Terms and Conditions of Use
1. General Terms & Conditions
1.1.These terms and conditions ("Terms"), together with any documents referred to, apply to your use of the website located at www.wirralwell.org ("WirralWell"), whether as a user, guest or other visitor (in each case a “User”) or as a a Service Provider.
1.2. For the purposes of these Terms “use” of WirralWell includes accessing, browsing, registering to use, or using the services offered via WirralWell (or attempting to do any of the aforesaid activities).
1.3. Please read these Terms of use carefully before you start to use WirralWell, as these will apply to and will govern your use of WirralWell. We recommend that you print a copy of these Terms for future reference.
1.4 BY USING WIRRALWELL, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM AND ANY OTHER TERMS AND POLICIES REFERRED TO WITHIN THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE WIRRALWELL.
1.5.These Terms apply in addition to the Privacy Policy, and Cookie Policy, save that in the case of conflict with these Terms, these Terms will prevail.
1.6. The use of WirralWell by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use WirralWell that they communicate with their children about their safety online, ensure that they are made aware of the potential risks to them and supervise their use of WirralWell.
2. Nature of WirralWell
2.1. WirralWell is a website operated by Voluntary and Community Action Wirral (“we” and/or “us”). Voluntary and Community Action Wirral is a company limited by guarantee registered in the United Kingdom with registration no 06276431 whose registered office is at 224 Liscard Road, Wallasey, Merseyside CH44 5TN and a registered charity (no. 1123267).
2.2. WirralWell is an online information resource for wellbeing, health and social care services which are accessible by residents of the Metropolitan Borough of Wirral ("Wellbeing Services"). WirralWell allows providers of Wellbeing Services ("Service Providers") who register via WirralWell to provide information about and promote Wellbeing Services to health & social care commissioners, intermediaries and members of the public. Users of WirralWell may also use WirralWell to provide feedback on these Wellbeing Services.
2.3. Service Providers are advised to refer to the Guidance Notes for Service Providers for an overview of the range of services offered to Service Providers via WirralWell.
2.4. For the avoidance of doubt, we do not provide the Wellbeing Services which are listed on WirralWell and we do not and will not check their fitness for purpose, effectiveness, quality, legality or safety. The listing of a Wellbeing Service on WirralWell therefore does not imply or constitute any warranty by us as to fitness for purpose, effectiveness, quality, legality or safety of the Wellbeing Services. Accordingly, the listing of Wellbeing Services on WirralWell should not be construed or implied as a recommendation or endorsement of or connection with the Wellbeing Services and the respective Service Providers.
3. Contributions and Content Standards
3.1. By accessing and/or using WirralWell, whether as User or as a Service Provider, you agree, warrant and represent that any and all material (including, but not limited to Wellbeing Service Listings, Feedback, Feedback Responses or other data, text, photographs, graphics and video) which you contribute, list, post or upload to WirralWell and to any interactive services associated with it (“Contributions”) will comply with the following content standards set out in this clause 3.1 (“Content Standards”):
3.1.1.Contributions must:
3.1.1.1. be accurate (where they state facts);
3.1.1.2. be honest and genuinely held (where they state opinions); and
3.1.1.3. comply with applicable law in the UK.
3.1.2. Contributions must not:
3.1.2.1. contain any material which is defamatory of any person;
3.1.2.2. contain or promote any material which is obscene, offensive, hateful or inflammatory;
3.1.2.3. contain or promote “adult" content (including anything we reasonably believe would be inappropriate for Users under the age of 16 because of references to sex, violence, drug-use or obscene language);
3.1.2.4. promote violence;
3.1.2.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.1.2.6. infringe any copyright, database right, trade mark or any other intellectual property rights of any third party;
3.1.2.7. be likely to deceive any person;
3.1.2.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
3.1.2.9. advocate, promote or assist any unlawful or illegal activity;
3.1.2.10. be threatening, or abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
3.1.2.11. be likely to harass, upset, embarrass, alarm or annoy any other person;
3.1.2.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
3.1.2.13. give the impression that they emanate from us, if this is not the case;
3.1.2.14. be used to “spam” Users or Service Providers or send unsolicited commercial communications or harvest personal data about them (including email addresses) or the purposes of data mining or scraping; or
3.1.2.15. promote gambling or any raffle, lottery or other promotional offer (except, in the case of Service Providers, where this relates to their Wellbeing Service).
3.2. In addition, Users and Service Providers must not send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
3.3. Users and Service Providers must comply with the spirit of the Content Standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.
3.4. Whenever you make use of a feature that allows you to upload material to WirralWell, or to make contact with Service Providers or other Users of WirralWell, you must comply with the Content Standards.
3.5. You must not misuse WirralWell by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to WirralWell, the server on which WirralWell is stored or any server, computer or database connected to WirralWell. You must not attack WirralWell via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use WirralWell will cease immediately.
4. Additional terms for Users of WirralWell
4.1. This clause 4 applies to you if you are a User of WirralWell.
4.2. You may use WirralWell to provide written feedback about the nature and quality of the Wellbeing Services featured on WirralWell (“Feedback”), provided that:
4.2.1. such Feedback is in accordance with clause 3;
4.2.2. you have used and/or experienced first hand the relevant Wellbeing Service; and
4.2.3. you have sought to fully resolve any dispute relating to the Wellbeing Service and/or the relevant Service Provider directly with the Service Provider.
4.3. The relevant Service Provider will be notified by e-mail that Feedback relating to their Wellbeing Service has been posted. The Service Provider will then have the option to submit a Feedback Response.
4.4. You will always remain the owner of any Feedback which you create on, or upload or post to, WirralWell. However, we need to have the right to use your Feedback in certain ways to operate and promote WirralWell. Accordingly, you grant us an irrevocable, perpetual, royalty free licence to use, reproduce, publish, create, modify, amend, reformat, create derivative works from and display any Feedback which you create on, or post or upload to, WirralWell in our absolute discretion for all purposes reasonably necessary and in any manner, form and/or medium whatsoever to:
4.4.1. allow us to operate, promote and advertise WirralWell and Voluntary and Community Action Wirral (including, but not limited to reproducing it on other sites and blogs (subject to ensuring that it is attributed to you);
4.4.2. share it (but not your personal data) with other providers of similar services;
4.4.3. correct spelling, grammar or formatting in order to ensure that content on WirralWell is professional and consistent in appearance;
4.4.4. ensure compliance with the Content Standards; and
4.4.5. allow the efficient operation of WirralWell (including, but not limited to the addition of keywords, tags and category information).
4.5. Any contract, agreement or arrangement for the provision of any Wellbeing Services which you enter into (whether as a result of identifying the Wellbeing Services through WirralWell or otherwise) will be made between you and the relevant Service Provider and we will not be party to it. The Service Provider is responsible for provision of the relevant Wellbeing Services and any issues or problems with such Wellbeing Services should be directed to the relevant Service Provider.
4.6. You (and any person who you refer to a Wellbeing Service) should always consult your/their medical practitioner and other relevant healthcare professionals before using any Wellbeing Service or if you/they believe that you/they may have a medical issue which you/they seek to address by using a Wellbeing Service.
5. Additional terms and obligations for Service Providers
5.1. This clause 5 applies to you if you are a Service Provider.
5.2. In order to list information about and to promote your Wellbeing Services, your details must be registered with us and you must be granted an online account “Service Provider Account” by us. You are advised to refer to the Guidance Notes for Service Providers for technical guidance relating to the registration process.
5.3. By applying and/or registering for a Service Provider Account, you confirm, warrant and represent that you have provided full, complete and accurate information. In the event that you provide incomplete and/or inaccurate information, we reserve the right to complete your registration details on your behalf using information available to us in relation to you and your Wellbeing Service.
5.4. We are under no obligation to accept applications for Service Provider Accounts and we reserve the right, in our absolute discretion, for any reason whatsoever and without liability, to refuse to provide a Service Provider Account to you.
5.5. You may only apply for a Service Provider Account if you are authorised to accept these Terms on behalf of the relevant Service Provider. By submitting such an application, you confirm that you have sought necessary approval from the Service Provider and that you have the authority and intention to legally bind the Service Provider.
5.6. If you have been granted a Service Provider Account, you may create, upload or post data, text, photographs, graphics, video and other materials promoting Wellbeing Services (“Wellbeing Service Listings”) via WirralWell.
5.7. Where you have not created a Wellbeing Service Listing, or where we consider your Wellbeing Service Listing to be incomplete, we may draft or amend the Wellbeing Service Listing based on information available to us in relation to you and your Wellbeing Service. Where this is the case, we will send you our suggested Wellbeing Service Listing by e-mail for your approval. You agree that, unless we hear from you to the contrary within five working days of the e-mail, we will assume that you approve of and accept the Wellbeing Service Listing and you agree that this will be published on WirralWell.
5.8. Following registration, you will be sent a unique username and password to access your Service Provider Account and will have the option to amend your password at any time. You must treat such information as confidential, and must not disclose it to any third party. If you know or have reason to suspect that someone else knows your password you should change it immediately and notify us at wirralwell@vcawirral.org.uk We have the right to disable any username or password, whether chosen by you or allocated by us, or suspend your Service Provider Account at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
5.9. You agree, represent and warrant that:
5.9.1. you will only offer or promote Wellbeing Services on WirralWell which promote wellbeing (in its broadest sense), health care or social care services;
5.9.2. you will only offer Wellbeing Services which can be accessed by residents of the Metropolitan Borough of Wirral;
5.9.3. your provision of the Wellbeing Service is permitted by law in the United Kingdom and is not subject to any restrictions;
5.9.4. to the best of your knowledge and belief the Wellbeing Service is safe and effective and complies with all relevant safety and regulatory standards;
5.9.5. you are registered with and/or approved by any relevant governing or professional body which regulates the type of Wellbeing Service(s) you are to provide;
5.9.6. you have in place public liability insurance with a limit of indemnity not less than that usually carried by providers of similar Wellbeing Services;
5.9.7. the Wellbeing Service Listing and the provision of the Wellbeing Service does not infringe and is not likely to infringe the Intellectual property rights of any third party and does not constitute a breach of confidence, passing off or actionable act of unfair competition; and
5.9.8. you will comply with all laws and regulations which apply to any Wellbeing Service listed by you on WirralWell including:
5.9.8.1. the Consumer Protection (Distance Selling) Regulations 2000 (including providing the information required by regulation 7(1)(a)(i) and any relevant cooling-off period);
5.9.8.2. the General Product Safety Regulations 2005;
5.9.8.3. section 2(3) of the Consumer Protection Act 1987; and
5.9.8.4. any specific laws, regulations or safety standards in relation to the type of Wellbeing Service offered.
5.10. You will be notified by e-mail when Feedback relating to your Wellbeing Service has been posted. You will have the right to respond to any Feedback relating to your Wellbeing Services by posting a response electronically via WirralWell (“Feedback Response”), provided that such a Feedback Response is in accordance with clause 3.
5.11. You must keep your details up to date so we can keep in touch with you. If we are unable to contact you due to outdated, inaccurate or incomplete information, we reserve the right to suspend or terminate your Service Provider Account.
5.12. You will always remain the owner of any Wellbeing Service Listings and Feedback Reponses which you create on, or upload or post to, WirralWell. However, we need to have the right to use your Wellbeing Service Listings and Feedback Responses in certain ways to operate and promote WirralWell. Accordingly, you grant us an irrevocable, perpetual, royalty free licence to use, reproduce, publish, create, modify, amend, reformat, create derivative works from and display any Wellbeing Service Listings and Feedback Responses which you create on, or post or upload to, WirralWell in our absolute discretion for all purposes reasonably necessary and in any manner, form and/or medium whatsoever to;
5.12.1. allow us to operate, promote and advertise WirralWell and Voluntary and Community Action Wirral (including, but not limited to reproducing it on other sites and blogs (subject to ensuring that it is attributed to you);
5.12.2. correct spelling, grammar or formatting in order to ensure that content on WirralWell is professional and consistent in appearance;
5.12.3. ensure compliance with the Content Standards; and
5.12.4. allow the efficient operation of WirralWell (including, but not limited to the addition of keywords, tags and category information).
6. Moderation and content removal
6.1. The views and opinions expressed by contributors to WirralWell are those of the individual authors of such Contributions and do not necessarily reflect the views and opinions held by us.
6.2. All Feedback is the sole responsibility of the User who creates, or uploads or posts such Feedback to WirralWell.
6.3. All Wellbeing Service Listings and Feedback Responses are the sole responsibility of the Service Provider who creates on, or uploads or posts the same to WirralWell.
6.4. In order to allow for free, open, transparent and unbiased use of WirralWell by Users and Service Providers, we do not actively monitor or moderate Feedback and/or Feedback Responses created on, uploaded to or posted on WirralWell. Accordingly, by using WirralWell, Users and Service Providers acknowledge, accept and agree that we:
6.4.1. are not responsible for and do not act as a publisher or editor of Feedback, Feedback Responses or Wellbeing Service Listings;
6.4.2. merely act as a conduit for the Feedback of Users and the Feedback Responses and Wellbeing Service Listings of Service Providers;
6.4.3. cannot guarantee that Feedback, Feedback Responses or Wellbeing Service Listings will not be misleading or deceptive or capable of harming your computer software or hardware; and
6.4.4. cannot and do not accept responsibility or liability for any loss, damage or harm you suffer as a result of your access to, use of any Feedback, Feedback Responses or Wellbeing Service Listings or otherwise arising from or connected with the appearance of any Feedback or Wellbeing Service Listings on WirralWell.
6.5. To ensure that WirralWell remains a safe and secure environment, Users and Service Providers may use the “Report Abuse” feature located on the relevant pages of WirralWell in order to report and/or notify us of any Feedback or Feedback Response which does not comply with the Content Standards.
6.6. The “Report Abuse” feature is not intended, and should not be used, to seek to remove negative or unfavourable Feedback relating to a Service Provider and/or their Wellbeing Service which nevertheless complies with the Content Standards. Service Providers should use the Feedback Response feature to respond to negative or unfavourable Feedback.
6.7. If the “Report Abuse” feature is used, we will use reasonable endeavours to remove the relevant Feedback and/or Feedback Response (and any other Feedback and/or Feedback Response relating to the same) within a reasonable timeframe. Unless, within reasonable a time frame specified by us, the relevant complainant provides a full explanation as to why the Feedback or Feedback Response does not comply with the Content Standards and unless we agree (in our absolute discretion) that such Feedback or Feedback Response may not comply with the Content Standards, we reserve the right to reinstate the Feedback or Feedback Response (and any other Feedback and/or Feedback Response relating to the same) on WirralWell.
6.8. Where a Feedback or Feedback Response is removed due to use of the “Report Abuse” feature, we reserve the right to, but are under no obligation to, contact the author of the Feedback and/or Feedback Response to:
6.8.1. notify the individual of the complaint;
6.8.2. inform the individual about the details of the complaint;
6.8.3. seek the views of the individual about the complaint (including whether its views as to whether the Feedback or Feedback Response breaches the Content Standards); and/or
6.8.4. to suggest that the author contacts the complainant directly where there appears to be an unresolved dispute or complaint relating to the relevant Wellbeing Service.
6.9. If we, in our absolute discretion, consider that you have misused or abused the “Report Abuse” feature and/or if you have used the “Report Abuse” feature on three or more occasions on which the relevant Feedback or Feedback Response was determined by us to comply with the Content Standards, we may suspend or cancel your use of and/or access to WirralWell (which, in the case of a Service Provider, includes a suspension of your Service Provider Account) without liability.
7. Suspending or cancelling your access to WirralWell
7.1. We may suspend or cancel your use of and/or access to WirralWell (which, in the case of a Service Provider, this includes a suspension of their Service Provider Account) without liability if we reasonably believe that you have not and/or are not complying with these Terms. In such a case we reserve the right to remove and delete any Feedback, Feedback Response and/or Wellbeing Service Listing which you have created, uploaded or posted to WirralWell and/or which otherwise relates to you.
7.2. Service Providers can delete their Service Provider Accounts at any time by using the "Delete my Account" function.
8. Intellectual Property
8.1. The content of WirralWell is protected by copyright, trade marks, database rights and other intellectual property rights. We are the owner or the licensee of all intellectual property rights in WirralWell, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2. You may retrieve and display the content of WirralWell on a computer screen, mobile telephone or other electronic device, store it in electronic form for the purpose of using WirralWell or print one copy for your own personal, non-commercial use, provided you keep intact any copyright and proprietary notices.
8.3. You may not reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on WirralWell without our written permission except as allowed under clause 8.2 of these Terms.
8.4. Our status (and that of any identified contributors) as the authors of material on WirralWell must always be acknowledged.
9. Indemnity
By using WirralWell, you agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
9.1. any breach of the warranties contained in these Terms;
9.2. any breach or negligent performance or non-performance of your obligations under these Terms; and/or
9.3. the enforcement of these Terms;
10. Our liability
10.1. WirralWell is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to WirralWell including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
10.2. We will use reasonable endeavours to verify the accuracy of any information which we provide on WirralWell but, we make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of WirralWell or that it will be timely or error-free or that WirralWell or the server that makes it available are free of viruses or bugs.
10.3. To the extent permitted by law, we, and third parties connected to us, hereby expressly exclude:
10.3.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
10.3.2. 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 WirralWell or to your downloading of any material posted on it, or on any website linked to it; and
10.3.3. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with WirralWell or in connection with the use, inability to use, or results of the use of WirralWell, any websites linked to it and any materials posted on it, including:
10.3.3.1. loss of income or revenue;
10.3.3.2.loss of business;
10.3.3.3. loss of profits or contracts;
10.3.3.4. loss of anticipated savings;
10.3.3.5. loss of data;
10.3.3.6. loss of goodwill; and/or
10.3.3.7. wasted management or office time;
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.4. Notwithstanding the previous provisions of this clause 10 our entire liability to you or to any other party is limited to £100. You agree that as WirralWell is provided on a free to use basis this limitation of liability is necessary, appropriate and reasonable in order to allow us to operate the site.
10.5. You agree, warrant and represent that you will use your best endeavours to fully pursue any related claim that you may have against a User, Service Provider or any other third party (whether as a result of their use of WirralWell or any matter arising from the listing or provision of Wellbeing Services) against that party directly and without recourse to us, prior to bringing any claim against us.
10.6. This clause 10 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.
11. Availability of WirralWell
We aim to offer you the best service possible, but we cannot promise that the services at WirralWell will meet your requirements or that WirralWell will be available at all times and/or will be fault-free. Your access to WirralWell may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. If a fault occurs with WirralWell you should report it to support@wirralwell.org and we will try to fix it as soon as we can.
12. Links to and from WirralWell
12.1. You may link to the homepage of WirralWell from a website owned by you provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not link in a way (including the anchor text of any link) which suggests any approval on our part or association with WirralWell. We reserve the right to withdraw linking permission without notice for any reason whatsoever.
12.2. As a convenience to you, WirralWell may include links to other web sites or material which are beyond our control. We are not responsible for content on any site outside WirralWell.
13. General
13.1. WirralWell may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on WirralWell complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in such advertising and sponsorship material.
13.2. We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of WirralWell. Any changes will be notified to you using the e-mail address provided by you on registration, by a suitable announcement on WirralWell or by another form of direct notification to you. The changes will apply to the use of WirralWell immediately upon giving you notice. If you do not wish to accept the new Terms you should not continue to use WirralWell. If you continue to use WirralWell after the date on which the change comes into effect, your use of WirralWell indicates your agreement to be bound by the new Terms.
13.3. Accessing WirralWell from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United Kingdom, you are responsible for compliance with local laws.
13.4 A party who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. However, this shall not affect any right or remedy existing or available other than pursuant to that Act.
13.5. You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms. We may assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of our rights and obligations under these Terms where we reasonably believe your rights will not be affected.
13.6. If you breach these Terms and we delay or fail to exercise any right or remedy in relation to such breach, this shall not constitute a waiver of that right or any other remedy and shall not restrict the further exercise of that or any other right or remedy in relation to such breach or any other breach.
13.7. We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
13.8. The English courts will have exclusive jurisdiction over any claim arising from, or related to your use of WirralWell. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.9. If you have any queries or concerns about these Terms or about WirralWell please contact us at the address below or using wirralwell@vcawirral.org.uk
