Terms & conditions

People playing leapfrog

Terms of Use

Web Service Agreement

Change4Life is a public health campaign initiated and supported by the Department of Health and hosted by NHS Choices. By registering membership of the Change4Life campaign, you will have an account created that provides access to all the products and services available on NHS Choices web services (www.nhs.uk).

This Change4Life Agreement (the "Agreement") applies to your use of the Change4Life website (including www.nhs.uk), as well as other pages, information, software, services, products and content which may be operated, hosted or managed by NHS Choices. Some of these products and services may require your use of a Nickname, and this Agreement contains terms which are applicable to the use of such products and services. To access NHS Choices services such as forums and bulletin boards, you will be required to register a separate Display name to use such services.

By using Change4Life Web Services as a casual visitor, or by completing the registration process to obtain and use a Screen Name, you signify that you agree to this Agreement.

Please print and/or save a downloaded copy of the Agreement on your computer for your reference. The terms of this Agreement may be updated or additional terms may apply, from time to time. Each time you visit Change4Life Web Services please look out for these notices of updates and when you see these read and print and/or save a downloaded copy.

  1. Collection and use of personal information.

    1. Personal Information is information that identifies you, including identity and billing information that you may provide to Change4Life may collect through your use of the Change4Life Web Services ("Personal Information"). Your Personal Information will be collected, processed, stored and used by us, and passed to and processed by us and our affiliate companies and other data processors acting under our control, in order to provide the Services, to provide customer support and for other purposes described in our Privacy Policy.
    2. We shall collect and use any personal information you give to us in accordance with the site’s privacy policy, terms and conditions and the statements below. We shall not disclose your personal information to any third parties without obtaining your prior consent unless we are required by law to do so. In particular:
      1. When signing up for a personal account, you will have an option to submit personal information, including postcode, age, date of birth, phone number, email address, mobile phone number. In addition you may submit information about your diet and lifestyle, including drinking or exercise habits. By submitting this information, you consent to NHS Choices using it for the purpose of offering relevant content to you on the website and, if you so chose, by email.
      2. Additionally, you may submit health information, including your height and weight, or declare your interest in one or more health goals, conditions or treatments. By submitting this information you explicitly consent to NHS Choices using the information, or any information we may infer from it, to provide relevant content and information to you in your account pages or, if you so chose, by email.
      3. From time to time, NHS Choices may wish to use the information you submitted 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.
    3. Our Privacy Policy sets out the Privacy that DH commits to. To find out more, visit www.nhs.uk/change4lifedev/Pages/Privacypolicy.aspx
    4. NHS Choices 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, Change4Life may do this by finding out which advertisements you react to or the areas of the Change4Life Web Services which you visit most frequently, or searches you perform when using the Change4Life Web Services, and tailoring your experience accordingly.
    5. We may also use cookies - small files of data which may be automatically stored on your computer's hard drive when your Web browser accesses certain Web pages. Cookies enable us to provide a better service to you. More information about how we (and third parties) may use cookies and similar technologies (and how to opt out of receiving them) is provided in our Privacy Policy, or to find out more visit: http://www.nhs.uk/change4lifedev/Pages/Privacypolicy.aspx.
    6. Change4Life may keep you informed of their respective services. Change4Life may also keep you informed by email of services offered by third parties selected by Change4Life which may be of interest to you. Change4Life will only send you third parties' marketing information with your informed consent.

  2. Registration

    1. Whilst enjoyment of some of the Change4Life Web Services does not require registration and can be accessed as a "casual visitor", access to other Change4Life Services requires completion of a simple registration process in order to obtain a display name and password necessary to enjoy such services.
    2. We will open an account for you when you complete your registration (the " Change4Life Web Services Account"). You must provide complete and accurate information about yourself, and notify us to keep this information up to date. You must be at least 14 years old to register for a Nickname. Parents and guardians who permit children (by which we mean people under the age of 18) for whom they are responsible to use Change4Life Web Services should assist them in setting up their Change4Life Web Services Account and supervise their use of Change4Life Web Services. Parents and guardians will be responsible for their children's use of the Change4Life Web Services and adherence to this Agreement and it is also the responsibility of parents and guardians to ensure that the Change4Life Web Content and User Generated Content that their children may encounter on Change4Life Web Services is suitable for those children.
    3. You may not apply for a Nickname and/or Display name that is used by someone else, is vulgar, attempts to impersonate another person or violates the rights of others. We may reject any Display Name that we determine in our discretion is unacceptable for use on the Change4Life Web Services. All Nicknames or Display Names remain the exclusive property of NHS Choices. Change4Life provides you with a limited, revocable, non-exclusive licence to use your Nickname(s) to access the Change4Life Web Services.
    4. You need to select a password to access your Change4Life Web Services Account. Your password is the key that unlocks your Change4Life and/or NHS Choices Web services Account. Change4Life or NHS Choices will never ask you for your password. You agree not to reveal your password to other users. Your Change4Life Web Services Account is at risk if you let someone use it inappropriately. You agree to indemnify and hold Change4Life harmless for any improper or illegal use of your Change4Life Web Services Account, including illegal or improper use by a third party who has used your password to access your Change4Life Web Services Account.

  3. Third Party Content Available Through Change4Life Web Services

    1. Through use of your Nickname you will be able to access a wide variety of enhanced content and services provided by Change4Life or its affiliates through the Change4Life Web Services. You may also be able to access content and services provided by third parties ("Third Party Content"). Change4Life is not responsible for Third Party Content. Any issues or disputes relating to Third Party Content should be taken up directly with the applicable third party. Any dealings that you have with advertisers on the Change4Life Web Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against any advertiser.

  4. Your Responsibilities

    1. You are responsible for compliance with this Agreement in your use of Change4Life Web Services or Change4Life Software, whether you access as a casual visitor or by using a Nickname. You may use Change4Life Web Services for lawful purposes only. You may not submit, download or transmit any material (including User Generated Content), or otherwise engage in any conduct that:
      1. breaches any third party's rights including, without limitation, copyright, patent rights, trade mark rights, performer's rights, rights of confidence;
      2. 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;
      3. victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      4. impersonates any person, business or entity, including Change4Life and its employees and agents;
      5. contains 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;
      6. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
      7. promotes or sells prohibited items such as lotteries, betting or wagering activities, ammunition, firearms, tobacco, alcohol, adult products and services, and explosives;
      8. violates this Agreement, acceptable usage guidelines or any policy posted on the Change4Life Web Services, or
      9. unjustifiably interferes with the use of Change4Life Web Services by others.
    2. You may not use Change4Life Web Services 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 Web Services. You may not attempt to gain unauthorised access to the Change4Life Web Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may use any legal and technical remedies available to us to prevent any breach or enforce this Agreement.

  5. Changes to Change4Life Web Services

    1. We may change or discontinue any Change4Life Web Service or feature on an Change4Life Web Service at any time without notice. We may impose general operating rules for the Change4Life Web Services. For example, we may establish limits on storing, uploading or downloading any data or impose "time outs" if you are idle on a particular Change4Life Web Service.

  6. No Spam

    1. You may not use any of the Change4Life Web Services or 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 legal or technical remedies available to us to prevent unsolicited bulk communications from entering, utilising, or remaining within networks.

  7. Content

    1. Certain areas of the Change4Life and NHS Choices Web Services may allow you to post text, messages, images, audio and video, software and/or other information ("User Generated Content") that can be accessed and viewed by others. You may not post User Generated Content that violates this Agreement or any other terms governing usage of the Change4Life Web Services. We do not claim ownership of any User Generated Content that you may post. However, by submitting User Generated Content to public areas of the Change4Life Web Services, you grant us and our affiliates on a perpetual basis a non-exclusive, royalty-free licence to use, copy, display, perform, distribute, adapt and promote the User Generated Content in any medium and you agree that we may sub-license the User Generated Content to third parties.
    2. We have no duty to pre-screen User Generated Content, but reserve the right to remove such content if in our absolute discretion it contravenes this Agreement or any other requirements governing the posting of such content.
    3. The copyright in all content on the Change4Life Web Services, except User Generated Content, ("Change4Life Web Content") is the property of DH, its affiliates and/or its licensors. You may only use Change4Life Web Content for personal, non-commercial purposes and in accordance with any additional terms and conditions 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.

  8. Our Liability to You

    1. The Change4Life Web Services are provided without warranties of any kind and your use of Change4Life Web Services is at your sole risk. Change4Life will, however, use reasonable skill and care to provide and maintain the availability of Change4Life Web Services. Change4Life and its affiliates expressly exclude any warranty, representation or undertaking that you will be able to access or use the Change4Life Web Services at times or locations of your choosing. Change4Life depends upon third parties over which it may have little or no control for the delivery of the Change4Life Web Services (for example, to deliver emails sent to and from internet addresses). Change4Life is not liable for deletion, corruption or failure to store any email messages or other content. Change4Life does not warrant that the Change4Life Web Services will be free from any virus, worm, Trojan horse or other program or device that is apparently intended to access and modify, delete or damage data files or computer programs. The Change4Life Web Services are consumer services 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.
    2. DH shall not be liable for any loss not reasonably foreseeable by Change4Life 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 Web Services or for any other claim related in any way to your relationship with Change4Life. DH 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.
    3. Without limiting the above paragraph (and except for Change4Life's liability for death or personal injury caused by its negligence, for which Change4Life's liability shall be unlimited), the liability of Change4Life under or in connection with this Agreement or your use of the Change4Life Web Services (whether arising in negligence or otherwise) will not under any circumstances exceed £500, regardless of the cause or form of action. Your statutory rights are unaffected.

  9. Indemnification

    1. You agree to defend and indemnify harmless Change4Life and Change4Life Group Companies 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. Change4Life 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 Change4Life in that matter.

  10. Termination

    1. Save as otherwise expressly provided in any additional terms governing the use of specific Change4Life Web Services (for example Premium Services), we do not charge you for use of Change4Life Web Services, and as a consequence, we may cancel or suspend use of Change4Life Web Services at any time, without cause and without notice.
    2. Your right to use the Change4Life Web Services and your Display Name(s) may end once your account is terminated and any data you have stored on the Change4Life Web Services may no longer be available to you. It is therefore important you maintain your own archive copies of any data that is valuable to you.
    3. If you wish to terminate your Change4Life Web Services Account you may:
      1. simply discontinue your use of your Change4Life Web Services Account; or alternatively
      2. contact us by sending us an email to us from your Change4Life email address. To find out more about terminating your account visit http://www.nhs.uk/change4lifedev/Pages/deactivateaccount.aspx.

  11. Changes to this Agreement

    1. We may change this Agreement from time to time. We will post the updated Agreement on the Change4Life Web Services, 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 Web Services after the changes take effect signifies your agreement to the updated Agreement. You are responsible for regularly reviewing this Agreement and any additional terms posted on the Change4Life Web Services. If you disagree with changes that are made to this Agreement, you may simply terminate your Change4Life Web Services Account as provided above.

  12. Contacting Change4Life and Disputes

    1. If you have a comment or complaint about the Change4Life Web Services, please visit: The Comments Policy in nhs.uk

    2. Notices

      You agree that we may send to you in electronic form any notices, disclosures, reports, documents or other communications relating to the Change4Life Web Services (collectively, "Notices"). We can send you Notices (1) to the email address that you provided to us during registration for this purpose, (2) to any Change4Life email account, or (3) by posting the Notice on the applicable Service or otherwise through Change4Life.co.uk. Any Notice from us shall be deemed effective the day after 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 Change4Life Web Services. Note that separate terms and conditions may govern your use of other services we provide from time to time, such as PC to SMS messaging and antivirus subscriptions.

    1. 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.

    2. Assignment

      We may assign this Agreement to any third party, which is to provide the Change4Life Web Services (or part of them) at any time without Notice to you. You may not assign this Agreement to any one else.

    3. Third Parties

      You agree that this Agreement is not intended to confer and do 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.

    4. Severance

      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.

    5. No Waiver

      If you or we fail to exercise any right or remedy under this Agreement, that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.

    6. Additional terms that apply to specific Services available on the Change4Life Web Services are set out below:

    7. Message Boards

      Any information you post to the message boards will be publicly accessible but may be deleted 12 months after the date you post the information. The information that you have posted to message boards may be removed if you breach this Agreement.