TERMS OF USE AGREEMENT

Welcome to the nhsunlocked website (hereafter Our Site).  As you would expect, nhsunlocked has a set of rules to regulate how visitors and members may use our website www.nhsunocked.org.

Please read and review these Terms of Use carefully before accessing or using Our Site.  By accessing or using Our Site, you acknowledge that you have read, understood and agreed to this Terms of Use Agreement.  If you do not agree to these Terms of Use, you may not access or use Our Site.  

  1. About us.  Our Site is a technology platform that allows members and visitors to view and share opinions and knowledge on health.  It is owned and operated by Everything Unlocked Limited registered in England and Wales under company number 6596274 and has its registered office at The Studio, 1 Coach House Mews, 217 Long Lane, London SE1 4PP.
  2. Use of Our Site.  Your access to and use of Our Site and of any information contained within it is subject to this Terms of Use Agreement.  By accessing and using Our Site, you accept, without limitation or qualification, this Terms of Use Agreement.  We reserve the right to change these Terms of Use from time to time without notice, as we deem necessary.  Your continued use of Our Site is deemed to be your acceptance of any changes to these Terms of Use.
  3. Our Site does not provide medical advice.  All content on this site: text, forum posts, email advice from other members, member profiles, advice, images, treatments, recommendations by other members, recommendations by content on other sites linked to from Our Site and any and all other content on the site is not a substitute for professional medical advice.  Always contact a GP or other health practitioner and in an emergency dial 999 and never delay in seeking advice or dialing emergency services because of something that you have read on Our Site. 
  4. Content and Limitation of Liability. nhsUnlocked is a technology platform.  All views and opinions and knowledge expressed on the site by members or visitors are the sole opinions of the members or visitors themselves. The owners of nhsUnlocked make no warranties or representations of any kind as to the accuracy, currency, completeness, reliability, operability, or legality of information or opinions contained or expressed within Our Site.  Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, by any Member, or by anyone who may be informed of any of its contents.

    Further, Our Site is provided to you on an "as is" and "as available" basis.  You agree that access to and use of Our Site and the content available on Our Site is at your own risk.  To the fullest extent permitted by law, Our Site and any individual person connected to Our Site and any party involved in creating, producing or delivering Our Site hereby exclude:

    • all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
    • any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of Our Site or websites linked to Our Site, including, without limitation any liability for loss of income or revenue, loss of business, loss of profit, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

    Privacy Policy.  Because privacy is becoming increasingly important to all of us, we would like you to have a clear understanding of how your personal data will be used.To view our Privacy Policy [click here].

  1. Registration.  You will not be able to use Our Site properly unless you register with us. By becoming a Member, you agree that we may provide you with information about Our Site (whether by e-mail or any other medium) that we consider appropriate.  You may opt-out of receiving these materials by writing to or e-mailing us to inform us that you wish to be removed from our contact list. 
  2. Non-commercial Use by members.  The site is for the use of individuals for non-commercial purposes only.  Companies, organizations, businesses may not become members and should not use the site without express permission.
  3. Acceptable use

    You may only use Our Site in accordance with this Terms of Use Agreement and, in any event, for lawful purposes in compliance with all applicable laws, regulations and codes of practice in the UK or in any other jurisdiction from where you access Our Site.  In particular, you agree not to access without authority, interfere with, damage or disrupt:

    • any part of Our Site;
    • any equipment or network on which Our Site is stored;
    • any software used in the provision of Our Site; or
    • any equipment or network or software owned or used by any third party.

    You may not obtain or attempt to obtain any materials or information from Our Site through any means not intentionally made available to you through Our Site.   

    As a Member, you may view and participate in our forums page.  We are under no obligation to oversee, monitor or moderate any of the forums or any other interactive service we provide on Our Site, and we expressly exclude our liability for any loss or damage arising from the use of a forum or any other interactive service in contravention of the following standards, whether the service is moderated or not.

    Your contributions must: 

    • be accurate (where they state facts);
    • be genuinely held (where they state opinions); and
    • comply with applicable law in the UK and in any country from which they are posted.

    Contributions must not:

    • contain any material that is obscene, offensive, hateful, inflammatory or defamatory of any person;
    • promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • infringe any copyright, database right, trade mark or any other right of any other person;
    • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
    • be likely to harass, upset, embarrass, alarm or annoy any other person;
    • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
    • give the impression that they emanate from us, if this is not the case; or
    • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.  

    We will determine, in our discretion, whether there has been a breach of this Terms of Use Agreement through your use of Our Site.  When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate, including, for example, withdrawing your right to use Our Site; removing any posting or material you have uploaded to Our Site; taking legal action against you; or disclosing such information to law enforcement authorities as we reasonably feel is necessary. 

  1. Indemnification.  You agree to indemnify, defend and hold harmless nhsUnlocked, its parent company Everything Unlocked, its officers, directors, employees, agents, suppliers and third party partners from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings whatsoever, howsoever arising, resulting from or in connection with any violation by you of these Terms of Use, including, without limitation, the submission of any inaccurate or incorrect information. 
  2. User account, password, and security.  In order to register with us and become a Member, you will be invited to provide a password and a user name.  You are entirely responsible for maintaining the confidentiality of your password and account.  You will never be required to reveal your full password to any representative or agent of nhsUnlocked.  If you forget your password we may ask you to answer a specific question such as your username, date of birth or postcode.  Furthermore, you are entirely responsible for any and all activities that occur under your account.  You agree to notify office@nhsunlocked.org immediately of any unauthorised use of your account or any other breach of security.  We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge.  However, you could be held liable for loss or damage incurred by us or another party due to someone else using your account or password.  You may not use anyone else's account at any time, without the express permission of the account holder.  We have the right to disable your user name or password at any time if in our opinion you have failed to comply with any of the provisions of this Terms of Use Agreement.

    Third parties and third party websites and links. 

    We also may provide links or references on Our Site to the websites of other companies, whether affiliated with us or not.  By clicking on these links and accessing these other websites, you will be leaving Our Site.  Similarly, Our Site may be accessed through third party links over which we have no control.  We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information.  Inclusion of any third party link does not imply an endorsement or recommendation by Everything Unlocked Limited.  We cannot give any undertaking that products or services you purchase from third parties, or from companies to whose websites we have provided a link on Our Site, will be of satisfactory quality and/or fit for any specified purpose, and any such warranties are disclaimed by us absolutely.  This disclaimer does not affect your statutory rights against the third party.

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

  1. Non-confidential information.  Subject to any applicable terms and conditions set forth in our Privacy Statement, any communication or other material that you send to us through the internet, or post on Our Site by electronic mail or otherwise, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information.  We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing strategies and marketing materials and/or products. 
  2. Proprietary rights.  The entire contents of Our Site are protected by copyright, database rights and other intellectual property rights.  The contents of Our Site may not be copied other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed.  Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in Our Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without our express written consent.  Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any patent or trademark of Everything Unlocked Limited, or any third party.
  3. Written communication.  When using Our Site, you accept that communication with us will be mainly in electronic format.  We will contact you by e-mail or provide you with information by posting notices on Our Site.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.
  4. Notices.  All notices given by you to us, including any complaints that you might have about Our Site, must be given to Everything Unlocked Limited at The Studio, 1 Coach House Mews, 217 Long Lane, London SE1 4PP or by email at office@nhsunlocked.org.  We may give notice to you at either the e-mail or postal address you provide to us when you become a Member, or in any of the ways specified in the above paragraph.  Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  5. Waiver.  If we fail, at any time during the term of your use of Our Site, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

    A waiver by us of any default shall not constitute a waiver of any subsequent default.

    No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.

  1. Severability.  If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
  2. Entire agreement.  These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to access to and your use of Our Site and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  3. Law and jurisdiction.  These terms and conditions and the agreement between you and us will be governed by English law.  Any dispute arising from, or related to, these terms and conditions or our agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
 

Last Updated: 1st August 2008  

Copyright © 2008 Everything Unlocked Limited