TERMS AND CONDITIONS OF USE
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Wellthiness Limited , the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Wellthiness Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Wellthiness Limited and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Industry Regulations : The site is not tailored to comply with industry specific regulations such as health, insurance, portability, and accountability act, HIPAA or others , so if your interactions will be subject to such laws, you may not use the site and you may not use the site in a way that would violate them.
Medical Emergency : Do not use the website for medical emergencies. If you have a medical emergency call a physician or qualified healthcare provider or call emergency services immediately under no circumstances, should you do it should you attempt self treatment based on anything you have seen or read on the website.
General information is not medical advice. The general information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practise medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.
No physician-patient relationship: The presentation of general information on the Website does not establish a physician-patient relationship between you and the Owner (or any of its physicians, healthcare professionals(HCPS) ) and is not intended as a solicitation of individuals to become patients or clients of the Owner (or any of its physicians/HCPs). This section does not apply to the extent that you are using the Website to communicate with a physician with whom you have an existing physician-patient relationship.
No endorsements : Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Wellthiness Limited , our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
b. print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Wellthiness Limited .
4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Wellthiness Limited for all claims resulting from Content you supply.
6. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
d. in any way that violates any applicable local, national or international law or regulation.
e. impersonate or attempt to impersonate any person or entity.
7. You must ensure that the details provided by you on registration or at any time are correct and complete.
8. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
9. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
10. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password And Security
11. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
12. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links To Other Websites
13. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Wellthiness Limited or that of our affiliates.
14. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
15. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
18. Any online facilities, tools, services or information that Wellthiness Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Wellthiness Limited is under no obligation to update information on the Website.
19. Whilst Wellthiness Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
20. Wellthiness Limited accepts no liability for any disruption or non-availability of the Website.
21. Wellthiness Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of Liability
22. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
23. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
24. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
25. To the maximum extent permitted by law, Wellthiness Limited accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
d. to you or any third parties for any loss, damage, expenses or any other liability arising directly or indirectly from the performance of our services to you.
26. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
27. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
29. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
30. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
31. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
32. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
User Generated Content
33. The Site offers services enabling you to chat, contribute to, or participate in brand pages, spaces and stack online forums , blogs, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “User Generated Content”). User Generated Content may be viewable by other users of the Site and through third-party websites. As such, any User Generated Content you transmit may be treated as non-confidential and non-proprietary.
34. We cannot guarantee the accuracy, authenticity, integrity, trustworthiness or quality of User Generated Content posted by users of the site.
35. We are not liable for any statements, representations, or User Generated Content provided by Site users. Any opinions, advice or recommendations expressed therein are those of the users providing such User Generated Content and not those of the site.
36. You represent and warrant that you own or otherwise control the Content you post on the Site, and that the sharing of your User Generated Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity or brand.
37. We take no responsibility and assume no liability for User Generated Content that you or any third party submits or posts on or through the Site. However, by posting User Generated Content you grant us a perpetual, worldwide, irrevocable, unrestrictive, non-exclusive royalty-free licence to use any User Generated Content in any manner whatsoever without compensation or attribution to you.
38. We reserve the right, in our sole and absolute discretion, to monitor, edit, redact, or otherwise change any User Generated Content; to re-categorize any User Generated Content to place them in more appropriate locations on the Site; and to pre-screen or delete any User Generated Content at any time and for any reason, without notice. We have no obligation to monitor your User Generated Content.
39. All User Generated Content should not:
Be false, inaccurate, or misleading.
Be unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Be obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us) and /or unlawful content
Ridicule, mock, disparage, intimidate, or abuse anyone.
Be used to harass or threaten (in the legal sense of those terms) any other person and to promote violence or encourage hate against any specific person or class of people or entity.
Violate any applicable law, regulation, or rule.
Violate the privacy or publicity rights of any third party.
Violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Promote the use of or sale of illegal or regulated substances or tobacco products.
Guidelines For Reviews
40. We provide areas on the Site for Users to leave reviews and ratings.
41. When posting a review, you must ensure you meet the following criteria and have firsthand experience with the brand/stack/entity being reviewed. The reviews should:
a. Not contain offensive profanity, or abusive, racist, offensive, or hate language
b. Not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, health or disability
c. Not contain references to illegal activity
d. Not be affiliated with competitors if posting negative reviews
e. Not make any conclusions as to the legality of conduct
f. Not post any false or misleading statements or make medical or health claims
g. Not organize a campaign encouraging others to post reviews, whether positive or negative.
42. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Wellthiness Limited details
31. Wellthiness Limited is a company incorporated in England and Wales with registered number 12264213 whose registered address is 128 City Road, London, EC1V 2NX and it operates the Website www.healthlist.co.
You can contact Wellthiness Limited by email on firstname.lastname@example.org.
32. These terms and conditions were created using a template document from Rocket Lawyer