Terms and Conditions
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Introduction
- This agreement applies to and between you, the User of this Website and My Health Heroes Ltd, a company registered in England and Wales with a registered office at 17 Abbots Close, Guildford, GU2 7RW and Company Number 123456789. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website operated by My Health Heroes ("us", "we", or "our").
- In this Agreement “you” and “your” refer to Users and prospective Users of our website, “we”, “company”, “us” and “our” refer to My Health Heroes and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the Users and ourselves, or either the User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to Users in the most appropriate manner, for the express purpose of meeting the User’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
- Any and all use of our services is subject to this Agreement, which may be updated by us from time to time with a reasonable notice given to you except where we are required by law to effect such change immediately or where there have reasonable reasons to make such changes. Any such change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
- By using our website (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.
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Unauthorised access
- It is unlawful to try and gain unauthorised access to this site, its servers, or any computer or database connected to this Site. You must not attack this site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing a criminal offence. In the event of such a breach, your right to use this Site will cease immediately.
- 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 you downloading any material posted on it, or on any website linked to it.
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Our Service
- We at My Health Heroes through the power of technology can help improve the accountability and credibility of users on our website by publishing impartial feedback on their work. My Health Heroes takes steps to verify the credentials and company status of its members (the “Vetting Process”) and collect and collate feedback from customers of its members by means of feedback (“Monitoring”). We also collate recommendations from the public in relation to our members and the services they provide (“Recommendations”). The results of the Recommendation, Vetting and Monitoring processes are published on the Website.
- Through our service, we aim to promote quality service, workmanship, and best practice among our members and in turn, promote our members to the public, isolating unqualified individuals.
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Intellectual Property
- Subject to other terms in these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of My Health Heroes or our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable local and international Intellectual Property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
- Notwithstanding the foregoing, members are herein granted the license to download, copy and/or print pages of the Website for personal, non-commercial use only or for promoting their business.
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Links to Other Websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of My Health Heroes or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or those in control of them. We advise that you read through their terms carefully before using the linked sites.
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User Accounts and Content
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You are required to create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account.
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In creating an account and becoming a member, we ask that you provide complete and accurate information about yourself to bolster your credibility. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
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By continuing to use this Website, you represent and warrant that
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all information you submit is accurate and truthful;
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you have permission to submit Payment Information where permission may be required; and
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you will keep this information accurate and up to date;
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information provided does not infringe the copyright or any intellectual property rights of any person and where such content relates to an image, you must ensure that all necessary consents and authorisations have been obtained;
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the information complies with the Privacy Notice and does not disclose any personal or confidential information;
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the information does not contain material that is or potentially could be defamatory, obscene, aggressive, offensive, hateful, inflammatory or rude;
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the information complies with applicable law in the UK and in any country from which the content is posted or viewed and does not promote illegal activity.
- We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact My Health Heroes immediately to suspend your Account accordingly.
- When you upload any content (including text or photographs) to the Website, you assign all rights in such content to My Health Heroes. You agree to My Health Heroes using the name you submit in connection with the content you upload. You also agree that once you have submitted content, the content will become property of My Health Heroes and you cannot recall any part of such content.
- You agree and understands that My Health Heroes reserves the right to edit the content you upload to amend spelling, grammar, punctuation, length, for the purposes of clarity and to ensure that the content can comply with the Content Standards.
- Where content you upload does not comply with the Content Standards or requires clarification, My Health Heroes may contact you for further information, before publishing such content.
- My Health Heroes will not be responsible, or liable to any third party, for the content or accuracy of any content uploaded by you to the Website.
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Use of the website
- When using the website and our service, you shall act in accordance with the following rules:
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- It is advised that submissions are made using the English language;
- You must be polite to our staff should you ever contact them. You shall not use any swear word or make any racist, sexist, threatening words towards them;
- You must not display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or website without our prior written consent;
- You must not use our site or services available on it for illegal activities;
- Any attempts to publish or send malicious content through spyware and viruses or other similar things, with the intent to compromise another member’s account or computer environment is strictly prohibited;
- You may not create a false identity on the Site, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your name, address etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful;
- You must not use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content.
- You accept that My Health Heroes may retain copies of any and all communications made to us. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information as required by law. After the termination of your agreement with us or inactive account for 12 months, we will delete this communication.
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Termination and Cancellation
- We may terminate your transaction if we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to cancel an account at our sole discretion if we believe there has been an issue of fraud or misuse of our website. We shall immediately notify you of this cancellation and provide you with the next course of action.
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OUR RESPONSIBILITIES
- Your safety when using our site is paramount to us. Hence, all reasonable skills and care shall be taken to ensure your safety when using our website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.
- We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension.
- If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees, affiliates, partners, fire, earthquake, strike, state of emergency and other things beyond our control), we will not be liable for this.
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Disclaimers
- We do not make any warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- My Health Heroes make no claims or promises with respect to any third party affiliates, partners, contractors or other similar third parties. Accordingly, My Health Heroes will not be liable to you for any loss or damage that might arise from their actions or omissions. Your purchase and use of products or services offered by third parties through the site is at your discretion and risk.
- My Health Heroes expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by third parties listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Whilst we do our best to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their security, their details and computers/devices.
- Third-party websites with links from the Site have not been verified or reviewed by My Health heroes and use and access of such third-party websites are made at your own risk.
- Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to or use of our site.
- We disclaim liability for any (i) loss of profits, (ii) business interruption, (iii) reputational harm, or (iv) loss of information or data.
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product/service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update the information at any time without prior notice.
- Whilst every effort is made to verify statements and information submitted by the public and My Health Heroes members, the information compiled by My Health Heroes is based on information supplied by various individuals and businesses, it does not represent the views of My Health Heroes and My Health Heroes cannot be held responsible for any omissions or inaccurate claims that may appear.
- . You hereby agree not to hold My Health Heroes (or My Health Heroes’ agents, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the website or associated Services and My Health Heroes expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
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Modification of Service and these Terms and Conditions
- My Health Heroes reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. We shall provide you with reasonable notice if we make any change to this agreement except where we are required by law to effect such change immediately or where there are reasonable reasons to make such changes. If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.
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Limitation of Liability
- To the maximum extent permitted by law, My Health Heroes accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk. We accept no liability for any disruption or non-availability of the Website or application or any third-party services, resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:
- any incorrect or inaccurate information on the Site and all interruptions to or delays in updating the Service;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Site;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by the User accessing, using or downloading the Site, or from transmissions via emails or attachments received from My Health Heroes or its licensees.
- any incorrect or sub-standard product or service provided by third parties through this Website.
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Indemnification
- You agree to defend, indemnify and hold harmless My Heath Heroes, its employees, directors, shareholders, from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to our site and Services;
- your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein;
- your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
- your violation of any applicable law, rule or regulation;
- any fraudulent behaviour, wilful misconduct or gross negligence;
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No Waiver
- Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any breach by you at any time.
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Severability
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In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
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Resolving Disputes
- Any dispute between users and My Health Heroes arising from this Agreement shall be resolved through mediation if not resolved informally by the parties within 15 days of the dispute arising. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator agreed upon by the parties. The cost of mediation and arbitration shall be borne by the party bringing the dispute or claim.
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Previous Terms and Conditions
- In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
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Third Party Rights
- Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and My Health Heroes.
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Law and Jurisdiction
- These Terms and Conditions and the relationship between you and My Health Heroes shall be governed by and construed in accordance with the laws of England and Wales you agree to submit to the exclusive jurisdiction/courts of England and Wales.
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Entire agreement
- These Terms, the Privacy Policy, refund policy and any other agreement contained on the Site or agreed by the parties constitute the entire agreement between you and My Health Heroes.
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How to contact us
- If you have any questions about our company’s Terms and Conditions, or you would like to exercise one of your data protections rights, please do not hesitate to contact us on our contact details provided on this website.
(Revised: 16 November 2021)