Terms of Use

AposHealth®.co.uk Website Terms of Use

Effective Date: April 2015

Please read these Terms of Use carefully prior to using this Web Site.

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.

Use of this Web Site is governed by the terms and conditions below (“Terms of Use”).

By using this Web Site you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Web Site.

You may not use this Web Site and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with AposHealth® as specified herein; or (b) you are a person barred from using this Web Site under the laws of England and Wales or other countries including the country in which you are resident or from which you use this Web Site.

Although we operate internationally, the servers that host this Web Site are located by UKFast.net Ltd and located in the UK. Any personal details you provide will be primarily processed by them. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy https://www.www.aposhealth.co.uk/about/privacy-policy/.

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.

AposHealth® grants you a limited license to access the Site and use the Services in accordance with these Terms of Use and the instructions and guidelines posted on the Site. AposHealth® reserves the rights to terminate your license to use the Site at any time and for any reason or, in the future, charge for commercial usage.

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.

We recommend that you print a copy of these Terms of Use for future reference. AposHealth® reserves the right to change these Terms of Use at any time. We recommend that you periodically check these Terms of Use for changes.

1. Intellectual Property Rights

1.1 Ownership

AposHealth®, Apos®, the AposHealth® and Apos® logos, 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®.

AposHealth® originated content included on the Site, such as all content, text, images, data, information and other material displayed, available or present on this Web Site (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectuaal Property Rights”), are the property of AposHealth®, its affiliates, its licencors or the designated owners, and are protected by applicable intellectual property laws. All such rights are reserved. You should assume that everything you see or read on this Web Site is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in these Terms of Use. Except as set out in these Terms of Use, no reproduction of any AposHealth® originated Content is permitted without prior written permission from 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

You may access, use and display this Web Site on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws.

Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Web Site or the Content without our prior written permission.

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

Except as provided in this Web Site Privacy Policy, any Content that you submit to this Web Site or AposHealth®, including but not limited to e-mail you send to us through this Web Site (“User Content”), will be deemed to be non-confidential and non-proprietary and may be disclosed through this Web Site to unknown persons on a worldwide basis without control by AposHealth®, including for browsing, downloading, printing and other uses by such other persons or entities.

You agree not to submit User Content to this Web Site or AposHealth® except for User Content that is fully authorized for purposes of this Web Site and complies with these Terms of Use (including Clause 1.4 Acceptable Use and Clause 1.5 User Content Standards), and you will not infringe upon any person’s Intellectual Property Rights in connection with such submissions. You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

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®.

AposHealth® does not endorse any User Content, or third party product or service that may appear on this Web Site. We will not be responsible, or liable to any third party, for the content or accuracy of any User Content submitted by you or any other user of this Web Site. Nothing in these Terms of Use shall obligate AposHealth® to use any User Content you submit or permit the posting of such User Content on this Web Site.

We have the right to remove any content submitted by you if, in our opinion, it does not comply with Clause 1.4 (Acceptable Use) or our content standards set out in Clause 1.5 (Contents Standards) below. We will determine, in our discretion, whether there has been a breach of these Terms of Use. Failure to comply with these Terms of Use may result in us taking action, including but not limited to immediate, temporary or permanent withdrawal of your right to use this Web Site, legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

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.

You are responsible for maintaining the confidentiality of any password(s) you are given to access this Web Site, and you are fully responsible for all activities that occur under your password(s) and use of your account. You agree to notify us immediately if you suspect any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity. We have the right to disable any password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

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

We do not guarantee that this Web Site, or any content on it, will always be available. AposHealth® may in its discretion modify, edit, translate, suspend, restrict access to or terminate all or any part of this Web Site, these Terms of Use, the Content or any link at any time without liability or prior notice.

AposHealth® may in its discretion terminate the browsing of, registration with and use of this Web Site by any user at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to this Web Site. You are also responsible for ensuring that all persons who access this Web Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

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

3.1 Compliance

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 will only use this Web Site for the permitted purposes stated in these Terms of Use, and will not engage in abusive activity with respect to this Web Site.

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

You agree to cooperate with all reasonable requests of AposHealth® and will notify AposHealth® promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this Web Site.

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

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.

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.

6. Indemnification

You agree to defend, indemnify and hold harmless AposHealth® and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Web Site, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Web Site.

7. Miscellaneous

7.1 General

AposHealth® and you are independent entities, and nothing in these Terms of Use, or via use of this Web Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between AposHealth® and you.

These Terms of Use (including any terms and conditions incorporated by reference) supersede any previous agreement and represent the entire agreement between AposHealth® and you.

7.2 Separate Terms and Conditions

From time to time in connection with your use of and/or access to Content contained in certain areas of this Web Site, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use.

You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Web Site.

Any such terms will not vary or replace these Terms of Use regarding any use of this Web Site, unless otherwise expressly stated.

7.3 Privacy Policy

AposHealth® is concerned about privacy and has developed a policy to address privacy concerns.

You can find the current privacy policy at https://www.www.aposhealth.co.uk/en/terms.

The Privacy Policy is hereby incorporated into these Terms of Use by reference, and constitutes a part of these Terms of Use.

7.4 Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising out of or in connection with this Web Site or these Terms of Use (including without limitation the Privacy Policy), you agree to negotiate in good faith and undertake reasonable efforts to cooperate with AposHealth® in order to achieve a mutually satisfactory resolution.

AposHealth® has no obligation to become involved in any dispute between a user and any other person.

This Web Site, these Terms of Use and any dispute arising in connection therewith are exclusively governed by and construed in accordance with the laws of England and Wales.

You and we agree that the courts of England and Wales will have exclusive jurisdiction to settle any claim, dispute or matter of difference which may arise in any way whatsoever out of or in connection with these Terms of Use (including without limitation claims for set‑off or counterclaim) or the legal relationships established by these Terms of Use.

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.

You further agree that AposHealth® is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use.

7.5 Modification of Terms of Use and Privacy Policy

These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and AposHealth® with respect to their subject matter and supersede any prior agreement or communication.

These Terms of Use are subject to change from time to time.

If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and AposHealth® shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use.

Your obligations pursuant to these Terms of Use shall survive termination of this Web Site, any use by you of this Web Site, any User Content on this Web Site, or these Terms of Use.

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

If you have any questions regarding these Terms of Use or this Web Site, please contact us by e-mailing us at [email protected].