Conditions of website use

Please read these terms and conditions carefully before using this website

These terms and conditions (together with any documents referred to in it) tell you the terms of use on which you may make use of our website (www.telmenow.com) and its contents (“Website”) (collectively the “Terms”).

Please read these Terms carefully before you start to use our Website. By using the Website, you agree that you have read and accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Website.

1. ABOUT US

1.1 The Website is operated by Protelhealth Limited ("Protelhealth"). We are registered in England and Wales under company number 08761079 and have our registered office at Protelhealth Limited, Stockport Business & Innovation Centre, Broadstone Mill, Broadstone Road, Stockport, SK5 7DL. Our VAT number is GB 190796566.

2. ACCESSING THE WEBSITE

2.1 Our Website is made available free of charge. Access to the Website is permitted on a temporary basis and we reserve the right to suspend, withdraw, discontinue or amend all or any part of the Website without notice.

2.2 You are responsible for making all arrangements necessary for you to have access to the Website (including obtaining and maintaining internet connection, computer hardware and other equipment needed to access the Website) and you shall bear the costs associated with the same. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

2.3 The terms of our privacy policy (“Privacy Policy”) are incorporated into these Terms by reference and apply to the Website. Additionally, by using the Website you acknowledge and agree that internet transmissions are never completely secure. You understand that any message or information you send using the Website may be read or intercepted, even if there is a special notice that a particular transmission is encrypted.

2.4 Whilst we use reasonable endeavours to maintain the security of the Website and to ensure that the Website is error free and up-to-date, you acknowledge that the Website, may be subject to breaches of security and other technical issues. Therefore, we do not represent or warrant that the Website and/or the features on it will be uninterrupted, error-free, up-to-date and/or free from breaches of security.

2.5 By accessing and using the Website, you confirm that all necessary firewall, anti-virus, data backup and other security software is installed and operational on the device(s) from which you access the Website and is up-to-date.

2.6 Access to certain parts of the Website may require access details, codes, passwords and/or other information to be provided by us in order for you to be able to access and/or use such items (“Log-In Details”). You must treat your Log-In details as confidential and you must not disclose these to any third party unless agreed by us in writing. You are responsible for all activities that take place using your unique Log-In Details and agree to notify us immediately if you believe there has been unauthorised use of your Log-In Details.

2.7 We may disable any user Log-In Details at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

2.8 Any words in these Terms following the terms includingincludein particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You acknowledge and agree that we are the owner or the licensee of all intellectual property rights in the Website and in the content published on it.

3.2 In respect of Protelhealth’s material on the Website, you may print off one copy, and may download extracts, of any page(s) from the Website for your non-commercial use only. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged. Where any material available on the Website is identified as belonging to a third party and/or is contained within a link to any third party site authorisation to print, download and/or make use of any such material must be obtained directly by you from the relevant third party.

3.3 You must not:

3.3.1 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; nor

3.3.2 use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

3.4 If you print off, copy, use or download any part of the Website in breach of these Terms your right to use the Website will cease immediately and you must, at our option, return, delete or destroy any copies of the content you have made and on request certify to us that you have complied with this section.

4. USING OUR WEBSITE AND ITS CONTENTS

4.1 You may only use the Website for lawful purposes. You must not use the Website:

4.1.1 in any way that breaches any applicable law or regulation;

4.1.2 in any way that is unlawful or fraudulent, or has such a purpose or effect;

4.1.3 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as "spam"); or

4.1.4 to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware.

4.2 You also agree:

4.2.1 not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Terms;

4.2.2 not to access without authority, interfere with, damage or disrupt:

(a) any part of the Website;

(b) any equipment or network on which the Website is stored;

(c) any software used in the provision of the Website; and/or

(d) any equipment or network or software owned or used by any third party.

4.3 You may link any page of the Website, provided that you do so from a website owned by you and in a way that is fair and legal and does not damage our reputation or take advantage of it or in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part. However, we reserve the right to withdraw linking permission without notice for any reason whatsoever.

5. CONTENT STANDARDS

5.1 These content standards apply to any and all material which you contribute to our Website (“Contributions”) (where applicable). You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.

5.2 Contributions must:

5.2.1 be accurate (where they state facts);

5.2.2 be genuinely held (where they state opinions); and

5.2.3 comply with applicable law in the UK and in any country from which they are posted (if applicable).

5.3 Contributions must not:

5.3.1 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

5.3.2 promote sexually explicit material, violence, any illegal activity, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.3.3 infringe any copyright, database right or trade mark of any other person nor be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.3.4 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety, nor be likely to harass, upset, embarrass, alarm or annoy any other person; or

5.3.5 be likely to deceive any person, nor be used to impersonate any person, or to misrepresent your identity or affiliation with any person, nor give the impression that they emanate from us, if this is not the case.

5.4 Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

5.5 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

5.6 We have the right to edit, reject or remove any material or posting you make on our Website for any reason including in particular (without limitation) if, in our opinion, such material does not comply with the content standards. Where in our reasonable opinion any offending contribution by you cannot be removed, or where you have repeatedly supplied or inputted offending contributions, we may, in our sole discretion suspend your access to the Website.

6. LIMITATIONS ON LIABILITY

6.1 Our liability to you is limited as set out in the Terms.

6.2 You expressly agree that use of the Website is at your sole risk and that any content on the Website is provided on an "as is" and "as available" basis. The content on the Website is made available for you to select or disregard as you see fit, it does not constitute advice. Where the Website content contains opinions or recommendations, we shall not be liable on account of the accuracy or otherwise of such opinions and recommendations.

6.3 We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

6.4 We will not be liable to you if for any reason the Website is unavailable at any time or for any period. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof.

6.5 The Website may contain links to other independent third-party websites (“Third-Party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content, their privacy policies and/or any other terms of use associated with any such Third-Party Sites. You will need to make your own independent judgement regarding your interaction with any Third-Party Sites, including the purchase and use of any products or services accessible through them. Accordingly, we will not be a party to or in any way be responsible for any transaction that may occur between you and such third parties.

6.6 To the extent permitted by law, we expressly exclude:

6.6.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

6.6.2 any liability as to the accuracy or completeness of the content provided on or via the Website and we assume no liability or responsibility for any errors, omissions or inaccuracies of content or submissions;

6.6.3 any liability and responsibility arising from any reliance placed on the content on the Website by any user of the Website or by anyone who may be informed of its content;

6.6.4 any liability for any direct, indirect or consequential loss or damage incurred by any user arising out of or in connection with the Website including:

(a)loss of income or revenue;

(b)loss of business, business interruption and/or business opportunity;

(c)loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data; and/or

(f) loss of goodwill;

whether caused by tort (including negligence), breach of contract or otherwise.

6.7 Nothing in these Terms shall limit or exclude our liability for:

6.7.1 death or personal injury resulting from our negligence;

6.7.2 fraud or fraudulent misrepresentation; and/or

6.7.3 any other liability that cannot be excluded or limited by English law.

7. INDEMNITY

7.1 You agree to defend, indemnify and hold us harmless on demand, from and against any and all actions, causes of action, claims, damages, obligations, losses, liabilities, costs, fines and/ or penalties  and expenses (including but not limited to professional fees) arising directly or indirectly in each case whether the same arises during or after your use of the Website from: (i) your use of and access to the Website; (ii) your breach of any term of these Terms; and/or (iii) your breach of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms and your use of the Website.

8. PRIVACY POLICY

8.1 We are committed to protecting and respecting your privacy. Any information which we obtain from you, or provided by you via the Website will be processed in accordance with our Privacy Policy available here and the terms of our Privacy Policy are incorporated into these Terms as set out in clause 2.3.

9. GENERAL

9.1 The Terms set out the entire agreement between you and Us relating to your use of our Website.

9.2We may revise the Terms at any time by amending this page. By using the Website after any amendments have been made to the Terms you agree to be bound by any such revised Terms.

9.3 A person who is not a party to these Terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms.

9.4 If for any reason any part of these Terms is deemed unenforceable by a competent authority, then that part of the Terms will be deleted and this will not affect the validity or enforceability of the remaining Terms.

9.5 Any waiver by us of a breach of these Terms shall not be deemed to be a waiver of any subsequent breach of any provision.

9.6 The construction, validity and performance of these Terms, are governed by English law. You  agree that the courts of England will have exclusive jurisdiction over any claim arising out of or in connection with these Terms.

10. CONTACT US

10.1 If you have any queries at all regarding the Website or these Terms, please do not hesitate to contact us via e-mail at [email protected] or via post at Protelhealth Limited, Broadstone Mill, Broadstone Road, Stockport, SK5 7DL and we will be more than happy to assist you.