Terms and conditions of use

Walsall Cardiac Rehabilitation Trust is a registered charity, number 1109021. A Company limited by guarantee registered number 5389416 in English and with its registered offices at 12 Portland Street, Walsall, WS2 8AB.

If you are uncertain about anything in these Terms and Conditions please send an email to heartcare@ or write to us at the above address.

1. Introduction

1.1   These terms and conditions shall govern your use of our website.

1.2   By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3   If you register with our website, submit any material to our website or use any of our website services, we may use any material made to market out services.

1.4   Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Credit

2.1   This document was created using a template from SEQ Legal (https://seqlegal.com).

3. Copyright notice

3.1   Copyright (c) 2019 Walsall Cardiac Rehabilitation Trust

3.2   Subject to the express provisions of these terms and conditions:

(a)   we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)   all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1   You may:

(a)   view pages from our website in a web browser;

(b)   download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)   stream audio and video files from our website; and

(e)   use our website services by means of a web browser,

        subject to the other provisions of these terms and conditions.

4.2   Unless you own or control the relevant rights in the material, you must not:

(a)   edit or otherwise modify any material on our website

(b)   republish material from our website (including republication on another website);

(b)   sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)   exploit material from our website for a commercial purpose; or

(e)   redistribute material from our website.

4.3   Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.4   We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1   You must not:

(a)   use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)   use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)  use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2   You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3   You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

6. Registration and accounts

6.1   To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.

6.2   You may register for an account with our website by completing and submitting an account registration form on our website, and clicking on the verification link in the email that the website will send to you.

7. User login details

7.1   If you register for an account with our website, you will be asked to choose a password.

8. 8. Cancellation and suspension of account

8.1   We may:

(a)   [suspend your account];

(b)   [cancel your account]; and/or

(c)    [edit your account details],

        at any time in our sole discretion without notice or explanation.

8.2   You may cancel your account on our website [using your account control panel on the website].

9. Your content: licence

9.1   In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].

9.2   You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].

9.3   You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4   You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5   You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6   You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7   Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

11. Limited warranties

11.1 The material on the website is provided “as is” and for information purposes only. Whilst every care is taken in compiling the information on the website we do not make any warranties or representations as to its accuracy or reliability. We may make changes to the material on the website at any time without notice. Certain information on the website may contain typographical or other errors or be out of date, and we make no commitment to update such information. We and any third parties referred to on the website assume no responsibility for how you use the information provided through the website

11.2 Any medical information referred to in or through this website is given for information purposes only and it is not intended to constitute professional advice for medical diagnosis or treatment, to replace consultation with a qualified medical practitioner, or to advocate or recommend the purchase of any product or to endorse or guarantee the credentials or appropriateness of any health care provider. You are strongly advised to consult with an appropriate professional for specific advice tailored to your situation.

11.3 Where we provide hypertext links to other websites, we do so for information purposes only. We are not responsible for the content of any other websites or pages linking to or from our website. We have not verified the content of any such websites and links to other websites do not imply any endorsement of the material on those websites. If you choose to follow links to other websites you so at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements.

11.4 If you would like to establish a link to our website, please ask our permission before you do so. You can request permission from us by sending an email to [email protected]

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a)   limit or exclude any liability for death or personal injury resulting from negligence;

(b)   limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)   exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)   are subject to Section 12.1; and

(b)   govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.4 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)   send you one or more formal warnings;

(b)   temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)   [block computers using your IP address from accessing our website];

(e)   [contact any or all of your internet service providers and request that they block your access to our website];

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)   [suspend or delete your account on our website].

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with English law.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.