1.1 These terms and conditions 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.
- Copyright notice
2.1 Copyright (c) 2019 MWY Limited.
2.2 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.
- Permission to use website
3.1 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 for your own personal and non-commercial use, providing that such printing is not systematic or excessive; and
(d) stream audio and video files from our website using the media player on our website,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal purposes; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) 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.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
- Misuse of website
4.1 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, accessibility, integrity or security 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) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) 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;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
4.2 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.
- Enquiries and leads
5.1 Our website includes enquiry forms and our contact details which you can use to enquire about health and medical services.
5.2 We may supply the information that you provide through your enquiry (including enquiries via the online forms, email and telephone) to third parties which offer the services you enquire about (referred to in this Section 5 as “service providers”).
5.3 We may earn a fee in respect of each lead that we provide to a service provider.
5.4 You acknowledge that:
(a) we do not vet service providers;
(b) we do not check, audit, monitor or control: the identity, credit worthiness or bona fides of service providers, the security of service provider websites, or the accuracy of the information published by service providers;
(c) we are not party to any contract for the sale or purchase of goods or services entered into between you and a service provider; and
(d) our website may contain information provided by service providers, and we do not check, audit or monitor the accuracy of that information,
and, accordingly, we will not be liable to you in relation to any loss or damage arising out of any use of a service provider website, any information provided by a service provider, any offer made by a service provider, or any contract with a service provider.
5.5 We are not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and we will have no obligation to mediate between the parties to any such contract.
5.6 The provisions of this Section 5 are subject to Section 9.1.
- Your content
6.1 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.
6.2 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. You grant to us the right to sub-license these rights and to bring an action for infringement of these rights.
6.3 You must ensure that your content is not illegal or unlawful, does not breach any applicable laws, and does not infringe the intellectual property rights or other legal rights of any person.
- Medical information disclaimer
7.1 Our website contains general medical information. The medical information is not advice and should not be treated as such.
7.2 The medical information on our website is provided without any representations or warranties, express or implied.
7.3 Without limiting the scope of Section 7.2, we do not warrant or represent that the medical information on this website:
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current or non-misleading.
7.4 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
7.5 If you think you may be suffering from any medical condition, you should seek immediate medical attention.
7.6 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
7.7 Our website includes interactive features that allow users to communicate with us. You acknowledge that, because of the limited nature of communication through our website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading. Any assistance you may receive using any our website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
- Limited warranties
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website will remain available.
8.2 We reserve the right to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment if we stop publishing the website.
8.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
9.1 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.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; 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.
9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.6 We will not be liable to you in respect of any loss or damage arising out of medical advice or information provided to you by the service providers or any third parties to whom we have referred you to, or for any loss or damage arising out of any reliance placed on any information on our website or on any website linked from our website.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8 You accept that we have an interest in limiting the personal liability of our officers, employees and other personnel 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 personnel 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).
10.1 You hereby indemnify us and undertake to keep us indemnified against any claims, liabilities, losses, costs and expenses (including legal expenses and amounts paid in settlement of claims) arising directly or indirectly out of:
(a) any advice or information provided by third parties to whom we have referred you to;
(b) the reliance placed by you on any information on our website or any information linked from our website;
(c) your use of our website generally; or
(d) any breach by you of any provision of these terms and conditions.
- Breaches of these terms and conditions
11.1 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; and/or
(f) commence legal action against you, whether for breach of contract or otherwise.
11.2 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.
- Third party websites
12.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
12.2 We have no control over third party websites and their contents, and subject to Section 9.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Trade marks
13.1 THEHEALTHEXPERTS, THEHEALTHEXPERTS.CO.UK, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
13.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
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.
15.1 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.
16.1 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.
- Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
18.1 Subject to Section 9.1, 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.
- 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.
- Our details
20.1 This website is owned and operated by MWY Limited.
20.2 We are registered in England and Wales under registration number 10174181, and our registered office is at Top Flat, 29 The Mall, Faversham, Kent, England, ME13 8JL.
20.3 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website; or
(d) by email, using the email address published on our website.