Copyright © 2001-present Smith & Nephew. All rights reserved.
Welcome to the Electronic Global Wound Academy (“EGWA”), owned and operated by Smith & Nephew. We hope you will find EGWA to be informative and helpful.
1. Identity of contracting parties
This legally binding Agreement is between you and Smith & Nephew, a corporation with its principal place of business at 970 Lake Carillon Drive, Suite 110, St. Petersburg, FL (“Smith & Nephew”).
The terms “you” and “user” refer to all individuals and entities accessing EGWA for any reason. The terms “us,” “we” and “our” refer to Smith & Nephew.
In this Agreement you will find the terms and conditions which govern your use of EGWA. Certain areas of EGWA may be subject to additional terms and conditions. By using such areas, or any part thereof, you agree to be bound by the additional terms and conditions applicable to those areas. Other terms and conditions may be incorporated into this Agreement by reference, these can be accessed by clicking on the links below.
2. Accepting the Terms
By using our site, you accept this Agreement and you agree to abide by it. If you do not agree to be bound by this Agreement, you must refrain from using EGWA as you are not permitted to use any of its content or services.
3. User eligibility
EGWA and its services are available only to individuals who are 13 or over and entities who can form legally binding contracts under applicable law. If you do not meet the eligibility requirements in this clause, you must not use EGWA and its services.
4. Accessing EGWA
Access to EGWA is permitted on a temporary "as is" basis, and we reserve the right to withdraw or amend the service provided on EGWA without notice or liability, including as stated in clause 5.
5. Smith & Nephew’s right to terminate your access
If you fail to abide by this Agreement, Smith & Nephew may, with or without notice, terminate your access and use of EGWA, and may remove and discard any material which you have contributed or made available through EGWA. Smith & Nephew shall not be liable to you or to any third party for the exercise of its rights under this Agreement.
8. Log-in and log-out security
You are responsible for maintaining the security of your password, and you should ensure that you log out properly when you have finished using EGWA, especially on shared computers.
You must promptly notify us if your user name or password or any other details for the EGWA service are lost, stolen or used without permission. In such an event, we will cancel those details to preserve your security and update our records accordingly.
9. Permissible uses of EGWA materials
EGWA is for your personal use. Unless you first obtain Smith & Nephew’s express written permission, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from EGWA. To do so will automatically terminate this Agreement and could result in civil and criminal penalties.
10. Copyright notice
Unless otherwise noted, all contents of EGWA, including but not limited to words, images and sounds, are: © 2001-present Smith & Nephew. All rights reserved. You may not reproduce, copy, download or distribute any content of this site without first obtaining express written permission from Smith & Nephew. Violations of Smith & Nephew’s copyrights may result in civil and criminal penalties.
11. Trademark notice
“Electronic Global Wound Academy” is a service mark of Smith & Nephew and may not be reproduced without Smith & Nephew’s express written permission. The design and layout of EGWA is protected as trade dress and may not be copied or imitated in any way without Smith & Nephew’s express written permission. Violations of Smith & Nephew’s trademark rights may result in civil and criminal penalties.
12. No medical advice or treatment
Any Smith & Nephew products shown in EGWA are provided for informational and educational purposes only. No part of EGWA creates any form of medical advice or recommendations for treatments. In no instance should you attempt to diagnose or treat a medical condition based solely on information provided on or through EGWA. If you suspect you have a health problem, you should immediately seek diagnosis and treatment from a qualified healthcare professional.
Use of EGWA does not constitute the establishment of a physician-patient relationship between Smith & Nephew and yourself.
Please note that some products shown on EGWA may not be available in all countries or may be known by a different name and indications for use may vary from country to country.
13. Restrictions on uploading and downloading materials
EGWA may provide you with the opportunity to upload materials and to communicate with other users of EGWA. You hereby agree to use EGWA and any services it offers only to send and receive materials that are proper and related to the educational focus of EGWA. Without limiting the following, you warrant and agree that you will not use EGWA or any of its services to:
- Provide any information which you know or ought to have known was incorrect, including but not limited to user registration details and uploads;
- Defame, threaten or otherwise violate the legal rights of any third party, including intellectual property rights;
- Violate any law, statute, ordinance or regulation;
- Distribute any unlawful or inappropriate material (e.g. discriminatory or threatening);
- Upload files which you do not own all the content of or do not have valid consent to use;
- Upload files that contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any software or programming routines;
- Collect or harvest any personal data of any user of EGWA or its services;
- Damage or interfere with any other user's computer;
- Upload any files which contain false notices of origin or ownership, or delete information on origin or ownership from files before they are uploaded;
- Advertise or offer to sell any goods or services for any commercial purpose;
- Distribute or conduct contests, pyramid schemes or chain letters;
- Download any file that you know, or reasonably should know, cannot be legally distributed; and
- Restrict or inhibit any user from using and enjoying EGWA or any of its services.
14. Requirement of indemnification for damage caused by users, and rectification
As a condition of this Agreement, you warrant to Smith & Nephew that you will not use EGWA for unlawful purposes or in ways which are prohibited by this Agreement or which could interfere with the site or any other party’s use of EGWA and its services.
You agree to indemnify and hold Smith & Nephew and its subsidiaries, affiliates, officers, agents and employees (collectively hereon after referred to as “Smith & Nephew”) harmless from any breach of your warranty, including but not limited to any claim made by any third party which arises out of your use of EGWA and its services. This obligation extends to any judgments, awards, settlements and costs, including reasonable attorney’s fees, which stem from breach of your warranty or any claims made by any third party which arises out of your use of EGWA and its services.
Where Smith & Nephew or your institution inform you that, or you become aware that, materials you have uploaded contravene this Agreement, you shall immediately rectify or remove that material, If you fail to do so within a reasonable time (as determined by Smith & Nephew or your institution) then your access and use of EGWA may be terminated in accordance with clause 5. Smith & Nephew or your institution may also amend or remove that material.
15. Disclaimer of responsibility for errors and omissions
EGWA may include technical inaccuracies or typographical errors. Smith & Nephew does not warrant the accuracy of any of the content on or accessible through EGWA and its services. We reserve the right to correct any errors, inaccuracies or omissions at any time without prior notice.
16. Disclaimer of liability for inoperable website and loss of data
Smith & Nephew does not provide any warranty that the information contained on EGWA will be available, accessible, uninterrupted, timely, secure or operate without error nor that this website will be free of viruses or other harmful elements.
Smith & Nephew shall not be liable for any damages or injury resulting from your use of, your reliance on, or your inability to use EGWA.
Smith & Nephew does not guarantee that it will preserve any information you upload on or through EGWA. It is your responsibility to make backup copies as uploads can be amended, deleted or become unavailable at any time.
17. Disclaimer of responsibility for third party materials including other websites
There are links on EGWA which allow you visit other websites which are not under Smith & Nephew’s control. Smith & Nephew has no control over, and assumes no responsibility or liability for, the content, availability, policies of or loss or damage caused by any third party websites, including any reliance on their content or accuracy.
18. Disclaimer of all express and implied warranties
THE SITE AND THE CONTENTS ON OR ACCESSIBLE THROUGH EGWA ARE DELIVERED ON A “AS IS” AND "AS AVAILABLE" BASIS. SMITH & NEPHEW DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS LISTED ABOVE MAY NOT APPLY TO YOU.
19. Limitation on liability for damages
SMITH & NEPHEW ARE NOT liable and exclude liability for any loss, damage or injury (including any special, exemplary, indirect, incidental, consequential damages, costs or associated legal fees) that may be suffered as a result of use of, inability to use OR RELIANCE ON EGWA or its services to the fullest extent permitted by law, REGARDLESS OF WHETHER AN ACTION IS BROUGHT IN TORT OR CONTRACT AND REGARDLESS OF WHETHER YOU WARNED SMITH & NEPHEW OF THE POSSIBILITY OF SUCH DAMAGES. Our sole and exclusive liability for any reason shall be to discontinue access to or use of EGWA or relevant content.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE LIMITATIONS AND EXCLUSIONS LISTED ABOVE MAY NOT APPLY TO YOU.
20. Mandatory arbitration of all disputes
Some jurisdictions may not allow a foreign law to apply and so this clause applies to the extent legally permissible in the user's jurisdiction.
Any controversy or claim relating to the Agreement, EGWA, or the products and services offered through EGWA, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The exclusive venue for any such proceedings, shall be as follows:
- Any arbitration shall be conducted in Memphis, Tennessee, U.S.A. and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
- Either party to this Agreement may seek interim or preliminary relief necessary to protect their rights or property pending the completion of arbitration from a court of competent jurisdiction in Memphis, Tennessee, U.S.A.
- Any arbitration or action related to EGWA will be governed by Tennessee law and U.S.A. federal law.
Unless otherwise prescribed by law, no legal actions can be brought by either party unless it is commenced within one (1) year of either:
- the date the claim arose; or
- the date the party became aware or should have become aware of the claim;
whichever was the earliest to occur.
21. Severability of provisions
The provisions of this Agreement are severable. Any invalidity or unenforceability of any provision (or part) shall not affect the validity or enforceability of the other provisions (or the remaining part). If any provision (or part) of this Agreement is invalid or unenforceable:
- a suitable and equitable provision (or part) shall be substituted in order to carry out, so far as may be valid and enforceable, the intent and purpose of the provision;
- any persons or entities who the provision applies to will not be affected by its unenforceability or invalidity in any other jurisdiction; and
- the rest of this Agreement shall remain unaffected within all other jurisdictions.
A printed version of this Agreement and of any future notice from Smith & Nephew given in electronic form shall be admissible in any proceeding relating to this Agreement or any such notice. This is subject to the same conditions and extent as other business documents and records originally generated and maintained in printed form.
22. Right to amend Agreement
23. Integrated contract
This Agreement represents the entire agreement between yourself and Smith & Nephew relating to your use of EGWA and shall prevail over all other communications. Use of EGWA is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, except where clauses in this Agreement have expressly stated exception to this.
24. Status of parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smith & Nephew as a result of your use of EGWA.
You may contact Smith & Nephew via email at email@example.com. Any ideas, suggestions, images, sounds, messages or other communications (collectively “Communications”) which you send to Smith & Nephew shall become and remain Smith & Nephew’s exclusive property. Your submission of Communications shall constitute an assignment of all rights in those Communications and shall entitle Smith & Nephew to use those Communications as they choose throughout the world, free from any royalty or license fee, in any current form which exists or which may be developed, subject to any relevant data protection legislation.
26. General Legal Terms
You note that if Smith & Nephew does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of Smith & Nephew's rights and that those rights or remedies will still be available to Smith & Nephew.
27. Institutional User Terms
This clause sets out the scope and terms of the enhanced administrative user functions available to institutions.
Institutional administrative users may undertake the following activities on user accounts:
- Perform edit functions within their institution only:
- Approve the addition of students to the institution and send a manual email with a Registration link and the institution’s id.
- Add/Edit Locations for the institution
- Enable the awarding on Continuing Professional Development points by learning element type.
- Edit Certificate of Award template made available after completing Learning Modules or Case Studies. The Student is then able to print or download the Certificate.
- Assign a tutor role to a Student user.
- Assign students to a location.
- User Administration for students belonging to the institution:
- Add/Edit Users
- Export list of users and information to an Excel, CSV, or TXT file
- Send e-mail to users using the GWA that have not opted out of receiving e-mails
- Access Student Learning History to see what learning has been completed or is in process, including scores and CPD awarded.
- Access report of Student Registrations to see the students that have registered.
- Set the pass rates for Learning Modules
- Institutional Learning:
- Upload documents that will be available to students for download
- Create Links for Students to access.
When undertaking such functions or using EGWA, the institutional administrative users shall comply with the terms of this Agreement, and act in such a way so as to ensure that Smith & Nephew is not placed in breach of this Agreement. By using your login details and entering the EGWA website you accept that this information is confidential, must be kept secure and that you will not use it for any purposes other than monitoring the learning and development progress of the people at your institution - in particular you must not copy or distribute it. If you become aware of any errors, please let Smith & Nephew know so that we can correct this by contacting us through the "Contact Us" function.
28. Date of last modification
This Agreement was last modified on 01 June 2013.