(1) Introduction
These terms and conditions govern your use of our blog located at http://tunstall-telehealthcare.blogspot.com/ now http://blog.tunstall.com/ (the “blog”); by using our blog, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our blog. Any submission of material by you to the blog means that you accept, and agree to abide by, all the terms and conditions of these terms and conditions. These terms and conditions supplement our terms of website use http://uk.tunstall.com/terms-and-conditions and our privacy policy http://uk.tunstall.com/privacy-policy

“Tunstall Healthcare (UK) Blog” is a site operated by Tunstall Healthcare (UK) Limited.  We are registered in England and Wales under company number 1332249 and we have our registered office at Whitley Lodge, Whitley Bridge, Yorkshire DN14 0HR, which is also our main trading address.  Our VAT number is 182879709.

(2) Moderation
In these terms and conditions, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that is submitted to our blog, for whatever purpose, and “your user content” means user content submitted by you. The blog is fully moderated.  All user content submitted to the blog will be checked by us for compliance with our content standards in Condition 6 below (Content Standards) before it is published.  We will try to publish as much user content as we can but we cannot guarantee that all user content will be published.  We also cannot guarantee how quickly user content will be posted on the blog as this will depend on other editorial commitments.

Although the blog is fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the blog or any other service we provide on our site and we may stop moderating the blog at any time.  We reserve the right to remove, or to disable access to, any user content which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights. We expressly exclude our liability for any loss or damage arising from the use of the blog by any person in contravention of these terms and conditions.

(3) Licence to use the blog
Unless otherwise stated, we or our licensors own the intellectual property rights in the blog and material on the blog. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the blog for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

  1. republish material from this blog (including republication on another blog);
  2. sell, rent or sub-license material from the blog;
  3. show any material from the blog in public;
  4. reproduce, duplicate, copy or otherwise exploit material on our blog for a commercial purpose
  5. edit or otherwise modify any material on the blog; or
  6. redistribute material from this blog except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(4) Acceptable use
You must not use our blog in any way that causes, or may cause, damage to the blog or impairment of the availability or accessibility of the blog; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our blog to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our blog without our express written consent. You must not use our blog to transmit or send unsolicited commercial communications. You must not use our blog for any purposes related to marketing without our express written consent.

(5) Use of the blog by minors
The use of the blog by a minor is subject to the consent of their parent or guardian.  We advise parents who permit their children to use the blog that it is important that they communicate with their children about their safety online.  Minors who are using the blog should be made aware of the potential risks to them and of their obligation to comply with these terms and conditions when using the blog.

(6) Restricted access
Access to certain areas of our blog is restricted. We reserve the right to restrict access to other areas of our blog, or indeed our whole blog, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our blog or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.

(7) User generated content
Although you will still own the copyright in your user content, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. By submitting your user content to the blog, you are warranting that you have the right to grant to us the licence described above. If you are not in a position to grant such a licence to us, please do not submit your user content to the blog. Your user content must:

  • be accurate (where it states facts);
  • be genuinely held (where it states opinions);
  • comply with the law applicable in England and Wales and in any country from which it is posted;
  • be relevant.

Your user content must not:

  • be illegal or unlawful;
  • be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law);
  • be defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
  • infringe any copyright, database right or trade mark of any other person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • be in contempt of court;
  • be likely to harass, upset, embarass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person;
  • give the impression that the user content emanates from Tunstall Healthcare (UK) Limited if this is not the case;
  • advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
  • contain any advertising or promote any services or web links to other sites.

You must not submit any user content to the blog that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our blog, or stored on our servers, or hosted or published upon our blog.

(8) Limited warranties
Whilst we endeavour to ensure that the information on this blog excluding user content is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the blog remains available or that the material on the blog is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this blog and the use of this blog including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

(9) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our blog) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of our blog or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

  1. to the extent that the blog and the information and services on the blog are provided free-of-charge, we will not be liable for any loss or damage of any nature;
  2. we will not be liable for any consequential, indirect or special loss or damage;
  3. we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
  4. we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.

(10) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including:

  • suspending your access to the blog (either permanently or temporarily);
  • prohibiting you from accessing the blog;
  • blocking computers using your IP address from accessing the blog;
  • contacting your internet service provider to request that they block your access to the blog;
  • issue of a warning to you;
  • bringing court proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisors) resulting from the breach;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

(11) Complaints
If you wish to complain about any user content posted to the blog, please contact us at marketing@tunstall.com We will then review the user content and decide whether it complies with our Content Standards set out above.  We will deal with any user content which, in our opinion, violates our Content Standards as described above (see Condition 11 above “Breach of these terms and conditions”).  We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

(12) Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our blog from the date of the publication of the revised terms and conditions on our blog. Please check this page regularly to ensure you are familiar with the current version.

(13) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(14) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(15) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(16) Entire agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of our blog, and supersede all previous agreements in respect of your use of this blog.

(17) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.