12. WRITTEN COMMUNICATIONS
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.2 Where appropriate, Healthspan reserve the right to send you electronic service communications related to your purchase where you have opted out of marketing communications.
13. HEALTHSPAN WEBSITE – TERMS OF USAGE
These terms and conditions also set forth the legally binding terms for your use of our website www.healthspan.co.uk (our "Site"). Only private individuals aged 18 years or over are permitted to register for use of the Site. By using the Site you agree to be bound by these terms and conditions of use. If you do not agree with these terms and conditions of use, you should leave the Site immediately.
Healthspan aims to provide up to date and accurate information on its website. However there can be no guarantee as to the accuracy of the information on the Site.
Your data or information generated from the usage of our Site may be transferred, sold or assigned to another third party as the result of a sale, transfer of business, merger, reorganisation, liquidation or change in control of the Healthspan Group of companies.
The name Healthspan referred to in this section – Website – terms of usage should be read as referring to legal entity companies which are subsidiaries or sub-subsidiaries of Healthspan Group Limited, through which trading is conducted or services are supplied.
We may modify these terms and conditions of use from time to time and such modification shall be effective upon posting on the Site. By continuing to use the Site, you agree to be bound by these terms and conditions as amended.
13.2 YOUR ACCOUNT AND PASSWORD
13.2.1 When you set up an account with us, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another registered user at any time or to disclose your password to any third party. You agree to notify us immediately by emailing email@example.com if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
13.3. PROPRIETARY RIGHTS IN CONTENT ON THE WEBSITE
13.3.1 The Site contains content owned by us ("Content"). The Content is protected by copyright, trademark, patent, trade secret and other laws and we retain all rights in the Content and the Site. We hereby grant you a limited, revocable, non-sub licensable license to retrieve and display the Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Site and place orders via the Site. You may retrieve and display the content of www.healthspan.co.uk on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or Content on www.healthspan.co.uk without prior written permission from Healthspan. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us or for which we may become liable for (including but not limited to), all damages awarded against us under any judgment by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
- any claim by any third party that the use of www.healthspan.co.uk by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of www.healthspan.co.uk by you infringes that third party's copyright or other intellectual property rights of whatever nature;
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of www.healthspan.co.uk by you; or
- other than claims arising from the use by you of the Site to order Product(s) in the normal manner.
13.3.2 The Site also contains content owned by other licensors to us ("Third Party Content"). You may not unless and to the extent otherwise specifically authorised by us copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display or sell any content appearing on or through the Site. You may retrieve and display content from the Site on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal non-commercial use to the extent necessary to view the Site and make reasonable use of the Site.
13.4. CONTENT/ACTIVITY PROHIBITED
The following is a partial list of the kind of activity that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
13.4.1 criminal activity or any tortious act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, trade mark infringement, breach of confidence or theft of trade secrets;
13.4.2 covering or obscuring the banner advertisements on any page on the Site via HTML/CSS or any other means;
13.4.3 any automated use of the system such as using scripts to perform automated operations;
13.4.4 interfering with, disrupting or creating an undue burden on the Site or the networks or services connected to the Site;
13.4.5 attempting to impersonate another user or person;
13.4.6 using the account or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
13.4.7 using any information obtained from the Site to harass, abuse, or harm another person;
13.4.8 using the Site in a manner inconsistent with any and all applicable laws and regulations;
13.4.9 modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
13.4.10 making available or uploading files that contain software or other material, data or information not owned or licensed to you or collecting information about others (e.g. names/addresses) without their prior consent;
13.4.11 gaining unauthorised access to other computer systems;
13.4.12 breaching any laws concerning the use of public communication networks;
13.4.13 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
13.4.14 making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software;
13.4.15 falsifying the true ownership of software or other material or information contained in files made available via the Site; or
13.4.16 obtaining or attempting to obtain unauthorised access, through whatever means, to the Site or computer systems or areas of our or any of our partners' networks which are identified as restricted;
13.4.17 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
13.4.18 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
13.4.19 interfering with any other person's use or enjoyment of www.healthspan.co.uk; or
13.4.20 interfering or disrupting networks or websites connected to www.healthspan.co.uk.
The Site may contain links to other websites but we are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by us. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements which are posted on the Site, nor do we take any responsibility for the goods or services provided by its advertisers. We accept no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content provided through the Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to users or to any person's computer related to, or resulting from, participation or downloading materials in connection with the Site. Under no circumstances shall we be responsible for any loss or damage resulting from use of the Site, from any content posted on or through the Site, or from the conduct of any users of the Site, whether online or offline. The Site is provided "AS-IS" and as available and we make no representations or warranties of any kind as to the Site or the content thereof, including without limitation, as to availability of the Site for access and use. Also your access to the Site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities. We will attempt to limit the frequency and duration of any such suspension or restriction. In particular we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site. Nothing in these terms and conditions shall be construed as limiting or excluding our liability for death or personal injury caused by negligence.
You agree to indemnify and hold us, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Site in violation of these terms and conditions and/or arising from your use of or conduct on the Site and/or a breach of these terms and conditions.
All notices given by you to us must be given to Healthspan Limited at Healthspan House, The Grange, St. Peter Port, Guernsey GY1 3WU or firstname.lastname@example.org . We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed to have been received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The Contract is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control.
16.2.4 Impossibility of the use of public or private telecommunications networks.
16.2.5 The acts, decrees, legislation, regulations or restrictions of any government.
16.2.6 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 You and we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18.4 The headings in these terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions operate to the fullest extent permissible by law.
18.5 If any provision of these terms and conditions is found to be unlawful, void or unenforceable, that provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we sell you the Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
Our Products are not intended to treat, cure or prevent any disease, nor is the information supplied in our websites/magazine/catalogue or other promotional material intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking our Products. If you experience an adverse reaction, stop taking our Products and seek medical advice.
Healthspan understands that many customers value their personal privacy and wish to ensure that any company who provides a service to them will also value their privacy. We therefore guarantee that we will not sell or pass your data to a third party outside the Healthspan Group, in the normal course of business, unless that third party requires the data to provide you with your order for delivery or in the course of communicating with you as a customer. As part of our customer charter we will process your personal data fairly and lawfully.
Data that we collect
To enable us to process your order we will ask you to provide personal details such as:
No Credit Card numbers are held on our Sites or on the associated back-office systems used by us to process your orders. For future reference to help us communicate with you, the first few and/or last digits only of your Credit Card number are kept by us.
For any repeat orders of Products made by you via our Sites, our Credit Card Agency securely holds your Credit Card details and provides us with a unique token that represents that particular card; this token is only valid for payment to us and this data is therefore worthless to any potential website hacker.
IP Addresses and Cookies
First Party Cookies
Healthspan’s first party cookies contain no personally identifiable information. All personally identifiable Information on browsing, preference and purchase history, is stored in our secure website data base. This information is collected for our internal purposes only and shall not be disclosed to any other organization except as required by law.
Third Party Cookies
Third party cookies are cookies that pass on information on browsing and purchase activity to third party service providers. All third party data gathered by Healthspan’s third party cookies is statistical information and does not personally identify any individuals.
Healthspan primarily uses third party cookies to help us conduct website tracking and monitoring to ensure we provide our customers with the best possible shopping and web experience. We use the web analytics platform provided by Google called Google Analytics.
We will also intermittently use third party cookies to gather behavioural, browsing and demographic data. This information is used by third party partners to deliver marketing and advertising activities. This information is aggregated and contains no personally identifiable information.
By agreeing to these terms and conditions you are accepting the use of first and third party cookies on and by the Healthspan websites.
Want to know more about cookies?
How we use your data
Our primary purpose in using your data is to provide you with your order. We may analyse your data (or provide your data to agents who are contracted to supply services to us) to create a data profile to enable us to provide a better service to you.
We will keep all your personal information provided by you confidential except that we may use personal information for any of the following purposes:
- administration, general correspondence, support, profiling and processing (including personalising the Sites for your use);
- contacting you to register your use of the Sites, to advise you of any special offers, to notify you of new features or to resolve any queries you or we may have regarding us or the Sites or their use;
- responding to any requests or queries from you;
- profiling you and the users of the Sites;
- contacting you to notify you of other services or Products that might be of interest to you or for market and product research purposes (although you can elect not to receive any of these at any time by contacting us as set out below);
- subscribing you to our newsletters or email alerts or online surveys (although you can unsubscribe from these at any time by contacting us as set out below); and
- Responding to any requests from the police and local government law enforcements agencies.
Checkout assistance service
When you use our Sites, details of any Products that you seek to purchase and your email address may be collected as you fill in the checkout form. If you do not complete your purchase, we may contact you using a third party with these details to offer our assistance (in case, for instance, you were suffering from technical difficulties). This is an optional service. You can choose not to receive our checkout assistance emails at any time by following the link at the bottom of each assistance email.
Your consent to processing data
By Law, we are required to obtain your consent to processing your data. We will assume that you have given your consent to the uses outlined above if you provide us with any data via our websites or via replies to advertisements. You can advise us that you wish to withdraw your consent by sending us an email explaining the situation to email@example.com.
Where we process or transfer your data outside of what is outlined in "How we use your data" we will ask you to provide your specific consent.
How we protect your data
The data that you have provided will remain in databases that are established in a network that is firewall protected. Firewalls exist to stop the transfer of unauthorised information to or from the network. Physical access to our servers is restricted through the use of door code security systems. Higher level user login ID and password controls are also in place to restrict access. Only a limited number of IT personnel are authorised by the IT director to access the database. We use industry standard security technology and server certification.
5. Password and screen name
5.1 When you sign up to become a Website Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another Website Member at any time or to disclose your password to any third party. You agree to notify Healthspan’s Provider immediately by emailing firstname.lastname@example.org if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
5.2 Your screen name and password are personal to you and must not be transferred or shared. Your screen name and password may only be used to access the Website and/or the Ratings and Reviews from one device at a time.
5.3 When you subscribe you will have to choose a “display name” if you wish to post and interact with our user generated content functionality. The display name is not editable once you have chosen it and it’s assigned to you as a user. You may change your email address, and password at any time in the ‘My Account’ section of the Website.
5.4 You may not select as your display name the name of another person with the intent to masquerade as that person or use a screen name that Provider in its sole discretion deems offensive.
5.5 You are entitled to use and access the Websites and/or Ratings and Reviews registered for or subscribed to in accordance with these terms and conditions and other terms and conditions applicable to the Ratings and Reviews until your subscription is terminated in accordance with the applicable terms and conditions.
6. Proprietary rights in Content on the website
6.1 Healthspan’s Provider does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, or any other materials that you post or email to the Website or the comments, Ratings and Reviews (collectively, "Postings"). After posting or emailing your Postings to the Website or the Services, you continue to retain all ownership rights in such Postings, and you continue to have the right to use such Postings in any way you choose. By displaying, emailing, publishing or submitting for display or publication ("posting") any Postings on or through the Website or the Ratings and Reviews, you hereby grant to Healthspan’s Provider a Worldwide sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of Postings, transmission and distribution of Postings on and through the Website, the Ratings and Reviews and/or any newspaper or other publication published by Healthspan’s Provider in its different, present and future forms for example newsprint, Braille, talking book, electronic databases, e-paper, website mobile application or any other facsimile or derivative versions in any medium. The rights granted include without limitation the right to license photocopying, scanning, downloading in electronic or other forms and other normal use for the purpose of information or study or as otherwise permitted by copyright law.
6.2 You represent and warrant that: (i) you own the Postings posted by you on or through the Website or the Ratings and Reviews or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Postings on or through the Website or the Ratings and Reviews does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay all royalties, fees, and any other monies owing to any person by reason of any Postings posted by you to or through the Website or the Ratings and Reviews. You acknowledge that Postings submitted will not be returned.
6.3 The Website and/or the Rating and Reviews contain Content owned by Healthspan’s Provider (“Provider Content”). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. Provider owns and retains all rights in the Provider Content and the Website and the Ratings and Reviews. Provider hereby grants you a limited, revocable, non-sub-licensable license to retrieve and display the Provider Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Website and make reasonable use of the Ratings and Reviews.
6.4 The Website and the Ratings and Reviews contain Content owned by Users and other licensors to Provider (“Third Party Content”). Except for Content posted by you and in which you retain ownership rights, you may not unless and to the extent otherwise specifically authorised by Healthspan’s Provider copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Website or the Ratings and Reviews. You may retrieve and display Content from the Website or the Ratings and Reviews on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal non-commercial use to the extent necessary to view the Website and make reasonable use of the Ratings and Reviews.
7. Content posted
7.1 Healthspan’s Provider may delete, or in pre-moderated areas of the Website refrain from posting any Content that in the opinion of Healthspan’s Provider violates these terms and conditions breaches any relevant House Rules or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person. Except to the extent which cannot be excluded or limited by law or regulation in respect of Content on the Website which we moderate before posting, Healthspan’s Provider assumes no responsibility for monitoring the Website or the Ratings and Reviews for inappropriate Content or conduct. If at any time Provider chooses, in its sole discretion, to monitor the Website or the Ratings and Reviews, except as required by law or regulation, Healthspan’s Provider nonetheless assumes no responsibility for the Content (other than Provider Content), no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such content.
7.2 You are solely responsible for the Content that you post on or through the Website or any of the Ratings and Reviews, and any material or information that you transmit to other Users and for your interactions with other Users. Healthspan’s Provider does not endorse and has no control over Content posted by Users. Content is not necessarily reviewed by Provider prior to posting and does not necessarily reflect the opinions or policies of Healthspan’s Provider. Healthspan’s Provider makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.
7.3 Where Healthspan’s Provider can see that a Product review has been submitted by someone who has not purchased that Product, the Provider may block that review. In all cases of a review being blocked, the user will be contacted to explain the reason for the block.
8. Content/activity prohibited
8.1 Section 13.4 of the terms of conditions contain a partial list of the kind of Content that is illegal or prohibited to post on or through the Website or the Ratings and Reviews. Healthspan’s Provider reserves the right to investigate and take action against any User who, in the opinion of Healthspan’s Provider, violates this provision. This may include, without limitation, removing the offending communication from the Website or the Ratings and Reviews, preventing access to the Website and the Services and/or terminating access, the Website Membership of such violators and/or reporting to law enforcement authorities or regulatory bodies.