Terms and Conditions

Access agreement and disclaimer

Access Agreement between users of the ActivateYourHeart web-site at http://www.activateyourheart.org.uk and related services and The University Hospitals of Leicester NHS Trust ("the Trust").

In this agreement, the "Web site" means the ActivateYourHeart Web site at http://www.activateyourheart.org.uk and "ActivateYourHeart" means the Web-site and related services.

ActivateYourHeart is offered as a free service to you, the user. Your use of ActivateYourHeart and/or your acceptance of these terms, conditions, and notices without modifying them constitute agreement by you to all of these terms, conditions, and notices. Only those who enter into this agreement are authorised to use ActivateYourHeart.

Operator details

ActivateYourHeart is operated by the Trust. For enquiries about ActivateYourHeart, you can write to YourHeart Committee, University Hospitals of Leicester, Glenfield Hospital, Groby Road, Leicester. LE3 9QP.

Copyright and trademark notices

Product and company names mentioned on the Web-site or other Web-sites or services accessed through the Web-site are owned by third parties. All contents of the Web-site including this access agreement are the copyright of the Trust and are protected by other proprietary rights including database rights.

No part of the ActivateYourHeart service, including the Web-site and any e-mail we send, may be reproduced in any form whether electronically or otherwise without the prior written consent of the Trust.

You must retain all copyright or trademark notices contained on this Web-site on any copy you make of it or part of it. You may not sell or modify what is on the ActivateYourHeart service or reproduce, display, publicly perform, distribute, or otherwise use the content on it in any way for any public or commercial purpose. The use of such content on any other Web-site or in a networked computer environment for any purpose is prohibited.

Personalised cardiac rehabilitation plan

A section of the Web-site contains a personalised cardiac rehabilitation plan for individuals with heart disease. To access this you would need to be given an authorised password by a health care professional. Your use of the password protected areas of this Web-site are subject to the following terms:

Privacy Policy

The Personalised Cardiac Rehabilitation Plan on the Web-site allows you to log your progress and achievements and allows us to view these results and give you feedback and support through the Web-site.

[We will hold the information that you provide to us under the Personalised Cardiac Rehabilitation Plan along with your other information that we hold in your patient record for the purposes of caring for and treating you.]

The password protected areas of this Web-site incorporates the use of cookies. Cookies are small data text files that are sent from a server computer during a browsing session. Cookies are typically stored on your computers hard drive and are used by websites to simulate a continuous connection to that site. In order to make our site more responsive to your needs we use cookies to track and manage information relative to your specific requirements. In this way we can tailor our site to your needs, deliver a better and more personalised service and track the pages on our site that you visit. The use of cookies automatically identifies your browser to our computers whenever you interact with our Web-site. Your browser options allow you to disable cookies. You should note that if you do disable cookies, you may not be able to access all the services on this Web-site.]

[If you have given your explicit consent we will use your health information for Research Purposes in the following ways.]

The Trust is notified to process personal data under the Data Protection Act 1998. Here is the Trust's overall Privacy Policy for further details.

Discussion Forums

The password protected area of the Web-site contains, amongst other things, certain discussion forums, communities and/or other message or communication facilities (collectively, "Communities"). Much of the content of these Communities, including without limitation the content within a specific message or posting, is provided by and is the responsibility of the person posting in that Community. The Trust has no responsibility for such content and is merely providing access to it as part of the ActivateYourHeart service.

By their very nature, communities may carry inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. The Trust expects that you will use caution and common sense and exercise proper judgement when using the Communities.

1. Permitted and Restricted Uses

In using the service, you will:

You are responsible for all activity that takes place with your service account. You may not authorise any third party to access and/or use the service on your behalf except where the trust provides a mechanism for third parties to access the service on your behalf.

Whilst on the site you should not disclose your name, [or username] or other unnecessary personal details and you are responsible for any consequences of doing so.

You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that is legal, proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:

(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;

(b) publish, post, upload, distribute or disseminate or offer to do the same (collectively, "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information, racist, sexist or homophobic material or views;

(c) Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party ("Rights"), unless you are the owner of those Rights or have the permission of the owner to Post or transmit such material;

(d) Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

(e) advertise or offer to sell any goods or services for any commercial purpose unless you have the Trust's specific written permission;

(f) download any file Posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner;

(g) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is Posted; or

(h) restrict or inhibit any other user from using and enjoying ActivateYourHeart.

(II) No obligation to Monitor

The Trust does not control the information delivered to the Communities, and has no obligation to monitor the Communities. However, it reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, police request or governmental request, and/or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in the its sole discretion.

(III) No Endorsement

The Trust does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications Posted in the Communities nor does it endorse any opinions expressed in the Communities. You acknowledge that any reliance on material Posted in the Communities will be at your own risk.

(IV) Removal Rights

The Trust may in its sole discretion remove or request the removal of any communication on ActivateYourHeart but shall have no liability or responsibility for such removal or request for removal. It also reserves the right to terminate or restrict your access to ActivateYourHeart at any time without notice for any reason whatsoever.

(V) Privacy

You acknowledge that all Communities are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself, your children or others in any Community. The Trust does not control or endorse the content, messages or information found in any Community and, therefore specifically disclaims any liability resulting from your participation in any Community. Unless indicated otherwise, any communication which you Post to YourHeart (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by the Trust as confidential, that fact will be clearly stated.

(VI) Licence Grant

By Posting communications on or through the Web-site, you automatically grant the Trust a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

3. Links to Third-Party Sites

The Website contains hyperlinks to websites operated by third parties. These hyperlinks are provided for reference only. The Trust does not control these websites and is not responsible for their content.

A reference on the Website to any persons, products, web sites or services does not constitute or imply their endorsement, recommendation or favouring by the Trust.

The hyperlinks provided from the Website have been authorised by the Trust. If you would like to add a hyperlink to the site, you require written consent from the Trust.

The Trust reserves the right to remove any hyperlink at any time and without notice and shall not be obliged to give a reason for doing so. If you become concerned about the content of a site linked to or from the Website (or anything on the Website), please inform the Trust immediately via e-mail to communications@uhl-tr.nhs.uk.

If your complaint is about unsuitable content you may also consider reporting the matter to the Internet Watch Foundation who can be contacted via their website at www.iwf.org.uk.

4. Messages to and from the Trust

There are a number of potential risks when using e-mail of which users should be aware. This is a non technical (and very simplified) explanation of some of the confidentiality risks which exist.

Issues with e-mail

When you send an e-mail message, the message is sent in clear text, so anyone can read the content.

It is unlikely that the message you send will go straight to the computer from where it will be read. The message will be sent to a computer nearer to it’s final destination like a sequence of post boxes. Each time the e-mail goes through a post box, a copy remains in the post box. Because of the way the internet works, it is impossible to know how many post boxes the e-mail will go through on it’s journey. See figure 1.

Figure 1- Email Security Diagram

In figure 1, the message remains in post boxes (1) and (2) until the owners of those post boxes delete the message, even if the sender and receiver delete the message. So anyone who gains access to the post box has access to your e-mail message.

Many e-mail systems will also send your username and password at the start of your message with the contents of your e-mail.

There are other risks including:

These are potential problems of which you should be aware, but e-mail is convenient and used by millions of people every day.

Our advice

If the message you want to send us contains information which will identify other people or relates to someone else's medical condition or treatment, please write to us, ring us or fax us instead of emailing us.

Any e-mail or other form of communication between representatives of the Trust and other parties will be deemed covered by these Terms and Conditions.

5. No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to the Trust that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions, and notices.

6. Other General Terms
This agreement is governed by the laws of England. You consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of the Website. Use of the Website outside the UK is unauthorised.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Trust as a result of this Agreement or use of the Website. Each and every provision of this agreement is separate and severable. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the validity and enforceability of the remainder of the Terms and Conditions shall not be affected.

These Terms and Conditions constitutes the entire agreement between you and the Trust with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Trust with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Website.

7. Variation of these Terms and Conditions
The Trust reserves the right to change the Terms and Conditions and notices under which the Website is offered. We will do this by altering the Terms and Conditions on the Website and this alteration will then be of immediate effect. For this reason, you should regularly visit the Terms and Conditions on the Website as the current version will be binding on you.

Limitation on types of use

You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from ActivateYourHeart. You may not use ActivateYourHeart for anything other than the purpose outlined in this access agreement and you may not use spiders or other robotic software tools to gather information from the Web-site or use any applications which could lead to harm to the Web-site. You may not use the ActivateYourHeart service to indicate any association with ActivateYourHeart or the Trust without the Trust's prior written consent. If you would like information about obtaining the Trust's permission to use any content of YourHeart or if you would like to link your Web-site to YourHeart, please write to: ActivateYourHeart Committee, University Hospitals of Leicester, Glenfield Hospital, Groby Road, Leicester. LE3 9QP.

Liability disclaimer

Please Read Carefully!

The main purpose of ActivateYourHeart is to provide information to users about treatments and information for cardiac conditions within the UK. All information provided via ActivateYourHeart is general information which can never be treated as being a substitute for professional heath care. Do not rely upon any of the general information provided via the Web-site for medical diagnosis or treatment. You must always consult with your doctor about personal health concerns.

Messages sent to the Trust via the Web-site will be answered as and when time permits.

The Trust shall not in any event be liable for any damages (whether indirect, incidental, special, consequential or otherwise) arising out of, or in any way connected with the use of the Website, or with any delayed access to, or inability to use the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise. This does exclude or limit liability for death or person injury caused by negligence or for fraudulent misrepresentation.

If you have any immediate concerns in relation to your heart or the health of someone else you should not delay in contacting your doctor or the emergency services directly on 999.

Whilst the Trust does make every effort to check the accuracy of information published on ActivateYourHeart it cannot give any warranty that information will be accurate or up-to-date and the user acknowledges that the information and services offered on ActivateYourHeart may include inaccuracies, out of date information or typographical errors. In particular, and without limitation to the rest of this agreement, the Trust is not able to guarantee that the ActivateYourHeart service will continue or be accurate during time of server failure.

Information contained in or accessible via ActivateYourHeart changes on a regular basis. The Trust may make improvements or alterations to ActivateYourHeart at any time without notice.

The Trust is not responsible in any way whatsoever for the content of any site accessed using the Web-site, nor can it warrant that use of ActivateYourHeart will be free from virus contamination and you should take adequate steps to ensure that you virus check regularly when using ActivateYourHeart on your computer, PDA or phone.

The Trust is not in a position to know for what purpose you will use information or data provided by ActivateYourHeart and so cannot insure against loss.

The Trust makes no representations about the suitability of the information, and services contained on, or accessed via, ActivateYourHeart for any purpose. All warranties, terms and conditions with regard to this information, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law.