Terms and Conditions

Introduction

Health and Care Videos is a trading name of Health and Care Innovations LLP (herein referred to as “the HCI” “we” “us” “our”). These terms and conditions together with the documents referred to in them (“Terms and Conditions”) set out the terms of use on which you may use our website (“Site”) and any of the content, material and services connected with the Site or requested or purchased or uploaded to the Site by you (“Material”). Please read these Terms and Conditions carefully before you start to use the Site. By entering our Site, you accept these Terms and Conditions and agree always to act in accordance with them. If you do not agree to these Terms and Conditions, please refrain from using our Site.

Ownership

The names, images and logos identifying Health and Care Videos or the NHS are the property marks of the HCI. The Material on this Site is subject to copyright protection (HCI) unless otherwise indicated. All rights in the Material that is made available via this Site or provided directly to you including, without limitation, the design and arrangement of such Material is owned, controlled or licensed by or to HCI and are protected by and subject to all applicable English or international intellectual property laws including copyright.

The licence to you

Subject to your compliance with these Terms and Conditions and your payment of any applicable sums under these Terms and Conditions, HCI grants you a limited, perpetual, non-exclusive, non-transferable licence to access and make use of any purchased Material with your own staff and clients in accordance with these Terms and Conditions. Where a time limited embed code is purchased the license will be limited to the term purchased.  All licences are limited to use for your staff and clients at a single postcode location.  Should an organisation with multiple locations or a group of organisations wish to purchase a license they will be required to purchase individual licences for each location. The licence does not include any right of resale or commercial use of the Material. The licence also does not provide you with any right to collect and use any content or material from the Site (including the Material) not directly purchased by you under these Terms and Conditions.

You may not reengineer, create derivative works, sell, rent, lease, lend, loan, distribute or sub-license any content or material from the Site (including the Material) other than in accordance with these Terms and Conditions and you may not otherwise assign in whole or in part any of your rights or obligations regarding such content or material without the prior written consent of HCI. If you are in breach of this provision, your right to use our Site and the Material will cease immediately; HCI may cease providing any Material to you; and you must, at our option, return or destroy any copies of the Material you have made. For the avoidance of doubt your rights to access and use the Material will automatically terminate without notice from us if you fail to comply with any of these Terms and Conditions.

Where any of HCI copyright items on this Site are being republished or copied to your own staff and clients, the source of the material must be identified and our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged by using the following wording: “© Health and Care Innovations LLP [insert year] All rights reserved.” (or similar wording in the case of identified contributors). The permission to reproduce HCI protected material does not extend to any material on this Site that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders.

Accessing and updating our Site

Access to our Site is permitted on a temporary basis and we reserve the right to withdraw, suspend or amend the material and services (including the Material) that we provide on our Site, including these Terms and Conditions at any time without notice. We will not be liable if for any reason our Site is unavailable at any time. We aim to update our Site regularly, and may change the content at any time. Any of the content on our Site (including the Material) may be out of date at any given time, and we are under no obligation to update such content. From time to time, we may restrict access to some parts of our Site or to our Site in its entirety to users, including those users who have registered with us.

You may be asked to register with us in order to gain access to the relevant parts of the Site. Upon registration, you will be provided with password details to access restricted parts of the Site.  The password is intended solely for your own use and should not be provided to anyone else outside your organisation.

You are responsible for making all arrangements necessary to enable you to have access to our Site. You are also responsible for ensuring that all persons who access our Site using your identity credentials are authorised to do so, are aware of these terms, and comply with such terms at all times. We have the right, at any time, to disable any identity credentials, whether chosen by you or allocated by us if in our opinion you have failed to comply with any of these terms of use.

Our Liability

All the Material available for purchase has been prepared by clinicians and practitioners and we aim to ensure that the information published on our Site is accurate and consistent with current knowledge, understanding and practice amongst clinicians and practitioners and within guidelines for legislation and practices around social inclusion. However HCI does not warrant or guarantee the applicability, accuracy or fitness of the Material for any particular purpose. We do not guarantee that our Site, or any content on it (including the Material), will be free from errors or omissions. The use of or reliance on any Site content and material (including the Material) is entirely at your own risk and it remains your responsibility to check that such content and material continues to be consistent with your own appropriate policies, is safe, suitable and fit for the purpose and audience you intend to use it with.

To the fullest extent permitted by applicable law HCI and third parties that are from time to time connected to us, hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  • any liability for any direct, indirect or consequential loss or damage (including  any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) incurred by you in connection with our Site (including the Material) or in connection with the use, inability to use, or results of the use of our Site (including the Material), any websites linked to it and any content posted on it.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Material supplied to the Site

If you supply any material or content (including the Material) to HCI and / or the Site you warrant: its freedom from any harmful content including computer viruses; its accuracy; the right to use it; and any intellectual property contained therein.  You hereby assigns to HCI absolutely with full title guarantee all your right, title and interest in and to any material or content (including the Material) that you supply to the Site; including without limitation: the right to store, manipulate and reuse such material or content for an indefinite period. You furthermore agree to indemnify HCI against all losses incurred by, awarded against or agreed to be paid by HCI (whether before or after the making of the demand pursuant to the indemnity hereunder) arising from any loss incurred by HCI, or third party claim or rights, pertaining to any material or content (including the Material) supplied by you. We will not be responsible, or liable to any third party, for the content or accuracy of any material (including the Material) posted by you or any other user of our Site. We have the right to remove any material (including the Material) or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

HCI has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site (including the Material) constitutes a violation of their intellectual property rights, or of their right to privacy.

Commissioning your own material

You agree to pay to HCI the agreed fees (“Fees”) for services and material (including the Material) commissioned by you through the Site. You also agree that such commissioned content, including the scripts and videos files and all intellectual property contained therein but excluding any registered trademarks, shall be vested absolutely in HCI and that HCI will have the right to resell such commissioned content in whole or part for use by other third parties including other Site users. You guarantee that any of the individuals who appear in any content commissioned and provided by you have waived any moral intellectual property rights and performing rights they may have.

In the unlikely event of a failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

Payment by you of the Fees shall be due at checkout when using the Paypal option or within 30 calendar days of the issue of an invoice by HCI for all other purchasing routes. The Fees due will include VAT at the prevailing rate where applicable and will be due in full and not subject to any withholding, prior demand, deduction, counterclaim or set off.  The Failure to pay any Fees by the due date will entitle HCI to charge interest at 4% above the Bank of England base rate per annum (calculated daily and compounded monthly) on the Fees due and suspend or withhold any service or license to use any material supplied (including the Material) until such time as the total Fees payable are received.

Prohibited uses

You may use our Site only for lawful purposes. You may not use our Site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm any person in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (please see below);
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material which is malicious or technologically harmful or which may adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of these Terms and Conditions;
  • not to access without authority, interfere with, damage or disrupt:

– any part of our Site;

– any equipment or network on which our Site is stored;

– any software used in the provision of our Site; or

– any equipment, network or software owned or used by any third party in connection with the Site.

Content standards

These content standards (the “standards”) apply to any and all material which you contribute to our Site (including the Material) and to any interactive services associated with our Site. You must comply with the spirit of the standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions from you must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions from you must not:

  • contain or promote any material which is defamatory of any person;
  • contain or promote any material which is obscene, offensive, hateful or inflammatory;
  • contain or promote sexually explicit material;
  • contain or promote violence;
  • contain or promote discrimination based on race, sex, religion, belief, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely or intended to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • be threatening, abuse or invade another’s privacy, or be likely or intended to cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass or alarm any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Privacy and Cookie Policies

These Terms and Conditions refer to the following additional policies, which also apply to your use of our Site: Privacy Policy and Cookie Policy: http://www.healthandcarevideos.com/privacy-and-cookie-policies/

This policy sets out information about the cookies on our Site and also the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Links

HCI is not responsible for the contents or reliability of the linked websites and does not necessarily endorse the views expressed within them.  Listing shall not be taken as endorsement of any kind.  We cannot guarantee that these links will work all of the time and we have no control over the availability of linked pages.

Viruses, hacking and other offences

You must not misuse our Site by introducing (whether knowingly or not) any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you could be committing a criminal offence under the Computer Misuse Act 1990 (as amended from time to time) and/or could be acting negligently, giving rise to a claim in the civil courts. We will report any potentially criminal acts to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of a suspected breach of this provision, your right to use our Site will cease immediately and we reserve the right to terminate your right to use our Site.

We will not be liable 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 our Site or to your downloading of any material posted on it (including the Material), or on any website linked to it.

Governing law and jurisdiction

These Terms and Conditions and any and all claims, disputes or proceedings of any kind (whether relating to contractual or non-contractual obligations) arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. Furthermore the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) that arises out of or in connection with these Terms and Conditions.

Severance

If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining Terms and Conditions.

Contact

HCI’s address for communication is: Health and Care Videos, Torbay and South Devon NHS Foundation Trust, Horizon Centre, Lowes Bridge, Torquay, Devon TQ2 7AA, United Kingdom

© Copyright 2016, Health and Care Innovations LLP. A company registered in England and Wales. Registered number: OC407372. Registered address: Horizon Centre, Lowes Bridge, Torquay, Devon TQ2 7AA, United Kingdom