Terms and Conditions

Introduction

We are Brinkworth Digital Services Ltd trading as “The Healthcare Register”. Our company information is at the end of this document.

Some definitions

Here are some definitions which are used in this document (all capitalised):

  1. “Advertisements” - all promotions on our Service of any kind such as profiles, listings and banners.
  2. “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
  3. “Content” - all information of whatever kind including Advertisements, posts, comments, images, photos, audio, video, reviews etc., uploaded to our Service (including messages sent via our Service).
  4. “Healthcare Provider” - a healthcare professional or other User who places an Advertisement on our Service.
  5. “Service” – our website, the services we offer by means of our website and any related software and services.
  6. “User” - persons or organisations using our Service (whether or not registered with us) including Healthcare Providers.

What this is all about – introduction to our terms and conditions

These are our terms and conditions which apply to our Service. We’ve tried to make them user-friendly. Please read them carefully. They’re available in English only.

While these terms and conditions apply to everyone, the Addendum (at the end of this document) contains additional terms which apply only to Healthcare Providers. If there is a conflict, the Addendum takes priority.

Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on its behalf.

Changing our terms and conditions

We may change these terms and conditions by posting the new version on our website. Please check our website from time to time. You shall be bound by the revised agreement if you continue to use our Service following the effective date shown.

Your right to use our Service

We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.

Who can use our Service?

You must not use, or attempt to register on, our Service if you are below 18 years of age.

Acceptable use of our Service

You undertake not to do any of the following in connection with the Service:

  1. breach any applicable law, regulation or code of conduct;
  2. upload any Content (including links or references to other content), or otherwise behave in a manner, which:
    • is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
    • infringes any intellectual property or other rights of others;
    • involves phishing or scamming or similar; or
    • we otherwise reasonably consider to be inappropriate;
  3. upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
  4. impersonate any person or entity in order to mislead others;
  5. upload any Content which links to any third party websites which are unlawful or contain inappropriate Content;
  6. use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
  7. use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
  8. do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;
  9. do anything which may negatively affect other Users’ enjoyment of the Service;
  10. gain unauthorised access to any part of the Service or equipment used to provide the Service;
  11. use any automated means to interact with our systems excluding public search engines; or
  12. attempt, encourage or assist any of the above.

You undertake to:

  1. comply with any rules or requirements on our Service;
  2. promptly comply with any reasonable request or instruction by us in connection with the Service; and
  3. ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.

If you upload Content to our Service …

You are responsible for your Content.

You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.

You agree not to upload any patient records or clinical information to our Service (including communications between patients and Healthcare Providers via our Service).

If you post a review, you guarantee that you have no personal or business relationship with the entity, product or service being reviewed, that you are not a competitor of that entity, that have not been offered any incentive to write the review and that the review is your independent, honest, genuine opinion.

We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.

We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused.

We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.

It is your responsibility to make your own backup of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

We may irretrievably delete your Content without telling you after this agreement ends.

We only provide a platform

Our Service constitutes a neutral platform whereby prospective patients can make contact with Healthcare Providers. We do not provide any medical advice (emergency or otherwise) or guidance on who patients see or how their health is managed. It is your responsibility to seek medical guidance if you are unsure which Healthcare Provider would best suit your medical needs. If emergency care is required, you should seek this directly, for example by dialling 111 or 999 or contacting your GP.

If you deal with Healthcare Providers …

We will carry out checks on Healthcare Providers as stated on our Service but nonetheless you deal with them at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content posted by Healthcare Providers or in connection with any dealings with Healthcare Providers. It is your responsibility to carry out your own careful and detailed investigations before consulting with a Healthcare Provider.

You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below {including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.

Other peoples’ services / advertising / websites

In addition to the listings on our Service, we may also display other peoples’, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

Guidance

If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

Your account

Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You undertake not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

Functioning of our Service

We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service provided these don’t have a seriously negative effect on the Service.

Liability – restrictions on our legal responsibility (IMPORTANT)

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  1. there is no breach of a legal duty owed to you by us or by any of our employees or agents;
  2. such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  3. such loss or damage is caused by you, for example by not complying with this agreement; or
  4. such loss or damage relates to a business of yours.

Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

The following clauses apply only if you are not a Consumer:

  1. If you are or were a subscriber, our total aggregate liability of any kind (including our own negligence) is limited to the total fees paid by you to us in connection with our Service.
  2. In no event (including our own negligence) will we be liable for any:
    • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
    • loss of goodwill or reputation;
    • special, indirect or consequential losses; or
    • damage to or loss of data

    (even if we have been advised of the possibility of such losses).

  3. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
  4. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  5. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Intellectual property rights (e.g. copyright)

The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

If you upload any Content to our Service or provide us with any ideas or suggestions for our Service, you allow us at no cost, and forever, to use and adapt all or part of such material however we wish on our Service. You also allow each User to use your Content in accordance with these terms and conditions.

Privacy

You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

Events outside our control

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

Transfer

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

English law

This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.

General but important stuff

We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

Complaints

If you have any complaints, please contact us via the contact details shown below.

Company information

Company name: Brinkworth Digital Services Ltd
Trading name “The Healthcare Register”
Country of incorporation: England and Wales.
Registered number: 11933080
Registered office and trading address: 4 Ollney Road, Minchinhampton, Stroud, GL6 9BX, UK
Contact email address: admin@healthcareregister.com
Other contact information: See our website.

ADDENDUM APPLICABLE ONLY TO HEALTHCARE PROFESSIONALS

Your use of our Service

You must not use or, or attempt to register on, our Service if you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty.

You undertake to provide us with all documents requested, for example indemnity insurance, safeguarding and training certificates, and to promptly provided us with updated versions at the intervals we specify.

We reserve the right to take steps to verify information you provide us and to reject any application to register for our Service without giving reasons.

You undertake to us that in connection with the goods or services supplied to Users:

  1. you have and will maintain the necessary abilities (including licenses, permissions, qualifications, skills, training, expertise);
  2. you will act in accordance with the highest applicable professional / industry standards;
  3. you will immediately inform us in writing of any relevant change to your circumstances, for example any changes to your licence to practice or professional insurance cover;
  4. you will immediately inform us of the gist of any complaint by a User (excluding any patient clinical information); and
  5. you will comply with all applicable laws and regulations and will not infringe any third party rights.

You may only use any contact information supplied by Users strictly in accordance with applicable data protection and other laws.

We reserve the right in our discretion without notice to edit the text or layout of Advertisements or to locate or relocate Advertisements on our Service in order to ensure that your Advertisement complies with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).

We do not guarantee that your Advertisement will generate any particular level of revenues or suitable enquiries.

Reviews

You acknowledge that we may permit Users to post reviews in relation to you and/or your services and that these will be publicly available for viewing. We are not responsible for monitoring or editing reviews. You acknowledge that such reviews may be critical or defamatory of you.

Payment

Advertisements are payable by subscription which can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.

You are legally committed to pay for your Advertisement once we confirm your order.

Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to take payment for the relevant amounts when payments are due in accordance with this agreement.

We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.

You must contact us immediately with full details if you dispute any payment.

If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.

Discount codes

We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

Ending or suspending this contract

This contract automatically ends if your subscription expires without renewal.

You may at any time end this contract by closing your account in accordance with the applicable instructions on our Service. (This doesn’t entitle you to a refund.)

We are entitled at any time to end this contract at any time without giving reasons by email notice. If so, we will refund in full any fees already paid which relate to the period after termination.

We are entitled at any time to end this contract by email notice without refund if we terminate our Service as a whole.

We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose restrictions on our Service if:

  1. we have reason to believe that you have breached our terms and conditions;
  2. any fees due to us are unpaid / unjustifiably charged back;
  3. we think that it is necessary to protect us or others; or
  4. we are required to do so by law or appropriate authority.

There will be no refund.

If either of us ends this contract:

  1. Your right to use our Service and all licences are terminated.
  2. Existing rights and liabilities are unaffected.
  3. All clauses in this contract which are stated or intended to continue after termination will continue to apply.
  4. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.