Terms and Conditions of Agreement for use of the Change4Life Website
Change4Life is a public health campaign initiated and supported by Public Health England, an executive agency of the Department of Health (“Public Health England”).
This Change4Life Website Agreement (the "Agreement") applies to your use of the Change4Life Website at www.nhs.uk/change4life.
By using the Change4Life Website as a casual visitor, or by completing the registration form, you signify that you accept the terms and conditions of thisAgreement.
You may wish to print and/or save a downloaded copy of the Agreement on your computer for your reference. The terms of this Agreement may be updated oradditional terms may apply, from time to time. Each time you visit the Change4Life Website please look out for updates and when you see these read them andprint and/or save a downloaded copy.
1. Collection and use of personal information
- When completing the registration form, you will have an option to submit personal information, including postcode, age, date of birth, phone number, email address, mobile phone number, gender, and ethnicity. In addition you may submit information about your diet and exercise habits. By submitting this information, you consent to the Department of Health using it for the purpose of offering you a personalised response via a Change4Life welcome pack or any additional information you request (as you choose) by email or by post. Additionally, you may choose to opt-in to receive ongoing communications from the Change4Life campaign, if you so chose, by email, post, SMS or telephone.
- From time to time, the Department of Health may wish to use the information you submit for research purposes or producing statistics. With your permission, academic institutions may occasionally use our data in relevant studies. In these instances, we shall inform you in advance and you will have the choice to opt out of the study. The information that is used will be made anonymous and will be confidential.
- The Department of Health and any third parties acting under our control may use your Personal Information (including demographic data) to personalise the content, advertising and promotions you receive and our communications with you.
- Use of the Change4Life Website does not require registration and can be accessed as a "casual visitor".
3. Your responsibilities
- You are responsible for compliance with this Agreement in your use of the Change4Life Website. You may use the Change4Life Website for lawful purposes only. You may not submit, download or transmit any material (including User Generated Content), or otherwise engage in any conduct that actively causes or is intended to:
- breach any third party's rights including, without limitation, copyright, patent rights, trade mark rights, performer's rights, rights of confidence;
- is unlawful, offensive, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimise, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonate any person, business or entity, including Change4Life or the Department of Health and its employees and agents;
- contain viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or computer network;
- encourage conduct that would constitute a criminal offence, or that gives rise to civil liability;
- promote or sell prohibited items such as lotteries, betting or wagering activities, ammunition, firearms, tobacco, alcohol, adult products and services, and explosives;
- violate this Agreement, acceptable usage guidelines or any policy posted on the Change4Life Website; or
- unjustifiably interfere with others' use of the Change4Life Website.
- You may not use the Change4Life Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Change4Life Website. You may not attempt to gain unauthorised access to the Change4Life Website, user accounts, computer systems or networks, through hacking, password mining or any other means. We may use any technical and other legal remedies available to us to prevent any breach of, or to enforce, this Agreement.
4. Changes to the Change4Life Website
- We may change or discontinue the Change4Life Website or any of its features at any time without notice. We may impose general operating rules for the Change4Life Website. For example, we may establish limits on storing, uploading or downloading any data or impose "time outs" if you idle on the Change4Life Website.
5. No spam
- You may not use the Change4Life Website or any communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any technical and other legal remedies available to us to prevent unsolicited bulk communications from entering, utilising, or remaining within networks.
- The copyright in all content on the Change4Life Website (“Change4Life Web Content") is the property of the Department of Health, and/or its licensors. You may only use Change4Life Web Content for personal, non-commercial purposes and in accordance with these terms and conditions and any others which you may be notified of in relation to specific Change4Life Web Content. You may not circumvent any mechanisms for preventing the unauthorised reproduction or distribution of Change4Life Web Content.
7. Our liability to you
- The Change4Life Website is provided without warranties of any kind and your use of Change4Life Website is at your sole risk. The Department of Health will, however, use reasonable skill and care to provide and maintain the availability of the Change4Life Website. The Department of Health expressly excludes any warranty, representation or undertaking that you will be able to access or use the Change4Life Website at times or locations of your choosing. The Department of Health depends upon third parties over which it may have little or no control for the delivery of the Change4Life Website (for example, to deliver emails sent to and from internet addresses). The Department of Health is not liable for deletion, corruption or failure to store any email messages or other content. The Department of Health does not warrant that the Change4Life Website will be free from any virus, worm, trojan or other malware or device intended to access and modify, delete or damage data files or computer programs. The Change4Life Website is a consumer service and not designed to be used by you in connection with the conduct of your, or your employers' or contractors', commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.
- The Department of Health shall not be liable for any loss which was not reasonably foreseeable when this Agreement is entered into, nor for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused, arising from your use of the Change4Life Website or for any other claim related in any way to your relationship with Change4Life. The Department of Health does not endorse, warrant or guarantee any product or service offered by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and such a third party. We shall not be liable for any failure or delay in performance of our obligations under this Agreement caused by matters beyond our reasonable control.
- Without limiting the above paragraph (and except for the Department of Health’s liability for death or personal injury caused by its negligence, for which the Department of Health’s liability shall be unlimited), the liability of the Department of Health under or in connection with this Agreement or your use of the Change4Life Website (whether arising in negligence or otherwise) for any loss which was reasonably foreseeable will not under any circumstances exceed £100, regardless of the cause or form of action. Your statutory rights are unaffected.
- You agree to defend, hold harmless and indemnify the Department of Health against all liabilities, claims and expenses, including reasonable legal fees that arise from any infringement of third party intellectual property or other rights resulting from any breach of this Agreement for which you are responsible. The Department of Health reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for the Department of Health in that matter.
- Save as otherwise expressly provided in any additional terms governing the use of specific services provided on the Change4Life Website, we do not charge you for use of the Change4Life Website, and as a consequence, we may cancel or suspend use of the Change4Life Website at any time, without cause and without notice.
- If following an opt-in you wish to terminate your relationship with the Change4Life Website you may:
- telephone the Change4Life team on 0300 123 4567 between the hours of 9am and 8pm (Monday to Friday). Calls to 03 numbers should cost no more than geographic 01 or 02 UK-wide calls, and may be part of inclusive minutes subject to your provider and your call package; or alternatively
- click on the 'unsubscribe' link that will appear on the bottom of all emails from Change4Life.
10. Changes to this Agreement
- We may change this Agreement from time to time. We will post the updated Agreement on the Change4Life Website, and it will take effect immediately or on a date which is nominated in the posting or a in a notice we send to you. Your ongoing use of the Change4Life Website after the changes take effect signifies your agreement to the updated Agreement. You are responsible for regularly reviewing this Agreement and any other terms posted on the Change4Life Website. If you disagree with the changes that are made to this Agreement, you may simply terminate use of the Change4Life Website as provided above.
11. Disputes, comments and complaints
- If you have a comment or complaint about Change4Life or the Change4Life Website, please contact us.
- You agree that we may send to you in electronic form any notices, disclosures, reports, documents or other communications relating to the Change4Life Website (collectively, "Notices"). We can send you Notices
- to the email address that you provided to us during registration for this purpose, or
- by posting the Notice on the Change4Life Website.
- Any Notice from us shall be deemed effective the day it is sent or posted by us.
13. Entire agreement
- This Agreement, together with other documents and agreements referred to or entered into under it, constitutes the entire agreement between you and us relating to the Change4Life Website.
14. Jurisdiction and choice of law
- This Agreement is governed by the laws of England and Wales. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of this Agreement.
- We may assign this Agreement to any third party, which is to provide the Change4Life Website (or part of it) at any time without Notice to you. You may not assign this Agreement to any one else.
16. Third parties
- You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.
18. No waiver
- If you or we fail to exercise any right or remedy under this Agreement, that failure will not operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.
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