1.1 All material made available on this website is subject to Copyright and is for your personal learning. The use of all such material in any other way including duplication or reproduction without the express written consent of Dr Fibishenko is strictly forbidden.
1.2 By registering as a user and/or otherwise using this website, you agree to enter a covenant as a Covenantor (the “Covenant”) with the following terms:
1.2.1 You acknowledge that all material is for educational purposes (the Material), and may disclose certain confidential information;
1.2.2 Audio and video recording of the Material is not permitted, unless express permission is otherwise granted by Dr Alex Fibishenko.
1.2.3 Where the context permits "confidential information" shall mean and include the Material and the products of Dr Fibishenko and any information, specifications, techniques, procedures, spreadsheets, documentation, trade secrets and other materials, whether written or otherwise, furnished or disclosed directly or indirectly by Dr Fibishenko or the authorized representative of Dr Fibishenko to the Covenantor relating to such products and, without limiting the generality of the foregoing, also includes that information which relates to processes used and techniques adopted by Dr Fibishenko in the marketing of the products or in the carrying out of any aspect of its business, the structure and commercial or other application of its products, its trademarks and any trademarks used by Dr Fibishenko or representatives under licence, the research in hand or contemplated and new developments whether developed by Dr Fibishenko or representatives or acquired under an agreement with another person and the financial and market information.
1.2.4 Proprietary Nature of Confidential Information: The Covenantor acknowledges that the confidential information is proprietary to Dr Alex Fibishenko or representatives and has been designed, formulated, developed or accumulated by Dr Alex Fibishenko or representatives is secret and confidential, shall remain the exclusive property of Dr Alex Fibishenko or representatives and shall be used by the Covenantor only for the permitted purposes specified in Clause 1.2.8 of this Agreement.
1.2.5 The Covenantor agrees not to directly or indirectly allow, permit, use, reproduce or copy or permit the use, reproduction or copying of any of the confidential information except as may be necessary for the purposes referred to in Clause 1.2.8 herein.
1.2.6 Disclosure and Reproduction of Confidential Information: The Covenantor agrees not to disclose or reproduce any of the confidential information or suffer or permit the confidential information to be disclosed to any person whatsoever except with the written consent of Dr Alex Fibishenko and then only on to such persons on terms that they covenant and agree not to disclose the confidential information or suffer or permit the confidential information to be disclosed to any person unless the confidentiality thereof is similarly respected in the same manner as herein provided and then but subject thereto such disclosure shall only be made for the sole and exclusive purpose of enabling the purposes specified in Clause 1.2.8 herein.
1.2.7 Patient Privacy: The Covenantor agrees to respect the privacy of patients treated or present within the Material, and not to post or share any details of the patients, including their photographs, videos or any recording that includes the patient.
1.2.8 Use of Confidential Information for Permitted Purpose: The Covenantor may use the confidential information for the sole purpose of personal learning and revisions.
1.2.9 Indemnity Against Loss: The Covenantor agrees to indemnify, defend and hold Dr Alex Fibishenko and any of its partners, associates, affiliates, employees, directors and proprietors harmless against any and all loss, damage, cost and expense resulting from the unauthorised disclosure or use by the Covenantor, its agents, representatives or its employees of the confidential information for any purpose other than that provided in Clause 1.2.8 herein.
1.2.10 Injunctive Relief: In the event of a breach or threatened breach of the terms of this Covenant by the Covenantor Dr Alex Fibishenko shall be entitled and is hereby authorised by the Covenantor to obtain from any court of competent jurisdiction interim and permanent injunctive relief restraining the Covenantor from committing any breach or threatened breach of this Agreement without showing or proving any actual damage sustained by Dr Alex Fibishenko as well as an equitable accounting of all profits or benefits arising out of such violation, which rights and remedy shall be cumulative and in addition to any other rights or remedies to which Dr Alex Fibishenko may be entitled at law or in equity.
DISCLAIMER AND INDEMNITY
2.1 By registering as a user and/or otherwise using this website, you agree that Dr Alex Fibishenko is not liable to you for any loss, damage, injury or any incidental, indirect, special, consequential or economic loss or damage (including loss of opportunity, exemplary or punitive damages) whether to person or property and whether arising from default, negligence, misconduct or otherwise by Dr Alex Fibishenko, its employees, agents or contractors in connection with, or as a result of reliance on, any of the Material or any conference/event in which Dr Alex Fibishenko.
2.2 You agree to indemnify Dr Alex Fibishenko against liability for, or in respect of, any claims, demands, actions, costs, expenses, losses and damages arising out of or in connection with or as a consequence of any of your acts or omissions in connection with the Material and/or conference/event that breach these terms and conditions.