Terms & Conditions

Terms & Conditions

Introduction
Please read these terms and conditions carefully. Together with our Privacy Policy, and Cookie Policy , they govern our relationship with you in relation to this website.

We may change these terms and conditions or our Privacy Policy or Cookie Policy at any time by updating this page. You should check this page from time to time to review these terms and conditions to ensure you are happy with any changes. Using or accessing this website indicates your acceptance of these terms and conditions. If you do not accept these terms and conditions, please do not continue to use this website.

Information about us
We are The Phoenix Partnership (Leeds) Ltd., a company registered in England and Wales at Companies House. Our registered office is TPP House, 129 Low Lane, Horsforth, LS18 5PX and our registered company number is 04077829. Our VAT number is 721671841.

The website to which these terms and conditions apply and for which we are responsible is http://www.airmidcares.co.uk.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.


Information on this website
The information contained on this website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this website. This website is not intended to replace professional medical care by a qualified medical professional, and you should always consult with your doctor before taking, or ceasing to take, any action regarding your healthcare based on the content of this website.

Our liability to you as explained in these terms and conditions remains unaffected by this.


Your use of this website and our intellectual property rights
We have made this website available to you for your own personal non-commercial use. We may modify, withdraw or deny access to this website at any time, including introducing charges for its use or other restricted access.

This website is not designed or intended to be used by children under the age of 16, and only individuals aged 16 or over may register to use the forums.

This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as articles, stories, product descriptions, prices, company profiles, technical guidance specifications and other text.

You may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else without our consent in writing.

You may print or download materials from this website for your own personal non-commercial use or copy the content to other individuals for their personal information provided that:

  • no materials are modified in any way;
  • no graphics are used separately from accompanying text;
  • our copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material;
  • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged; and
  • the person to whom you providing these materials are made aware of these restrictions.


You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


Linking
We may link to other websites which are not within our control. We are not responsible for these websites in any way, and do not endorse them. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit.

You may link to this website from another website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. When linking to this website the following rules must be adhered to:

  • you may not create a frame or any other border around the website;
  • the site from which you wish to link must comply with all relevant laws and regulations and must comply in all respects with the content standards set out in these terms and conditions; and
  • you must not imply that we endorse or are associated with any other website, product or service.


We reserve the right to withdraw linking permission without notice.


Prohibited uses
You may use our site only for lawful purposes. You may not use our site:

  • In any way that contravenes 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.
  • in any way that may have a detrimental effect on TPP’s goodwill and good standing.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in these terms and conditions.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to 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 the provisions 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 or network or software owned or used by any third party.


Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms and conditions. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these Terms and Conditions.

You are solely responsible for securing and backing up your content.


Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the following rights to use that content:

  • a perpetual, royalty-free, non-exclusive right to store, modify (where reasonably necessary to allow publication), copy and publish the Contribution on our site and to make it available to third parties.
  • a perpetual, royalty-free, non-exclusive right to other users of this site to use the Contribution in accordance with these terms and conditions.


You must keep your account details safe


If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly reset this to something that only you know.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to forums. This information and these materials have not been verified or approved by us, although we may monitor them as explained below. The views expressed by other users on our site do not necessarily represent our views or values.

How to report content uploaded by other users
If you wish to report content uploaded by other users which breaches these terms and conditions, please contact us on appenquiries@tpp-uk.com.

Interactive services
We may from time to time provide interactive services on our site, including forums.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

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.

Only individuals aged 16 or over are permitted to register for an account through this website. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Forums
For your safety we advise that you never provide any personal information about yourself or anyone else to the forums on the website. This includes information such as your name, telephone number and home address.

The forums are not pre-moderated. TPP will attempt to promptly remove or edit any Contributions which we consider to be in breach of these terms and conditions, and may close and/or delete posts or discussions which we consider are inappropriate or otherwise in breach of these terms and conditions. TPP will review any concerns raised to us regarding forum content and will take any action we reasonably feel is appropriate.

If you have any concerns about a post or comment on our forums, please follow the steps in How to report content uploaded by other users to make us aware of this.

The content of forums is not moderated or reviewed by healthcare professionals and so you should not rely on any information within these forums in respect of healthcare matters.


Content standards
These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

TPP will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.
  • Be polite and constructive (and not contributed with the intention to cause upset or “trolling”).
  • Provide source information and references for any health information posted which is not from personal experience.
  • Be made in English (so that we can effectively moderate the Contributions).

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Be illegal, dishonest or untrue.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Include child sexual abuse material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from TPP, if this is not the case.
  • Give the impression that the Contribution emanates from a healthcare professional, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Encourage any activity that in our opinion raises any clinical safety concerns, or could be harmful to the well-being of another user.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Be the same as, or substantially similar to, other Contributions you have made elsewhere on the site (i.e. no “spamming”).
  • Contain any advertising or be made for any commercial purpose.

How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.


Our trade marks are registered
Airmid, AirmidCares and the Airmid logo are UK registered trade marks of The Phoenix Partnership (Leeds) Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under Your use of this website and our intellectual property rights.

Breach of these terms and conditions
Failure to comply with these terms and conditions, including the content standards, may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.


We exclude our liability for all action we may take in response to breaches of these terms and conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.


Our liability to you
These terms and conditions do not exclude our liability (if any) to you for:

  • personal injury or death resulting from our negligence;
  • fraud;
  • any matter which it would be illegal for us to exclude or to attempt to exclude our liability.


To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. This site is provided on an ‘as is’ basis.

We do not guarantee that this website will be compatible with all or any hardware and software which you may use. We do not guarantee that this website, or any tracking and other information it provides access to, will be available all the time or at any specific time. We reserve the right to withdraw or modify this website at any time.

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. However:

  • we are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this website; and
  • our liability to you (including where we are negligent) shall not in any circumstances include any business or other economic losses that you may incur, including but not limited to lost data, lost revenue, lost contracts, lost profits or business interruption.

Contracting online
Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between us in relation to your use of the website.

If you make a contract with a third party who is named or referred to on this website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.


Governing Law and Jurisdiction
The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.

The English and Welsh courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.