Terms of use of the website

Welcome to our Website. These Terms of Use (together with the documents referred to on it) govern your access to and use of the website found at the URL: http://www.makesahealthychange.com ("the Site").

By accessing and using the Site, you agree to be bound by these terms of use, which together with our privacy policy govern First Contact Clinical's relationship with you in relation to this website. If you do not agree with any part of these terms, please do not use the Site.

1 Information About Us

"we" "our" and "us" means First Contact Clinical of TEDCO Business Works, Henry Robson Way, Station Road, South Shields, NE33 1RF.

"you" and "your" means the person, company, or other organisation accessing and using the Site.

2 Your Account

2.1 You agree to only access and use the Site in accordance with these Terms of Use and in accordance with and subject at all times to all applicable laws and regulations subsisting anywhere in the world.

2.2 If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.

2.3 You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

2.4 Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the "My Details" area of the Site.

2.5 We reserve the right to refuse access to the Site, disable any password and terminate your account, or remove or edit content, at our discretion.

3 Access to the Site

3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.

3.2 Access to the Site may be suspended temporarily and for any period of time without notice in the case of a system failure or maintenance or repair. We reserve the right to vary, suspend or cease to make available any part of the Site for any reason whatsoever.

4 Intellectual Property

4.1 We grant you a non-exclusive licence to access and make personal use of this Site. The Site or any part thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose (other than the provision of lifestyle advice and assistance) without our express written consent.

4.2 All contents on this Site (including text, graphics, software and any other material) are protected by copyright, trademarks and other intellectual property rights which are owned by us or our licensors. You agree that you will not copy, reproduce, re-publish, modify, upload, transmit, sell, lease, loan, licence, sub-licence or distribute any material, by any means or in any manner, on or downloaded from the Site without our prior written consent. You agree to comply with all copyright notices, information or restrictions contained in any information accessed through this Site.

5 Links to and from other Websites

5.1 Links to third party websites on the Site are provided solely for your convenience. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about external websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

5.2 If you would like to link to the Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:

5.2.1 you do not remove, distort or otherwise alter the size or appearance of our logo;

5.2.2 you do not create a frame or any other browser or border environment around the Site;

5.2.3 you do not in any way imply that we endorse any products or services other than our own;

5.2.4 you do not misrepresent your relationship with us and do not present any other false information about us;

5.2.5 you do not use any trade marks displayed on the Site without our express written permission;

5.2.6 you do not link from any website that is not owned by you; and

5.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations.

5.3 We expressly reserve the right to revoke the right to link to the website granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.

5.4 You shall indemnify and keep us fully indemnified against any and all liability costs damages loss expenses (including legal and other professional costs and expenses) whether direct or consequential arising out of any dispute or contractual tortious or other claims or proceedings brought against us by a third party claiming relief against us by reason of any breach of clause 5.2.

6 Uploading Material

6.1 Any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. You hereby agree, by submitting any material, to grant us a perpetual, royalty-free, non-exclusive licence to use, copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

6.2 Provided that you are aged 17 or over you can transmit, display or post any contribution to bulletin boards, chat rooms or other public areas within, or in connection with, the Site you are prohibited from posting or transmitting to or from the Site any material:

6.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

6.2.2 for which you have not obtained all necessary licences and/or approvals;

6.2.3 which constitutes or encourages conduct that is considered a criminal offence, gives rise to civil liability, or is otherwise contrary to the law or infringes the rights of any third party, in any country in the world;

6.2.4 which is technically harmful including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;

6.2.5 is not your own original work.

6.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

6.4 You shall indemnify and keep us fully indemnified against any and all liability costs damages loss expenses (including legal and other professional costs and expenses) whether direct or consequential arising out of any dispute or contractual tortious or other claims or proceedings brought against us by a third party claiming relief against us by reason of the use of any material posted by you on the Site.

6.5 We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in discussion forums or elsewhere on the Site. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent our views.

7 Privacy

7.1 We are fully committed to ensuring compliance with the Data Protection Act 1998 and only keep information about Site users that is required to register your account and provide an appropriate informative service.

7.2 You have a right to view, amend and delete any of your personal data that may be retained by us. If you wish to do so, please contact us by email at [scip@firstcontactclinical.co.uk] or at our address as stated above.

7.3 We may share visitor trends and other generic information collected on this Site with third parties but will not pass on any personal details or personally identifiable information without your specific consent.

7.4 For more information about how we deal with your personal data please read our Privacy Policy.

8 Force Majeure

We shall not be liable for any claim resulting from a cause beyond our control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, terrorism, or governmental restrictions.

9 Disclaimers

9.1 Whilst every effort is made to ensure the accuracy of any information given on this Site, we cannot be held responsible for any errors or omissions and accept no liability or responsibility whatsoever for any loss or damage suffered by any user of the information contained in this Site or the material downloaded from it.

9.2 The materials on this Site are provided "as is" without any conditions, warranties or other terms of any kind. To the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this agreement might have effect in relation to this Site.

9.3 Unless otherwise clearly states, we do not endorse any products or services referenced on this Site and links from this Site should not be taken as an endorsement of any kind.

9.4 Unless otherwise specified, the materials on this Site are directed solely at those who access this Site from the United Kingdom. We make no representation that any information, product or service referred to in the materials on this Site are appropriate for use, or available, in other locations. Those who choose to access this Site from other locations are responsible for compliance with local laws and regulations.

9.5 Lifestyle resources and training aids wrongly used can be potentially hazardous. It is your own responsibility to learn and understand the proper techniques associated with the safe use of such materials and to fully accept and assume all risks, damages, injury or death which may result from the use of the information posted on this Site.

9.6 We may make changes to the material on the Site at any time without notice. The material on the Site may be out of date, and we make no commitment to update such material.

9.7 We shall have no liability to you for any direct, indirect or consequential loss or damage whether arising in contract, tort or otherwise, including, without limitation any:

9.7.1 consequential losses (including loss of profits, anticipated profits and/or damage to goodwill) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring the same;

9.7.2 economic and/or other similar losses;

9.7.3 loss of data arising out of or in connection with the viewing, use or performance of our Site or its contents

9.7.4 special damages and indirect losses; and/or

9.7.5 business interruption, loss of business, contracts and/or opportunity.

9.8 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

9.9 These exclusions of liability will not apply to any damages arising from death or personal injury caused by our negligence (as defined by the Unfair Contract Terms Act 1977) or that of our employees or agents, or caused by fraud or fraudulent misrepresentation or any liability which cannot be excluded or limited under applicable law.

9 Indemnity

You agree to indemnify and hold us and our affiliates harmless from and against any and all claims, proceedings, damages, injuries, losses, costs and expenses relating to or arising from your use of the Site or any breach by you of these terms of use.

10 Revisions to the Terms of Use

We may revise the terms of use at any time by altering this posting. Therefore you are advised to check these terms regularly to confirm you are willing to continue to be bound by them.

11 Severability

If any part of these terms is determined to be invalid or unenforceable that will not affect the viability and enforceability of any remaining condition.

12 Waiver

Any failure by us to exercise or enforce any rights under these terms shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

13 Term and Termination

These terms will take effect at the time you begin using the Site (thereby indicating acceptance of these terms). We reserve the right at any time and for any reason to deny you access to the Site or any part of it and to terminate this agreement. Termination will be effective without notice.

14 Entire Agreement

Save in case of fraudulent misrepresentation, these terms set out the whole of the agreement between you and us relating to use of and access to the Site. They may not be varied by you at any time.

15 Governing Law & Jurisdiction

These terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.