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Terms and Conditions

Last updated: October 2015

Definitions

This website ("website") is owned and operated by 365 Health and Wellbeing ltd. whose address is 12 Temple Street, Liverpool, Merseyside L2 5RH 5RA . The terms "365 Health and Wellbeing", "we", "us", "our" and "ours" mean 365 Health and Wellbeing Ltd, which includes, its parent, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of 365 Health and Wellbeing. The terms "you", "your" and "yours" when used in these Terms and Conditions mean any user of this website, whether as a guest or registered user.

Agreement

Please read these Terms and Conditions and the accompanying Privacy Policy carefully

Access to and use of this website and the information, materials, program and services available through this website are subject to these Terms and Conditions and to all other applicable laws and regulations. Access to and use of the information, and materials provided is not intended, and is prohibited, where such access or use violates all such applicable laws or regulations.

By accessing this website, you agree to these Terms and Conditions. If you do not agree, please exit this website.

These Terms and Conditions may be changed by us from time to time and we will post them on the website. Your use of this website is conditional on agreeing to the terms and conditions in force at the time.

Ownership

Unless otherwise indicated, this website and its design, text, content, organisation, graphics, logos, trademarks, compilation, magnetic translation, digital conversion and other matters related to this website are the property of 365 Health and Wellbeing ltd (or are included with the permission of the rights owner) and are protected by copyright and trademark laws and treaties around the world. Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this website, for your use as part of the personal therapy provided by this program. You may not modify the materials that you print or download in any way nor use any of the materials for business or professional use without the prior written permission of 365 Health and Wellbeing ltd UK Ltd.

Hyperlink disclaimer

This website may contain links to other websites provided by third parties A link to a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its content or use, or the use of products and services made available. If you decide to leave our website and access these other websites, you do so at your own risk and we accept no responsibility from them for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites. Whilst you are on these websites all rules, policies (including privacy policies) and operating procedures of these third party websites will apply to you.

Data protection consent

All Personal Data provided to us as a result of this website will be handled in accordance with our Privacy Policy.

By agreeing to these Terms and Conditions, you acknowledge you have read and understood the terms of our Privacy Policy and that you agree with it.

Use of Forum

The Beating the Blues 'Forum' enables you to communicate directly with other users of the program, clinical professionals and 365 Health and Wellbeing ltd moderators. As the material you post can be seen by all users of Beating the Blues, do not post any information which can be used to identify yourself, your family or others. 365 Health and Wellbeing ltd cannot be held responsible for any consequences arising from your posting of Personal Information on the Forum.

The Forum is not intended as a means of your seeking immediate help. If you need help you should contact your healthcare provider

The Forum is intended to help to communicate and share your experiences of Beating the Blues with other licensed users. To ensure that your and other users' use of the Forum is enjoyable and informative you agree only to post messages and material that are related to the Beating the Blues program and you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity).
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of the Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Restrict or inhibit any other user from using and enjoying the Forum.
  • Collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

365 Health and Wellbeing ltd has no obligation to monitor the use of the Forum. However, 365 Health and Wellbeing ltd reserves the right to review materials posted to the Forum and to edit refuse to post or remove any materials at its sole discretion. 365 Health and Wellbeing ltd reserves the right to terminate your access to the Forum at any time without notice for any reason whatsoever.

Postings by clinical professionals are not authorised 365 Health and Wellbeing ltd spokespersons, and their views do not necessarily reflect those of 365 Health and Wellbeing ltd.

By posting, uploading, inputting, providing or submitting material to the Forum you are granting 365 Health and Wellbeing ltd, its affiliated companies and necessary sublicensees permission to use your material in connection with the operation of their Beating the Blues business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your material.

No warranties

This site is provided n an "as is," "as available" basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, 365 Health and Wellbeing ltd, its affiliates, service providers and licensors disclaim all warranties, express, implied, statutory or otherwise. Without limiting the foregoing, 365 Health and Wellbeing ltd, its affiliates, service providers and licensors do not represent or warrant to you (a) all warranties of fitness for a particular purpose, (b) warranties relating to delays, interruptions, errors or omissions in the operation of this site or any part of it; (c) warranties relating to the transmission or delivery of this site or its availability at any particular time or location; (d) warranties relating to the use of this site or any information published on this site; and (e) warranties relating to websites to which the site is linked.

Exclusion of liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character (even if we have been advised of the possibility of such damages or losses) arising out of or in connection with the use, copying or display of this website or any website with which it is linked. While we operate our own virus protection procedures, you assume total responsibility for establishing such procedures for virus checking as you consider necessary. This is a comprehensive limitation of liability that applies to all losses and damages whatsoever, whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of 365 Health and Wellbeing ltd, its affiliates, service providers and licensors under such circumstances for liabilities that otherwise would have been limited, shall not exceed £100.

Your use of this site

You have been granted a personal, non-exclusive, non-transferable licence to access the Beating the Blues programme which will terminate upon one of the following events; 1)expiry of the term of your Beating the Blues providers licence, or your personal guest or your institutions guest or trial licence or 2)inappropriate or illegal use of our website.

You agree to use the website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

Entire understanding

These Terms and Conditions contain the entire understanding between you and us with respect to this website

Delays and force majeure

Whilst we will take all reasonable commercial actions to make our website and our programs available at all times, we reserve the right to suspend access to the whole or part of our website in order to modify, delete, edit, make repairs or upgrade our programs. Whilst we endeavour to ensure that any downtime is outside hours when the programme is normally expected to be used we cannot always ensure this. When appropriate your healthcare provider will inform you of any planned downtime so that you can adjust your use accordingly.

Law & Jurisdiction

The website is controlled by 365 Health and Wellbeing ltd from its offices within England. These terms and conditions are governed by the law of England and all actions or proceedings arising out of or relating to these Terms and Conditions, may be venued in England Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.

Contacting us

If you have any questions regarding these Terms and Conditions or any other consumer or technical matters, you should first contact your Beating the Blues provider. If they are unable to answer your questions, you may contact us by writing to 365 Health and Wellbeing ltd. 12 Temple Street, Liverpool, Merseyside L2 5RH 5RA, UK or by e-mailing us at support@365healthandwellbeing.co.uk. We will endeavour to respond promptly to all communications, but regret that we will be unable to answer medical enquiries that should properly be addressed to a qualified health practitioner.