Terms and Conditions

FinalPush - Terms and Conditions - Version 1.0

Please read these terms and conditions carefully before using this website. We recommend that you print or save a copy for future reference.

Any reference to “you” or “your” is a reference to you as a user of our Website or the FinalPush App.

References to “FinalPush” (or “we”, “us” or “our”) are to FinalPush Limited (company no. 11953946 with registered office at Delta Place, 27 Bath Road, Cheltenham, England, United Kingdom, GL53 7TH).

Part 1 of these terms and conditions (the “Website Terms”) applies to users of our website and users who download the FinalPush web application, the “FinalPush App” (as defined below), but who are not paying subscribers to the FinalPush App.

Part 2 (the “Subscription Terms”) applies to users of our Website who are paying subscribers of our FinalPush App.

Part 1 - Website Terms (Version 1.0 dated [29 June 2020])

1. Introduction

1.1. Any reference to “you” or “your” is a reference to you as a non-subscribing user of our website or web-application.

1.2. References to “FinalPush” (or “we”, “us” or “our”) are to FinalPush Limited (company no. 11953946 with registered office at Delta Place, 27 Bath Road, Cheltenham, England, United Kingdom, GL53 7TH).

1.3. The Website Terms govern all users of the FinalPush.co.uk website (the “Website”) or who download the “FinalPush” web application owned by us and available through the Website and the relevant App Stores (the “FinalPush App”) but are not paying subscribers to the FinalPush App (for the purposes of the Website Terms, subsequent references to the Website shall include the FinalPush App).

1.4. The purpose of the Website and the FinalPush App is to provide a revision and teaching aide for anaesthetic medical trainees and consultants in connection with the periodic FRCA examinations in the UK in the course of their professional development.

1.5. By using the Website you agree to be bound by these Website Terms. You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Website Terms and that they comply with them. If you do not accept these Website Terms, you should not use this Website.

2. Changes to these Website Terms

2.1. These Website Terms were last updated on the date specified in the heading to Part 1 above.

2.2. We may revise these Website Terms, our Privacy Policy and Cookie/UDID Notice from time to time. It is your responsibility to check those documents periodically for any changes. Your continued use of the Website will mean that you agree to any changes.

3. Intellectual property rights

The content, layout, design, data, databases, trade marks, logos and graphics on any part of the Website (individually and taken together, the “Website Content”) are owned by FinalPush and its licensors and protected by intellectual property laws. No intellectual property rights in the Website Content are transferred to you.

4. Using our Website

4.1. You must not copy, photograph, print or download any Website Content.

4.2. In addition to the above, you must not:

• create derivative works of any Website Content (or make any translation), or use any FinalPush trade mark or logo without FinalPush’s prior written consent;

• remove, obscure, or change FinalPush or its licensors' copyright notices, policies, disclaimers, terms or other means of identification;

• upload, send, post or submit any personal data to the Website unless you have a valid legal basis to do so;

• provide or make available by electronic means to any third party, paper or electronic copies of any Website Content;

• use any web crawler or similar technology to index Website Content or to scrape, build databases or otherwise create permanent copies of any part of the Website, or keep cached copies longer than permitted by the cache header;

• misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, spyware, adware or other material which is malicious or technologically harmful or designed to adversely affect the operation of the Website or of any computer software or hardware relating or connecting to them; or

• you must not attempt to gain unauthorised access to any part of our Website, the servers on which our Website are stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

4.3. If you copy, photograph, print off or download any material from our Website in breach of these Website Terms, any rights to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.4. We have the right to disable your access if in our reasonable opinion you have failed to comply with any of the Website Terms.

5. Disclaimers

5.1. The Website Content is provided on an 'as is' basis, without warranties of any kind. No warranty, express or implied, is given that any of the Website Content is accurate, complete or up to date. FinalPush does not accept any liability for any error or omission of any Website Content.

5.2. Any and all representations and warranties whether express or implied, including implied warranties of quality, fitness for a particular purpose or non-infringement, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise are excluded to the fullest extent permitted by law. We do not exclude any liability in respect of death or personal injury caused by our negligence, liability for our fraud, or any other liability that we cannot exclude by law.

5.3. Use of our Website and Website Content is at your own risk. FinalPush will not be liable to any users of the Website and any third parties for any claims or losses of any nature including, but not limited to, loss of profits, direct, indirect, special or consequential damages arising from a user’s or third party's use or inability to use the Website or any part of it, including any loss of data or lost profits or wasted time of management or employees even if FinalPush is aware of or has been advised of the possibility of such damages.

5.4. FinalPush accepts no responsibility for the content on any other website to which a hypertext link from this Website exists or for any use of personal data by the third party operating such a website. Any such links are provided 'as is' with no warranty, express or implied, for the information provided within them.

5.5. FinalPush does not accept any liability or responsibility for links from any other website to our Website

6. Access

Information transmitted via this Website will pass over public telecommunications networks. FinalPush makes no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaims all liability in this respect.

7. Viruses and cyber

7.1. Whilst we have taken steps to maintain the security of our Website, do not guarantee that our Website will be secure or free from bugs or viruses.

7.2. You are responsible for configuring your information technology, computer programmes and platform to access our Website.

7.3. FinalPush will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

8. How we use your personal information

Please see our Privacy Policy for how we use your personal data

9. Governing law and jurisdiction

These Website Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to and/or use of the Website.

Part 2 - Subscription Terms (Version 1.0 dated [29 June 2020])

1. Introduction

1.1. Any reference to “you” or “your” is a reference to you as a paying subscriber to our web application (defined as the “FinalPush App” below).

1.3. These Subscription Terms govern all users of the FinalPush.co.uk website (the “Website”) who are paying subscribers to the “FinalPush” web application owned by us and available through our Website and the relevant App Stores (the “FinalPush App”)

1.4. For the purposes of the Subscription Terms, subsequent references to the “Website” shall include the “FinalPush App”.

1.5. The purpose of the Website is to provide a revision and teaching aide for anaesthetic medical trainees and consultants in connection with the periodic Fellow of the Royal College of Anaesthetists (“FRCA”) examinations in the UK. You acknowledge that its use should be limited to that purpose and we do not undertake any responsibility to any user who is using the Website for any other purpose.

2. Your Subscription

2.1. By submitting your payment and other subscription details on our Website you are making an offer to FinalPush to buy a subscription to the FinalPush App on the basis of the Subscription Terms in force on the date you make your order (the date in force is specified in the heading to this Part 2). If you do not agree with these Subscription Terms you should not subscribe to or use the FinalPush App.

2.2. The subscription options available on the Website are set out in the table below:

2.3. When you submit an order for a subscription on our Website, you will be asked to agree to the Cookie Notice in force at the time of the order.

2.4. Your offer will be accepted by us and a contract formed when you have submitted your order, we have verified your payment details via Paypal and payment has been made to us for the subscription option selected by you in your order, at which point we will confirm your subscription by way of acceptance email (sent to the email address you have given us) and provide you access as soon as possible thereafter for the duration of your Contract Period (as defined below).

2.5 Our acceptance of your offer forms a legally binding agreement between you and us (the “Subscription Agreement”), which will continue for the contract period you selected and paid for in your order (the “Contact Period”) (as reflected in the table above). At the expiry of the Contract Period, or upon termination by either party in accordance with these terms, the Subscription Agreement will come to an end and you will no longer be entitled to access the Website.

2.6. The full amount of the price of the subscription is due at the start of the Contract Period. If we do not receive payment or if, for any reason, payment is recalled, we may immediately cancel your access to the FinalPush App.

2.7. If we are unable to accept your order, we will inform you of this and will not charge you for the subscription.

2.8. When subscribing to the FinalPush App you must provide us with accurate and complete information (including contact and other information) and it is your responsibility to inform us of any update to that information by contacting us at help@finalpush.co.uk. We are entitled to rely on any information you provide to us. All information received by us about you as a result of your subscription or your access to and use of the FinalPush App will be used by FinalPush in accordance with our Privacy Policy and Cookie Notice. Please read the Privacy Policy and Cookie Notice for further information about how we may process such information, including your personal data.

2.9. We may make changes to the Subscription Terms but if we do we will notify you at the email address you have provided to us. Following the notification, you may choose to do nothing, in which case the Subscription Agreement will be amended in line with the revised Subscription Terms from the stated effective date of the amendment(s) in our email or you may contact us at help@FinalPush.co.uk to terminate the Subscription Agreement at any time before on the date before the specified effective date. We may also make changes to our Privacy Policy and Cookie/UDID Notice and if we do we we will notify you at the email address you have provided to us.

3. Payment

3.1. Payment for a subscription must be made via our Website using PayPal.

3.2. It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying for your subscription, including in relation to any currency conversion required.

3.3. By subscribing to the FinalPush App, you are representing to us that you are entitled to purchase the subscription and you are not subject to any trade sanction.

4. Taxes

The prices we state for our subscriptions are inclusive of VAT (or other similar sales tax), if applicable.

5. Renewals

5.1. Your subscription will not automatically renew at the end of each Contract Period.

5.2. Under the two-month, four-month and one-year subscription options, we may contact you (using the email address you have provided to us) in advance of the renewal date to notify you that your subscription is about to expire.

5.3 In either case, if you wish to renew your subscription, please make a new order on our Website.

6. Intellectual property rights

6.1. The content, layout, design, data, databases, trade marks, logos and graphics on any part of the Website (individually and taken together, the “Website Content”) are owned by FinalPush and its licensors and protected by intellectual property laws. No intellectual property rights in the Website Content are transferred to you.

6.2. FinalPush hereby grants you a non-exclusive, non-transferable right to access and use the Website for your own personal use during the Contract Period (subject to the terms set out in clause 7 below).

7. Your use of the Website

7.1. Your subscription is personal to you and you may not share with, give, licence or transfer to, any other person any of your rights or entitlements under this Subscription Agreement (including to access and/or use the FinalPush App under your user account using your password and/or user code). You agree to take responsibility for all access to and use of the FinalPush App that occurs under your user account and to prevent unauthorised use of it. You shall not knowingly permit any third party to access or use the FinalPush App. Without further obligation to you, we may cancel or suspend your access to the FinalPush App if there is reasonable evidence to indicate you have shared your user account details. If you believe that your user account is being used by anyone else, please inform us immediately via help@FinalPush.co.uk

7.2. We reserve the right at any time to verify and/or validate that you are a personal subscriber to the FinalPush App and that you are accessing and using the FinalPush App for your own personal use.

7.3. You must not copy, photograph, print or download any Website Content.

7.4. In addition, you must not:

• create derivative works of any Website Content (or make any translation), or use any FinalPush trade mark or logo without FinalPush’s prior written consent;

• remove, obscure, or change FinalPush or its licensors' copyright notices, policies, disclaimers, terms or other means of identification;

• upload, send, post or submit any personal data to a Website unless you have a valid legal basis to do so;

• provide or make available by electronic means to any third party, paper or electronic copies of any Website Content;

• you must not attempt to gain unauthorised access to our Website, the servers on which our Website are stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

7.5. If you copy, photograph, print off or download any material from our Website in breach of these Subscription Terms, any rights to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7.6. However, you are not prevented from you making your own notes based on your own personal use of the FinalPush App.

8. The Website Content / Our liability to you

8.1. Please read the following section carefully.

8.2. The FinalPush App is designed to provide a revision aid to trainee anaesthetists in connection with their preparations for the periodic FRCA examinations in the United Kingdom and consultant anaesthetists seeking teaching aids to assist their trainees in preparing for those examinations. The FinalPush App is not intended to be comprehensive and cover all possible exam topics. Knowledge and best practice in this field are subject to constant change and, on occasion, difference of professional opinion. Procedures for diagnosis, referral and treatment differ depending on the context or change as new research and clinical experience broaden professional understanding.

8.3. We take reasonable care to ensure that the information provided in the Website Content is correct (within the range of reasonable professional opinion) and we consider periodically whether any updates are necessary to reflect developments in knowledge and practice. If we do, taking reasonable care, we periodically update the Website Content to reflect any changes we consider necessary.

8.4. The revision topics within the Website Content are those that we consider, using reasonable care, are potentially relevant areas for the FRCA examination although we do not warrant that they are complete and/or exhaustive.

8.5. Any and all other representations and warranties whether express or implied, including implied warranties of quality, fitness for a particular purpose or non-infringement, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise are excluded to the fullest extent permitted by law. We do not exclude any liability in respect of death or personal injury caused by our negligence, liability for our fraud, or any other liability that we cannot exclude by law.

8.6. The FinalPush App must not be used (and you agree not to use it) as a replacement for independent study and verification from official sources in your preparation for your examination(s). We cannot guarantee and do not promise any specific results in your examinations from use of the FinalPush App.

8.7. Further, the FinalPush App must not be used (and you agree not to use it) for the purpose of you or others making clinical decisions in practice. It is your responsibility to make your own professional decisions and judgments and to independently verify any information that you may choose to rely upon from the FinalPush App.

8.8. We shall not be liable to you or any third parties whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect, special or consequential loss or damage arising under or in connection with your use of the FinalPush App, including any loss of data or wasted time of management or employees even if FinalPush is aware of or has been advised of the possibility of such damages.

8.9. Without prejudice to the other provisions of this Subscription Agreement, we are not responsible for, or liable to you if you suffer or incur, any loss as a result of matters beyond our reasonable control such as, by way of example (and not limited to), the provision or performance of public or private communications networks, internet services and/or connections, acts of god, industrial action, terrorist attack or threat.

8.10. Notwithstanding anything to the contrary contained herein, FinalPush’s total financial liability to you (if any) for any breach of this Subscription Agreement is limited to the price you have paid for your subscription.

8.11. FinalPush accepts no responsibility for the content on any website to which a hypertext link from this Website exists or for any use of personal data by the third party operating such a website. Any such links are provided 'as is' with no warranty, express or implied, for the information provided within them.

8.12. FinalPush does not accept any liability or responsibility for links from any other website to our Website.

8.13. FinalPush does not exclude any liability in respect of death or personal injury that may be directly caused by our negligence, liability for our fraud, or any other liability that we cannot exclude by law.

9. Viruses and cyber

9.1. Whilst we have taken steps to maintain the security of our Website, we do not guarantee that it will be secure or free from bugs or viruses.

9.2. You are responsible for configuring your information technology, computer programmes and platform to access our Website.

10.3. FinalPush will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

10. How we use your personal information

Please see our Privacy Policy and our Cookie/UDID Policy for how we use your personal data.

11. Cancellation: by you

11.1. Except as specifically provided in clause 2.9 above and 11.2 below, the Subscription Agreement will continue for the duration of the relevant Contract Period and terminate at its expiry. You may provide us with notice in advance of your current Contract Period expiring but the cancellation will not take effect until the end of your current Contract Period.

11.2. As indicated in the Cookie/UDID Notice, you may withdraw your consent to us collecting and monitoring the UDID of any device you use to access the Website at any time by giving us notice to help@finalpush.co.uk, in which case the Subscription Agreement will terminate from the date their notice is received by us.

11.3. If you cancel the Subscription Agreement in accordance with clause 2.9 and 11.2, we will refund the pro-rated proportion of the money you have paid in advance in respect of the unexpired Contract Period.

12. Cancellation: by FinalPush

12.1. FinalPush reserves the right to cancel your Subscription Agreement (or suspend your access to the Website) with immediate effect by notice in writing if you are in breach of any of the terms of this Subscription Agreement. Breach of clauses 7.1, 7.3, 7.4, or 7.5 will result in no refund being made available. If we cancel the Subscription Agreement due to other breaches in the Subscription Agreement, we will refund the pro-rated proportion of the money you have paid in advance in respect of the unexpired Contract Period but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breach of the Subscription Agreement.

12.2. Separately, we may cancel your subscription on giving you notice in writing in the unlikely event that we cease to provide access to (or to be able to provide access to) the FinalPush App. If we cancel the Subscription Agreement for this reason, we will refund the pro-rated proportion of the money you have paid in advance in respect of the unexpired Contract Period.

13. Suspension

We may temporarily suspend your access to the Website to deal with technical problems, make minor technical changes, update the Website to reflect changes in relevant laws and regulatory requirements or make the periodic Website Content changes referred to in clause 8.3 above.

14. Update emails

We may choose (in our discretion) to provide subscribers who have notified us that they wish to receive them, email updates about changes to to the Website or Website Content.

15. Transferring FinalPush’s rights and obligations

FinalPush may transfer its rights and obligations under this Subscription Agreement to another organisation upon notice to you.

16. Severability

Each of the provisions set out in this Subscription Agreement operates separately. If any court determines that any of them are invalid, the invalidity will not affect the other provisions which shall remain in full force and effect (and construed accordingly to the extent necessary).

17. No waiver

If either party fails to exercise any right or remedy under this Subscription Agreement then such failure does not amount to a waiver of that right or remedy.

18. Entire Agreement

This Substitution Agreement (and the terms incorporated therein) constitutes the complete agreement between you and FinalPush relating to your use of the Website.

19. Governing law and jurisdiction

This Substitution Agreement and any dispute or claim arising out of or in connection with it or it subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to and/or use of the Website.

20. Feedback, complaints and questions

If you have any queries, feedback or complaints about your subscription or our Website, please contact us on email at help@finalpush.co.uk.