Terms & conditions
These terms (the "Terms") govern how the Healthwatch Communications Centre (the"Website") is managed and the provision of branded public communication tools and materials (the "Materials") by the Care Quality Commission (the "CQC") for Healthwatch England, to local Healthwatch organisations or local authorities (as applicable) to whom access to the Website has been granted ("You", and "Your" shall be construed accordingly).
Healthwatch England is an independent consumer champion and is a statutory committee of the CQC. References to "we" or "us" below are to CQC, which includes Healthwatch England. Healthwatch England is established at Citygate, Gallowgate, Newcastle upon Tyne, NE1 4PAand can be contacted at firstname.lastname@example.org or on 03000 683 000.
By clicking the "I have read and agree to the Terms and Conditions" button below, You accept the Terms and enter into a legally binding contract with CQC.
We may, at our sole discretion, modify or replace these Terms at any time. It is Your responsibility to check Terms on the Website periodically for changes. Your continued use of the Materials following the posting of any changes to these Terms or, when prompted, to review and re-accept any revised terms, constitutes Your acceptance of such changes. If You do not agree to such changes, You should stop using the Materials and leave the Website immediately.
These Terms set out the entire agreement between You and CQC and supersede all previous agreements or representations in relation to its subject matter. You agree that in entering into the Terms, You do not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.
Using our Website
Subject to Your compliance with these Terms, CQC grants You a non exclusive, non-transferable, non-sublicensable right to access and use the Website for Your individual use only. Your permission to use the Materials is further described in the next section ("Using the Materials")
CQC retains ownership of any and all Intellectual Property Rights in the content and/or functionality of and in relation to the Website or Materials. For the purpose of these Terms, "Intellectual Property Rights" means:
- copyright, rights related to or affording protection similar to copyright, rights in databases, patents and rights in inventions, semi-conductor topography rights, trade marks, rights in internet domain names and website addresses and other rights in trade names, designs, know-how, trade secrets and other rights in confidential information;
- applications for registration, and the right to apply for registration, for any of the rights listed at paragraph (a) above that are capable of being registered in any country or jurisdiction; and
- all other rights having equivalent or similar effect in any country or jurisdiction.
You agree not to do or attempt to do any of the following:
- copy, modify, adapt, publish, distribute, make available, enhance or translate the Website or any part of the Website;
- decompile or disassemble any portion of the Website or its components unless: (1) Section 50B of the Copyright, Designs and Patents Act 1988 or other applicable law confers on You any right to decompile or disassemble any portion of the Website or its components; and (2) prior to such actual or attempted disassembly or decompilation, You have notified us in writing that You require such information as is necessary to permit You to create an independent program which can be operated with any portion of the Website or the components of the Website and we have not provided such information within one month of Your written request; and (3) the information so obtained is not used for any other purpose;
- interfere with or disrupt the operation of the Website or access to it or restrict or inhibit the ability of any other person to access or use the Website;
- remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website or Materials;
- create a database by systematically downloading and storing all or any part of the Website;
- use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine", or in any way gather or reproduce the Website or circumvent the navigational structure or presentation of the Website; and / or
- use the Website or access to it for any purpose, and / or to upload any content or data, which is illegal or fraudulent, infringes any rights, such as the Intellectual Property Rights, of any third party, contains any adult content or which could in any way damage the reputation of the local Healthwatch programme, the national Healthwatch programme, CQC or any local Healthwatch organisation.
We may terminate these Terms immediately in the event that You are in breach of any of the Terms. On termination or expiry of this agreement, all rights granted to You, including, without limitation, Your right to use the Website will immediately cease and You agree immediately to cease use of the Website and Materials
Using the Materials
The Materials are the property of CQC.
CQC providing access to the Materials to You via the Website does not give You any rights in or to the Materials other than as set out in these Terms and does not constitute the transfer of a trade mark or copyright.
You are only permitted to make use of the Materials to establish a local Healthwatch organisation and to promote the local Healthwatch and Healthwatch England programmes.
You may not make copies of the Materials or distribute the Materials to any person, save that a copy of the Materials may be given by the local authority to the local Healthwatch organisation appointed by the local authority once that appointment has been made and the appointed local Healthwatch organisation has signed a licence agreement and returned a copy of the completed agreement to Healthwatch England.
When using the Materials You will comply with all style guidelines, branding guidelines, Healthwatch brand quality standards, specifications and directions laid down, given, supplied or approved from time to time by or on behalf of CQC ("Healthwatch Brand Quality Standards") as set out on the Website.
If CQC amends the Healthwatch Brand Quality Standards, You must change Your usage so that it complies with the new Healthwatch Brand Quality Standards as published on the Website within 90 days.
You recognise CQC’s title to the Healthwatch trade marks and that all goodwill generated by Your use of that trade marks will inure to the benefit of CQC.
You undertake that You will not use the Healthwatch trade marks in any way that could either prejudice or endanger the value or validity of the Healthwatch trade marks or damage the reputation of the local Healthwatch programme, the national Healthwatch programme, CQC or any local Healthwatch organisation.
The local authority agrees to stop all use of the Materials and the Healthwatch trade marks if the local Healthwatch organisation appointed by them loses the right to use the Materials and/or the Healthwatch trade marks.
Within 30 days of the appointment of a local Healthwatch organisation by the local authority, the local authority with notify CQC of the appointment and provide to CQC the full name and contact details of the newly appointed local Healthwatch organisation.
We have also developed specific logos for local healthwatch organisations to use. Please note that Your use of our logos and the Healthwatch trade marks is governed a separate trade mark licence agreement. You are not permitted to use any Materials, our logos or any Healthwatch trade marks until You have entered into this separate trade mark licence agreement with us. You can download a copy of our standard form trade mark licence agreement from our website - www.healthwatch.co.uk.
The Website and material relating to Healthwatch England information, products and services (or to third party information, products and services), is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
We do not warrant or represent that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or represent the full functionality, accuracy, or reliability of the Materials.
CQC makes no warranties or representations in respect of the functionality of the Website or Materials and excludes all implied warranties to the fullest extent possible by law (including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
We reserve the right at any time to modify or temporarily suspend access to the Website (or any part of the Website) for any reason with or without notice. You agree that we shall not be liable to You or to any third party for any loss caused by modification or suspension of access to the Website.
In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the Website or the Materials. Our only liability in respect of representations and warranties that are set out in these Terms (whether made innocently or negligently) shall be for breach of contract. Nothing in these Terms limits our liability in the case of death or personal injury caused by our negligence or the negligence of our employees, or where we have acted fraudulently, or for any other liability which by law we cannot exclude, subject to which our total liability to You under these Terms for any losses suffered by You will never exceed £100.
You will be liable for and, by using the Website, agree to indemnify and keep CQC indemnified from and against any and all claims, demands, proceedings, costs, charges, damages, loss and liability whatsoever incurred or suffered by us whether direct, indirect or consequential (including without limitation any economic loss or other loss of data, profits, revenues, business or goodwill) arising out of any dispute, claims or proceedings brought against us which relate to your use of the Website otherwise than in accordance with the Terms; and the infringement by You or any user authorised or purportedly authorised by You to use the Website of any applicable laws or the Intellectual Property Rights of CQC or any third party.
We make every effort to check and test material at all stages of production. It is always wise for You to run an anti-virus program on all material downloaded from the Internet.
We cannot accept any responsibility for any loss, disruption or damage to Your data or computer system which may occur whilst using material derived from this Website.
You may not use the Website or access it for any purpose, and / or to upload any content or data, which involves the transmission or other making available of any computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (including, without limitation, any virus, worm, Trojan horse, Easter egg, time bomb or spyware).
Account and Password
Subject to these Terms, You are only permitted to use the Website and Materials if we have given You an account and unique password. You are responsible for maintaining the confidentiality of Your password and access to Your account or password, and are responsible for all activities that occur under Your account, including use of Your account or password by third parties. You agree not to leave Your computer unattended while You are logged in with Your account. You agree to immediately notify us of any unauthorised use of Your password or of any other breach of security. We cannot and will not be liable for any loss, damage or other liability arising from Your failure to comply with this provision or from any unauthorised access to or use of Your account or password.
Governing law, jurisdiction and validity
These Terms will be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts. If any part of the Terms is held by a court to be invalid, unenforceable or illegal, the parties agree that the remainder of the Terms shall stand.