Terms of Website Use
PLEASE READ THESE TERMS OF WEBSITE USE CAREFULLY BEFORE USING OUR WEBSITE. USING THE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE CONTENT IS PROVIDED SOLELY FOR YOUR INFORMATION. THE CONTENT DOES NOT PROVIDE YOU WITH ANY ADVICE OR RECOMMENDATION OF ANY KIND AND MUST NEVER BE USED AS A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONALS.
The following definitions and rules of interpretation apply in these Terms of Website Use.
- “Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
- “Content” means all audio, video, text, images or other content and information made available by us to you through the Website and may include content which is owned or controlled by third parties which we are permitted to make available to you through the Website;
- “Trustedoctor, we, our or us” means Trustedoctor Limited, a company is incorporated and registered in England and Wales with company registration number 10228675 and our registered office and main trading address is 20-22 Wenlock Road, London, N1 7GU. Our UK VAT number is GB251115940.
- “Health Specialist” means a User that is registered on the Website as a health specialist having entered into a Services Agreement with us to receive Introductions and provide Medical Services to Patients via the Website.
- “Introduction” means the introduction by Trustedoctor of a Patient for Medical Services to a Health Specialist via the Website at the Patient’s request.
- “Medical Services” means the medical advice, treatment, assistance, procedure or other services to be provided by a Health Specialist to a Patient following acceptance of an Introduction.
- “Patient” means a User that is registered on the Website for the purpose of being introduced to Health Specialists by Trustedoctor for Medical Services.
- “Terms of Website Use” means these Terms of Website Use together with any documents referred to in it.
- “User, you or your” means any person who uses the Website.
- “Website” means Trustedoctor’s website located at www.trustedoctor.com and related websites, applications, services and mobile applications provided by Trustedoctor.
- Clause headings shall not affect the interpretation of these Terms of Website Use.
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
- Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
- Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
- Acceptance of the terms
- These Terms of Website Use are a legal agreement between the User (including Health Specialists and Patients) and us for the use of our Website. Use of the Website includes accessing, browsing, or registering to use our Website.
- When using the Website, you must also comply with the following terms:
- (a) our Acceptable Use Policy , which sets out the permitted and prohibited uses of the Website and our services;
- Health Specialists must also comply at all times with the terms of the Health Specialist Services Agreement entered into with us.
- By using and/or registering to use the Website, you confirm that you accept all of the terms and conditions contained in these Terms of Website Use.
- If you do not agree to these Terms of Website Use, you must not use the Website.
- You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Website Use and other applicable terms and conditions, and that they comply with them.
- We recommend that you store or print-off a copy of these Terms of Website Use for your records.
- Website Services
- Trustedoctor allows Users to search for Health Specialists on the Website by specialism and practice, location for Patients to schedule video consultations (hosted by the Website) with Health Specialists to obtain a second opinion on a diagnosis that a Patient has received elsewhere and to request recommendations from Health Specialists for medical experts in a desired field of specialty. You may also access information on Health Specialists and their practices.
- In consideration of you agreeing to abide by these Terms of Website Use, we hereby grant to you a non-exclusive, non-transferable, licence to use the Website.
- Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice.
- Please note that certain sections of the Website are viewable without registering with us but to actively participate, or store your information, you must register as a Patient or Health Specialist.
- We will not be liable if for any reason the Website is unavailable at any time or for any period.
- From time to time, we may restrict access to all or some parts of the Website to Users who have registered with us.
- You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Website Use and that they comply with them.
- We may update and change the Website and the Content from time to time to reflect changes to our products, our users' needs and our business priorities. However, please note that any of the Content on the Website may be out of date at any given time, and we are under no obligation to update it.
- We do not guarantee that the Website will be secure or free from bugs or viruses.
- We cannot guarantee continuous access to the Website. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Website at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Website, or close it indefinitely.
- You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
- You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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. In the event of such a breach, your right to use the Website will cease immediately.
- Bookings with Health Specialists
- The Content on our Website is provided for education, scheduling, booking appointments, allowing communications between the parties and general information only. The Content provided on the Website about the Health Specialists has either been obtained by us from generally available public records and databases, written by us from publicly available information and databases, or has been submitted to us by Health Specialists. We do not provide Medical Services.
- Trustedoctor requires every Health Specialist:
- (a) to ensure that any Content he/she provides to us is accurate, complete and truthful;
- (b) to use all reasonable efforts to update the Content on our Website; and
- (c) to ensure that he/she holds all active licenses, certifications, accreditations and insurance protections to provide Medical Services as required by law to practice the specialties of the Medical Services offered by him/her in his/her jurisdiction.
- Notwithstanding the foregoing, Trustedoctor makes no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up-to-date.
- Trustedoctor makes no representations, warranties or guarantees, whether express or implied, as to any Health Specialists’ professional qualifications, expertise, eligibility, quality of work, price or cost information, insurance coverage or insurance fee assurance, benefit information or other Content. It is the sole responsibility of the Health Specialist to be eligible and capable of providing the appropriate Medical Services under the law of his/her jurisdiction. Patients acknowledge that Health Specialists in a different jurisdiction to them provide Medical Services in accordance with the law of the Health Specialist’s jurisdiction, even if that session is online via the Website.
- In no event shall Trustedoctor be liable to you or anyone else for any decision made or action taken by you in reliance on the Content.
- We do not in any way endorse, refer, verify, evaluate, guarantee or recommend any Health Specialist or their advice, procedures, treatment, information, and opinions or other information or Content listed or accessible through the Website. The Website acts only as a platform to introduce Patients to Health Specialists and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Health Specialist.
- The Patient is ultimately responsible for choosing his/her own Health Specialist. Any provision of Medical Services by the Health Specialist to the Patient is directly between the two parties and it is acknowledged that Trustedoctor is not a party to such arrangement, booking or contract. The provision of any Medical Services including second opinions by a Health Specialist to a Patient shall be governed by the terms of supply or contract agreed between such parties.
- All Patients acknowledge and agree that any complaint, grievance or claim he/she may have that is in any way connected with a Health Specialist and/or Health Specialist’s practice must be addressed and/or brought directly against the Health Specialist and/or their practice and not against Trustedoctor.
- Please note that the Content on the Website is provided solely for your information and you use the Website at your own risk. The Content does not provide you with any advice or recommendation of any kind and must never be used as a substitute for, nor does it replace professional medical advice, diagnosis, assistance or treatment or procedure. Nothing stated or posted on the Website is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the provision of medical care.
- It is strongly recommended in all cases that Patients discuss any second opinion provided by the Health Specialist with their own qualified healthcare provider. Patients must not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider based on what you have read on the Website nor use the Website for emergency medical care or needs. In a medical emergency, immediately contact the emergency services.
- Patients acknowledge that the Medical Services provided by Health Specialists through the Website differ from the typical diagnosis services offered by other qualified healthcare providers. Health Specialists will not have the benefit of information that would be obtained by examining a Patient in person and observing his/her physical condition and, consequently, may be unaware of information that would affect the nature of the Medical Services provided.
- In recognition of clauses 4.10 and 4.11, Patients accept that:
- any diagnosis provided by the Health Specialist is limited and provisional;
- any second opinion provided by the Health Specialist is not intended to replace a full medical evaluation or an in-person visit with a healthcare provider;
- Health Specialists do not have important information that is usually obtained through a physical examination; and
- the absence of a physical examination may affect the Health Specialist’s ability to diagnose the Patient’s condition, disease or injury.
- Health Specialists listed on the Website with whom Patients may book appointments or consultations, enter into contracts with us under which we charge the Health Specialist a fee for each Introduction of a Patient.
- We will provide you with Content about the Health Specialists who may be suitable to provide the Medical Services you seek based on information that you provide to us such as geographical location and medical specialty. In an effort to assist you in locating a Health Specialist and to enable the maximum choice and diversity of the Health Specialists offering Medical Services via the Website, your search results will be based on various inputs including, but not limited to, number of journal articles that the Health Specialist has written, patient base, years of qualification, number of surgeries performed, academic recognition, professional endorsements. Notwithstanding the foregoing, Trustedoctor does not receive any additional fees from the Health Specialists for featuring them on the Website.
- At the conclusion of each engagement, the Patient shall be given the opportunity to provide feedback on the Health Specialist’s performance of the Medical Services.
- Trustedoctor is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made during or in the context of a video consultation session. By using the Website, Patients agree that any Content that they submit may be transmitted to their selected Health Specialist, and vice versa. The content of communications is entirely the responsibility of the person from whom such Content originated. You therefore may be exposed to Content that is offensive, unlawful, obscene, indecent or otherwise objectionable, in which case, please refer to clause 17.2 of these Terms of Website Use.
- Our Introduction Contract with Patients
- Our acceptance of your order for an Introduction will take place when we email you to accept it, at which point a contract (the “Introduction Contract”) will come into existence between the Patient and us which shall govern our relationship together with these Terms of Website Use and documents referred to herein.
- If we are unable to accept your order for any reason, we will inform you of this by email and will not charge you for the Introduction.
- We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- If you wish to make a change to the Introduction that you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Introduction, the Health Specialist’s availability or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Introduction Contract.
- Payment by Patient for Introductions
- The price for the Introduction (the “Fees”) will be as displayed on the Website. The Patient shall make payment of the Fees to Trustedoctor via Paypal on the Website at the time of ordering.. We will not confirm acceptance of your order in accordance with clause 5.1 until we have received payment in cleared funds into our Paypal account and the Health Specialist has confirmed acceptance of the Introduction.
- Trustedoctor gives no warranty, nor does it accept any responsibility, for the security measures that Paypal has in place.
- Cancellation of the Introduction Contract
- If the provision of Medical Services to you by a Health Specialist is delayed by an event outside of Trustedoctor’s control then we will contact you to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Introduction Contract and receive a refund of the Fees in full.
- The Patient shall be entitled to a full refund of the Fees where he/she has a statutory right to end the Introduction Contract due to something we have done wrong, where you cancel the order within 14 days of the confirmation email under clause 5.1 (on the condition that the Patient has not received any Medical Services from the Health Specialist), or where the Health Specialist fails to attend a scheduled appointment within 10 minutes of its scheduled commencement time.
- Any Patient that submits his/her cancellation of the scheduled appointment with the Health Specialist less than 2 full Business Days ahead of the scheduled commencement time, other than in the circumstances detailed in clauses 7.1 and 7.2 and before receiving any Medical Services, shall not be entitled to a refund of the Fees. Provided that where the Patient submits his/her cancellation of the appointment earlier than 2 full Business Days ahead of the scheduled commencement time, he/she will receive a full refund of the Fees.
- We may end the Introduction Contract at any time in writing to the Patient’s email address on record where the Patient fails to attend a scheduled appointment with the Health Specialist to provide the Medical Services within 10 minutes of the scheduled commencement time. In this event, the Patient will not be entitled to any refund of the Fees.
- We will refund Patients by the same method that the Patient used for payment of the Fees within 14 days of our written confirmation that the refund request has been accepted.
- To rearrange a scheduled appointment or cancel the Introduction Contract, you must cancel the appointment from your dashboard.
- Health Specialist relationship
- Neither use of the Website, nor any other communication with Trustedoctor shall create a licensed Health Specialist/Patient relationship.
- Trustedoctor is not an employer of the Health Specialists, nor does it guarantee to introduce any quantity of Patients to Health Specialists.
- Trustedoctor has no control over, and cannot guarantee the availability of any Health Specialist at any particular time. We will not be liable for cancelled or otherwise unfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Website whatsoever.
- Users are strongly advised to perform their own investigations on the Health Specialist prior to selecting the Health Specialist, including, but not limited to, making confirmatory telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, by visiting the Health Specialist’s practice during a working day, contacting and speaking with your current GP and the medical association(s) relevant to the Health Specialist’s specialty.
- Changes to these terms
We may revise these Terms of Website Use at any time. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. If you do not agree to such changes, you should not use the Website. Your continued use of the Website after the date the modified terms are posted will constitute your acceptance of the modified terms.
- Your account and password
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Website Use.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
- Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and other laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to Content posted on our Website.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged.
- You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our Website in breach of these Terms of Website Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- We reserve all rights to pursue any remedy that we may have for breach of this clause 11.
- Limitation of our liability
- Nothing in these Terms of Website Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. For the avoidance of doubt, the terms of this clause 12 shall apply equally to the Introduction Contract.
- We shall bear no liability for any loss or damage caused by the negligence of a Health Specialist or their failure to hold appropriate licenses, certifications, accreditations and insurances to provide Medical Services lawfully.
- To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms which may apply to our Website or any Content on it.
- We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- (a) use of, or inability to use, our Website; or
- (b) use of or reliance on any Content displayed on our Website.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any Content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- Users accept that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied damages a device or digital content belonging to Users (other than Health Specialists) and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- Clauses 12.7 and 12.8 do not apply to Health Specialists.
- Our maximum aggregate liability under or in connection with these Terms of Website Use and the Introduction Contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £500,000.
- Either party may terminate these Terms of Website Use immediately and without notice to the other party. You may terminate these Terms of Website Use by deleting your account and refraining to use the Website.
- Upon termination for any reason:
- (a) all rights granted to you under these Terms of Website Use shall cease;
- (b) you must cease all activities authorised by these Terms of Website Use ; and
- (c) you must immediately delete your account and cease using the Website and certify to us that you have done so.
- Transfer of rights and obligations
- You may not transfer, assign, subcontract, novate, charge or otherwise dispose of these Terms of Website Use and the Introduction Contract, or any of your rights or obligations arising under them.
- We may transfer, assign, subcontract, charge, novate or otherwise dispose of these Terms of Website Use and the Introduction Contract, including any of our rights or obligations arising under them.
- Linking to our website
- 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.
- 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.
- You must not establish a link to the Website in any website that is not owned by you.
- The Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
- We reserve the right to withdraw linking permission without notice.
- The website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
- If you wish to make any use of Content on our Website other than that set out above, please contact [email protected]
- Third party links and resources in our website
- Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
- We have no control over the contents of those sites or resources and acceptance no liability for them.
- User-generated content
- This website may include information and materials uploaded by other Users of the site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other Users on the Website do not represent our views or values.
- If you wish to complain about information and materials uploaded by other Users please contact [email protected] and using the subject heading “Unacceptable Content”.
- Uploading content to the Website
- Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other Users of the Website, you must comply with the content standards set out in our Acceptable Use Policy.
- You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
- You are solely responsible for securing and backing up your content.
- Rights you are giving us to use material you upload
- When you upload or post content to the Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works and display that user-generated content in connection with the service provided by the Website and across different media.
- You will also grant other Users of the Website and third parties a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works and display that user-generated content in connection with the service provided by the Website and across different media.
- Our registered trade marks
"TrusteDoctor" is a UK registered trade marks of Trustedoctor. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under clause 11 (Intellectual Property Rights) of these Terms of Website Use.
- General terms
- Communications. We are required to provide certain information to you in writing. By accepting Terms of Website Use, you agree that we can communicate with you electronically either by email or by posting notices on the Website.
- Severance. If any of these Terms of Website Use should be determined to be illegal, invalid, or otherwise unenforceable, it shall be severed and deleted. The remaining Terms of Website Use shall survive, remain in full force and effect, and continue to be binding and enforceable.
- Waiver. If we fail to insist upon strict performance of any of these Terms of Website Use, or if we fail to exercise any of the right or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by us of a breach of obligation arising under these Terms of Website Use shall constitute a waiver of any other breach.
- Third Party Rights. A party who is not a party to these Terms of Website Use shall have no rights under the Contract (Rights of Third Parties) Act 1999 or otherwise as a third party to enforce any terms of these Terms of Website Use save for any parent, subsidiary, or affiliate entity within our group company.
- Entire Agreement. These Terms of Website Use and any document expressly referred to in it constitute the whole agreement between us and supersede any previous discussions, correspondence, arrangements or understandings between us.
- Law and Jurisdiction. These Terms of Website Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- Any dispute or claim arising out of or in connection with these Terms of Website Use will be subject to the exclusive jurisdiction of the courts of England and Wales.
- For the avoidance of doubt, a Patient residing in the EU shall be entitled to any mandatory consumer protections applicable in their own country of residence.
- Contact us
To contact us, please email [email protected] or call on xxxxxxxx.
Website Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.trustedoctor.com (the "Website"). This Acceptable Use Policy applies to all users of, and visitors to, the Website.
Your use of the Website means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Website Use.
The Website is operated by Trustedoctor Limited ("we", "us" or "our"). We are registered in England and Wales under company number 10228675 and we have our registered office and main trading address is at 20-22 Wenlock Road, London, N1 7GU. Our VAT number is GB251115940.
1. Prohibited uses
1.1 You may use the Website only for lawful purposes. You must not use the Website:
a) in any way that breaches any applicable local, national or international law or regulation;
b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) for the purpose of harming or attempting to harm minors in any way;
d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards at paragraph 3;
f) to attempt to clinical diagnose yourself;
g) to prescribe treatments to other users unless using as a Health Specialist as defined by the Terms of Website Use;
h) to create, check, confirm, update or amend your own or someone elseÕs databases, records, directories, customer lists, mailing or prospecting lists;
i) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
j) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2 You also agree:
a) not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms of Website Use; and
b) not to access without authority, interfere with, damage or disrupt:
i. any part of the Website;
ii. any equipment or network on which the Website is stored;
iii. any software used in the provision of the Website; or
iv. any equipment or network or software owned or used by any third party.
2. Interactive services
2.1. We may from time to time provide interactive services on the Website, including, without limitation, video calls, chat rooms, bulletin boards, discussion boards and forums ("Interactive Services").
2.2. Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
2.3. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
2.4. The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
2.5. Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3. Content standards
3.1. These content standards apply to any and all material which you contribute to the Website ("Contributions"), and to any Interactive Services associated with it.
3.2. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
3.3. Contributions must:
a) be accurate (where they state facts);
b) be genuinely held (where they state opinions); and
c) comply with applicable law in the UK and in any country from which they are posted.
3.4 Contributions must not:
a) contain any material which is defamatory of any person;
b) contain any material which is obscene, offensive, hateful or inflammatory;
c) promote sexually explicit material;
d) promote violence;
e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
f) infringe any copyright, database right or trade mark of any other person;
g) be likely to deceive any person;
h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
i) promote any illegal activity;
j) be threatening, abuse or invade anotherÕs privacy, or cause annoyance, inconvenience or needless anxiety;
k) be likely to harass, upset, embarrass, alarm or annoy any other person;
l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
m) give the impression that they emanate from us, if this is not the case; or
n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4. Suspension and termination
4.1. We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
4.2. Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
a) immediate, temporary or permanent withdrawal of your right to use the Website;
b) immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
c) issue of a warning to you;
d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e) further legal action against you; and/or
f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3. We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. Unacceptable content
5.1. If you find any content on our Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third party rights, deceptive in any way or otherwise in breach of our content standards, please notify us by email at [email protected] and using the subject heading "Unacceptable Content".
5.2. We take complaints seriously and on receipt of your complaint we will investigate whether the content breaches our content standards or this Acceptable Use Policy and may at our discretion, remove or block access to the content complained of.
6. Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page regularly to take notice of any updates, amendments or substitutions that we make. Your continued use of the Website after such revision constitutes your acceptance of the new Acceptable Use Policy which shall consequently be legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Website.