Terms of use

Last modified: 16/07/2015

Welcome to www.HealthUnlocked.com operated by HealthUnlocked ("Our Site"). To look after your privacy and to keep the content useful, visitors and account holders must follow the rules in this Terms of Use Agreement ("Terms of Use") and our Privacy Statement. By using Our Site, either as a visitor or an account holder, you are deemed to have accepted these Terms of Use and our Privacy Statement.

1. About us

HealthUnlocked is a private company that transforms individual health experiences into support, insight and understanding for others. We do this by enabling people to share personal health experiences and information online. In turn this provides support, aids self-management, improves interactions with professionals, with the aim of improving day-to-day health and well-being.

HealthUnlocked is owned and operated by Everything Unlocked Limited registered in England and Wales under company number 6596274. Its registered office address is: 163 Tower Bridge Road, 4th Floor, London SE1 3LW, United Kingdom.

2. Use of the Site

Your access to and use of Our Site and of any information contained within it is subject to the Terms of Use and our Community Guidelines. By accessing and using Our Site, you accept, without limitation or qualification, the Terms of Use. We reserve the right to change the Terms of Use from time to time without notice, as we deem necessary. We encourage you to review the Terms of Use periodically to check you understand the latest version. Continued use of Our Site is deemed to be your acceptance of any changes to the Terms of Use and if you are not happy with our amended Terms of Use you should stop using the site. Children under the age of 16 are prohibited from creating an account and becoming a member of HealthUnlocked. In registering as a member you are acknowledging that you are aged 16 or above.

3. Medical advice

Our Site’s content, or any content on other sites linked to from Our Site, is never a substitute for professional medical advice. Even if another user appears to be a medical professional they are not in a position to undertake a physical examination or understand your full medical history. Therefore you should always speak to a doctor or other health practitioner about your condition and/or treatment or changes to your condition and/or treatment. In an emergency dial your local or national emergency telephone number (see a list here). Never delay seeking advice or dialling emergency services because of something that you have read on Our Site.

4. Privacy Statement

If you use Our Site it is likely that this will involve sharing information about your health experiences. We recommend using anonymous, unique usernames although it’s important to understand that any information or experiences you share can carry the risk of revealing your identity to others. It is important that you understand how our data sharing relationships work and what information is shared with our different partners and users. We have set out further information in our privacy statement which we encourage you to read. To view our Privacy Statement click here.

Members can choose at any time whether their de-identified healthcare experiences are shared or not shared with our research partners in the "settings" area of your account.

5. Non-commercial use by users

The site is for the use of individuals for non-commercial purposes only. To use information gathered from HealthUnlocked commercially or to reach HealthUnlocked users with commercial interest unless expressly authorized by HealthUnlocked is against these terms.

If you wish to use the site for commercial purposes related to your role within healthcare provision you may be able to extend your account to include a role (e.g. Health Care Professional (HCP), Patient Organization, Researcher, Provider, etc). In doing so, you may have to comply with extra terms like Terms of Engagement for Affiliates or Terms of Engagement for HCPs.

6. Acceptable use

You may only use Our Site in accordance with these Terms of Use, our Community Guidelines and, in any event, for lawful purposes in compliance with all applicable laws, regulations and codes of practice in the UK or in any other jurisdiction from where you access Our Site. In particular, you agree 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.

You may not obtain or attempt to obtain any materials or information from Our Site through any means not intentionally made available to you through Our Site.

Your contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material that is obscene, offensive, hateful, inflammatory or defamatory of any person;
  • promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right, trade mark or any other right of any other person;
  • 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;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

In Our site, any content that is flagged or reported as abusing our Community Guidelines is sent to the moderators of the community in question. Community moderators can ban, restrict, or warn the user. They can also decide that the user or content in question is not objectionable and no action is required. We at HealthUnlocked, do not actively moderate this site and leave it to the discretion of the community administrators. However, if issues are brought to our attention by administrators, we will determine whether there has been a breach of the Terms of Use and what the appropriate course of action is. When a breach of these Terms of Use has occurred or inappropriate material has been posted, we may take such action as we deem appropriate, including, for example, withdrawing your right to use Our Site; removing any posting or material you have uploaded to Our Site; taking legal action against you; or disclosing such information to law enforcement authorities as we reasonably feel is necessary.

HealthUnlocked Communities® are associated with health organizations and other approved affiliates and may contain material which is the intellectual property of that affiliate or individual community users. Although the affiliates may provide material and take an active role within the community, nothing in these Terms imposes an obligation to the affiliates or individual community admins to moderate the content within their community.

7. Registration

You will not be able to use Our Site properly unless you register with us. By registering and becoming an account holder, you agree that we may provide you with information about Our Site (whether by email or any other medium) that we consider appropriate. You may opt-out of receiving these materials and notifications in the "settings" area of your account or by writing to or emailing us to inform us that you wish to be removed from our contact list.

When you register initially you will have access to a standard account. If you subsequently wish to have an account type which represents your role within healthcare provision (e.g. medical professional, researcher, community admin) which enables access to additional services provided by HealthUnlocked, your use of the new account type and additional services may be subject to additional terms and conditions which will be made available to you as part of the extension process.

In order to register with us and become an account holder, you will be invited to provide a password, a user name and an email. You are entirely responsible for maintaining the confidentiality of your password and account. You will never be required to reveal your full password to any representative or agent of HealthUnlocked. If you forget your password, we may ask you to answer a specific question such as your username, date of birth or postcode. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify contact@healthunlocked.comimmediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for loss or damage incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder. If you think that someone else has access to your password you should change it immediately.

8. Indemnification

You agree to indemnify, keep indemnified defend and hold harmless HealthUnlocked, its parent company Everything Unlocked, its officers, directors, employees, agents, suppliers and third party partners from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings whatsoever, howsoever arising, resulting from or in connection with any violation by you of these Terms of Use, including, without limitation, the submission of any inaccurate or incorrect information.

9. Third parties and third party websites and links

We also may provide links or references on Our Site to the websites of other companies, charities or other organizations and individuals whether affiliated with us or not. By clicking on these links and accessing these other websites, you will be leaving Our Site. Some of these links are added by users and we are not in a position to verify every link posted on Our Site.

Similarly, Our Site may be accessed through third party links over which we have no control. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Everything Unlocked Limited.

You may link to our home page, provided 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 establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

10. Proprietary rights

The entire contents of Our Site are protected by copyright, database rights and other intellectual property rights which are owned by us or our affiliates including health organizations and individuals. The contents of Our Site may not be copied, displayed, downloaded, distributed or republished other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any licence or right under any patent or trademark of Everything Unlocked Limited, or any third party.

11. Written communication and notices

When using Our Site, you accept that communication with us will be mainly in electronic format. We will contact you by email or provide you with information by posting notices on Our Site. 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.

All notices given by you to us, including any complaints that you might have about Our Site, must be given to Everything Unlocked Limited at 163 Tower Bridge Road, 4th Floor, London SE1 3LW, United Kingdom or by email to contact@healthunlocked.com. We may give notice to you at either the email, telephone number or postal address you provide to us when you become an account holder, or in any of the ways specified in the above paragraph.

12. Content and Limitation of Liability

HealthUnlocked is a technology platform. All views, opinions, and knowledge expressed on the site by account holders or visitors are the sole opinions of the account holders or visitors themselves and are likely to relate to their own specific circumstances which may be different to yours. The owners of HealthUnlocked and the affiliates we work with make no warranties or representations of any kind as to the accuracy, currency, completeness, reliability, operability, or legality of information or opinions contained or expressed within Our Site. Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We and the affiliates therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, by any account holders, or by anyone who may be informed of any of its contents.

Further, Our Site is provided to you free of charge on an "as is" and "as available" basis. You agree that access to and use of Our Site and the content available on Our Site is at your own risk. To the fullest extent permitted by law, Our Site and any individual person connected to Our Site and any party involved in creating, producing or delivering Our Site hereby exclude:

  • All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
  • Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of Ou- Site or websites linked to Our Site, including, without limitation any liability for loss of income or revenue, loss of business, loss of profit, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This 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.

14. Waiver

If we fail, at any time during the term of your use of Our Site, to insist upon strict performance of any of your obligations under these terms of use, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms of use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

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 the methods specified above.

15. Sale or Merger

If Everything Unlocked Ltd. is sold to or merges with another company not owned by Everything Unlocked Ltd., you should expect that some or all of the personal information collected from Our Site may be transferred to the buyer/surviving company. If so, Everything Unlocked Ltd. will seek to obligate the acquiring company to use any personal information transferred by Our Site in a manner consistent with this Privacy Statement, but you accept that the acquiring company will be responsible for use after the acquisition and that Everything Unlocked Ltd. cannot control this.

If you do not wish the personal information you provide to be subject to this possibility, you should deactivate your membership by notifying deactivate@healthunlocked.com and including "DEACTIVATE" in the subject line or by deleting your account in your account settings in Our Site.

16. Severability

If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

17. Fees

Access to and use of this Service are currently available without charge. We reserve the right to charge a fee for access to or use of this Service in the future. You will be given prior notice in the event we find it necessary to charge a fee for use of this Service and if you do not wish to pay such fee you will be able to end your use of the Service.

18. Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to access to and your use of Our Site and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19. Law and jurisdiction

These terms and conditions and the agreement between you and us will be governed by English law. Any dispute arising from, or related to, these terms and conditions or our agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Copyright ©2014 Everything Unlocked Limited