Terms of Website Use UK
1. Introduction
This page (together with the documents referred to on it) tells you the terms of use on which you, whether you are a Member or Clinician as defined in clause 3.3 below or you are browsing the site ("You"), may make use of Our Website www.respectourwishes.co.uk ("Our site"). Please read these terms of use carefully before You start to use the site. By using Our site, You indicate that You accept these terms of use and that You agree to abide by them. If You do not agree to these terms of use, please refrain from using Our site.
2. Information about us
www.respectourwishes.com is a site operated by Respect Our Wishes Limited ("We, Us, Our"). We are registered in England and Wales with company number 06637337 and Our registered office is at Old Police House, School Green, Bishop Burton, East Yorkshire, HU17 8QD. Our main trading address is Market Weighton Business Centre, York Road, Market Weighton, East Yorkshire, YO43 3GL. Our VAT number is 940 2117 63.
3. Accessing Our site
3.1 Access to Our site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our site without notice (see below). We will not be liable if for any reason Our site is unavailable at any time or for any period.
3.2 From time to time, We may restrict access to some parts of Our site, or Our entire site, to Members and/or Clinicians.
3.4 Members will be issued with a membership card with their membership number and Our website address. Upon being issued with the membership card, Members must carry at this upon their person at all times. We may issue other membership tokens at Our discretion, the Members' use of which will be subject to these Terms of Website Use.
3.5 We have no control over Members' use of their membership cards and therefore under no circumstances will We accept responsibility for a membership card misplaced by a Member. We hereby expressly exclude any liability for any direct, indirect or consequential loss or damage arising from delays in accessing either a living will, advance directive or do not resuscitate order caused by a misplaced membership card.
3.6 Members must inform Us immediately if their membership card is either lost or stolen. We accept no responsibility for and hereby expressly exclude any liability for any direct, indirect or consequential loss or damage arising from delays in informing Us about a lost or stolen membership card. Upon notification We will issue a new membership card with a new membership number subject to Our website terms and conditions of supply .
3.7 Members and Clinicians must inform Us immediately if they either know or suspect their membership number or password has become available to a third party. We have no control over the length of time Members and Clinicians take to inform Us about suspected theft of or misuse of their membership number or password and therefore We accept no responsibility for and hereby expressly exclude any direct, indirect or consequential loss or damage arising from delays in informing Us about any suspected theft of a membership number or password. Upon notification We will disable the relevant account and issue a replacement number and password as appropriate.
3.8 You are responsible for making all arrangements necessary for You to have access to Our site. You are also responsible for ensuring that all persons who access Our site through Your internet connection are aware of these terms, and that they comply with them.
3.9 You must be over eighteen years of age to be a Member.
4. Intellectual property rights
4.1 We are the owner or the licensee of all intellectual property rights in Our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 Unless stated otherwise on Our site, You may print off multiple copies, and may download extracts, of any page(s) from Our site for Your personal reference and You may draw the attention of other people to material posted on Our site. For the avoidance of doubt, Members and Clinicians may also print off multiple copies of Your living will unless stated otherwise on Our site. All copies of Your living will should bear Our watermark.
4.3 You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of material on Our site must always be acknowledged.
4.5 You must not use any part of the materials on Our site for commercial purposes without obtaining a licence to do so from Us or Our licensors.
4.6 If You print off, copy or download any part of Our site in breach of these terms of use, Your right to use Our site will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
5. Reliance on information posted
5.1 Commentary and other materials posted on Our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our site, or by anyone who may be informed of any of its contents. It is Your responsibility to obtain professional advice in relation to any materials posted on Our site and any issues arising from them.
5.2 For the avoidance of doubt, any and all information posted on Our site relating to medicine and/or medical ethics is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our site, or by anyone who may be informed of any of its contents. Again, it is Your responsibility to obtain professional advice about any information posted on Our site relating to medicine and/or medical ethics.
5.3 Respect Our Wishes Limited is in no way associated with and does not advocate medical practices intended to facilitate the end of life. Should any evidence come to Our attention that the services provided through Our site are being used fraudulently with the intention of causing physical and/or mental harm to either Members or any third parties, the account(s) concerned will be immediately cancelled subject to Our terms and conditions of supply and, subject to the relevant data protection legislation, the relevant authorities will be notified.
5.4 If the Member has not drafted their living will using the software provided on Our website, it is the Member's responsibility to have their living will, advance directive or do not resuscitate order independently validated as to its legal effectiveness.
5.5 We aim to update Our site regularly, and may change the content at any time. If the need arises, We may suspend access to Our site, or close it indefinitely. Any of the material on Our site may be out of date at any given time, and We are under no obligation to update such material.
5.6 Respect Our Wishes Limited will use its reasonable endeavours to make Clinicians aware of the National Register for Living Wills but We cannot guarantee that all or any Clinicians will be aware of either Respect Our Wishes or the National Register for Living Wills and therefore We hereby expressly exclude any liability for any direct, indirect or consequential loss or damage arising from any Clinician's lack of awareness of the National Register for Living Wills.
6. Our liability
6.1 The material displayed on Our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We, other members of Our group of companies and third parties connected to Us hereby expressly exclude:
6.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our site or in connection with the use, inability to use, or results of the use of Our site, any Websites linked to it and any materials posted on it, including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.2 This does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
6.3 For the avoidance of doubt, We hereby expressly exclude any liability for any interruption, delay or failure in the performance of any obligation because of:
6.3.1 the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated or provided by You or any third party; and
6.3.2 any other event not reasonably within Our control.
7. Information about You and Your visits to Our site
7.1 When You browse Our site We will process information about You in accordance with Our privacy policy . By using Our site, You consent to such processing.
7.2 If You are a Member uploading data to Our site, You will be given the opportunity to consent to Our protecting of any sensitive personal data You provide and also to consent to Clinicians registered with Our site being able to access Your data. Members warrant that all such data provided by them is accurate and Members must inform Us immediately of any changes to the information that they provided when registering by updating their personal details.
7.3 If you are a Clinician uploading data to Our site, you warrant that all data provided is accurate and Clinicians must inform Us immediately of any changes to the information they provided when registering with Our site.
7.4 We have no control over delays by Members and/or Clinicians in amending the data they have provided to Our site and therefore We accept no responsibility for and hereby expressly exclude any liability for any direct, indirect or consequential loss or damage arising from delays caused by Members and/or Clinicians in informing Us about changes to their data held on Our site.
8. Transactions concluded through Our site
Contracts for the supply of services formed through Our site or as a result of visits made by You are governed by Our terms and conditions of supply .
9. Viruses, hacking and other offences
9.1 You must not misuse Our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our site, the server on which Our site is stored or any server, computer or database connected to Our site. You must not attack Our site via a denial-of-service attack or a distributed denial-of service attack.
9.2 By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our site will cease immediately.
9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our site or to Your downloading of any material posted on it, or on any Website linked to it.
10. Linking to Our site
10.1 You may link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but 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.
10.2 You must not establish a link from any Website that is not owned by You.
10.3 Our site must not be framed on any other site, nor may You create a link to any part of Our site other than the home page. We reserve the right to withdraw linking permission without notice. If the website from which You are linking allows users to upload information onto the site, that site must have an acceptable use policy approved by Respect Our Wishes Limited.
10.4 If You wish to make any use of material on Our site other than that set out above, please address Your request to mandy.thomlinson@respectourwishes.com .
11. Links from Our site
Where Our site contains links to other sites and resources provided by third parties, these links are provided for Your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them.
12. Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our site. These terms of use are governed by English law.
13. Trade marks
Respect Our Wishes, the dog logo and the phrase "The National Register of Living Wills" is a UK registered trade mark (Trade Mark Number 2497813) of Respect Our Wishes Limited.
14. Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We make, as they are binding on You. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on Our site.
15. Your concerns
If You have any concerns about material which appears on Our site, please contact webmaster@respectourwishes.com .
Thank you for visiting Our site.
