Effective Date: April 2015
www.www.aposhealth.co.uk (the “Web Site”, “Site”) is owned and operated by Apos Medical UK Ltd (“AposHealth®”, “we”, “our” or “us”). We are a limited company registered in England and Wales under company number 07405164 and have our registered office at 71 Queen Victoria Street, London EC4V 4BE. Our VAT number is 105379815.
AposHealth® expressly excludes any representation or warranty, express or implied, with respect to the information available on this Web Site. AposHealth® makes no representation about any third-party Web Sites that may be accessed via links from this Web Site.
We may update or change this Web Site, or any content on it, at any time. We do not guarantee that this Web Site, or any content on it, will be up to date or free from errors or omissions.
1. Intellectual Property Rights
AposHealth®, the AposHealth® logo and the AposHealth® design are trademarks or trade dress of AposHealth®, and may not be used without express written permission from AposHealth®, other than for attribution. All other trademarks not owned by AposHealth® that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AposHealth®.
It is AposHealth®’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law and to terminate access of repeat infringers.
1.2 Authorized and Prohibited Uses
Our status (and that of any identified contributors) as the author of the Content on this Web Site must always be acknowledged.
If this Web Site permits the e-mailing of certain Content or a link through the use of an “e-mail to a friend” (or similar) icon, you may send that particular Content or link to others by e-mail, as indicated.
You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Web Site or the Content.
You may link to the home page of this Web Site, but may not use our Content in your own site. You may not deep link (i.e. link to any page other than our home page) to this Web Site or frame this Web Site on other websites without our specific written permission. 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. We reserve the right to withdraw linking permission without notice.
1.3 User Content
It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. We have the right to disclose your identity to any third party who claims that any User Content submitted by you to this Web Site constitutes a violation of their intellectual property rights, or of their right to privacy.
You agree that AposHealth® shall have, and hereby grant to AposHealth®, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Web Site or AposHealth®.
1.4 Acceptable Use
You may use this Web Site for lawful purposes only. You may not use this Web Site:
- In any way that breaches any applicable law, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in anyway;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our User Content standards (detailed in Clause 1.5 below); or
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
1.5 User Content Standards
These standards apply to any and all User Content. You must comply with the spirit and the letter of the following standards.
User Content must:
- be accurate;
- be genuinely held (where they state opinions); and
- comply with applicable law in England and Wales and any country from which they are submitted.
User Content must not:
- contain any material which is defamatory;
- contain any material which is obscene, offensive, hateful or inflammatory;
- discredit or denigrate any third parties or their products;
- promote sexually explicit 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;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- 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 of affiliation with any person;
- give the impression that it emanates 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.
1.6 Registration and Passwords
We may or may not require you to have a password and provide registration details to access this Web Site or portions of this Web Site. If we do require a password and registration details, the details you provide must be correct, current, and complete. If AposHealth® believes that the details are not correct, current, and complete, we have the right to refuse you access to this Web Site, or any of its resources, and to terminate or suspend your account, if any.
2. Web Site Administration
2.1 Access Arrangements and Fees
Your use of this Web Site shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by AposHealth® in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Web Site.
You should use your own virus protection software.
2.2 Authority of Web Site Administrator
2.3 Import/Export Control
You agree not to submit any User Content to this Web Site or commit any act involving the transfer of information relating to any User Content in violation of applicable import/export control, espionage or national security laws.
3. Your Obligations
You agree to comply with all applicable laws in connection with your use of this Web Site.
By using this Web Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of this Web Site does not violate any applicable law or regulation. Your account may be terminated without warning, if we believe that you are under the required age as you represent yourself.
3.2 Functional Compatibility and System Abuse
You will submit only User Content and material that is functionally and technically compatible with this Web Site.
You will not attempt to and will not damage, corrupt, tamper with or infect any part of this Web Site, the Content or any information or telecommunication system of AposHealth® with a virus, Trojan, worm, logic bomb or other malicious computer program.
You must not attempt to gain unauthorised access to this Web Site, the server on which this Web Site is stored or any server, computer or database connected to this Web Site.
If you become involved in any violation of system security, AposHealth® reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents. In the event of such a breach, your right to use this Web Site will cease immediately.
3.3 Your Cooperation and Notification
3.4 Third Party Sites and Other Information
Regarding information submitted by third parties over whom AposHealth® has no control or responsibility, AposHealth® has no obligation to monitor, control or restrict the use of this Web Site, or third party Web Sites accessible via links on this Web Site.
These other sites are not under AposHealth®’s control, and you acknowledge that AposHealth® is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.
The inclusion of such link does not imply endorsement of any site by AposHealth® or any association with its operators.
In accessing this Web Site and following links to third-party websites you may be exposed to content that you consider offensive or inappropriate.
You agree that your only recourse is to stop using this Web Site and AposHealth® has no obligation to verify any User Content submitted by a user or to provide any registration or other information to you concerning any Content.
4. Warranty Disclaimers
This Web Site, its Content, and its links are provided on an “as is” basis and are used only at your sole risk.
To the extent permissible by law, AposHealth® disclaims all representations, warranties and guarantees, express or implied, of any kind, regarding this Web Site (including its Content, hardware, software and links), including any implied representations, warranties and guarantees as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer viruses or other malicious computer program.
This Web Site provides medical information for use as information or for educational purposes.
It is not intended to be advice on which you should rely.
We do not warrant that information we provide will meet your health or medical requirements.
It is up to you to contact a health professional if you are concerned about your health.
This Web Site does not give medical advice in relation to any individual case or patient, nor does it provide medical or diagnostic services.
If you are a medical or health professional then you are encouraged to use the Web Site for general information purposes. However, you should not rely on material included on this Web Site and we do not accept any responsibility if you do.
5. Limitations on Liability and Remedies
AposHealth®’s entire liability and your exclusive remedy with respect to any dispute with AposHealth® (including without limitation your use of this Web Site) is to discontinue your use of this Web Site.
To the extent permissible by law, AposHealth®® and its vendors will not be liable for any direct, indirect, special, incidental, consequential or exemplary loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising from your use of, or inability to use, this Web Site or for any other claim related in any way to your use or registration with AposHealth®.
These exclusions for direct, indirect, special, incidental, consequential or exemplary loss or damage include, without limitation, damages for lost profits, sales, business or revenue, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if AposHealth® had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.
AposHealth® does not endorse, warrant or guarantee any third-party product or service offered through this Web Site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
7.2 Separate Terms and Conditions
You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Web Site.
AposHealth® is concerned about privacy and has developed a policy to address privacy concerns.
7.4 Dispute Resolution; Applicable Law and Forum
AposHealth® has no obligation to become involved in any dispute between a user and any other person.
However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
7.6 Special Note for Parents and Children Under Age 18
This Web Site is a general audience site and is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us.
We do not knowingly collect or solicit personal information from people under 18. If we become aware that a person under 18 has provided us with personal information, we will delete such information from our files.
If you are under 18, do not attempt to provide us any information about yourself.
8. Contacting Us