Terms & Conditions

These Terms and Conditions govern your use of www.callconcern.com (“the Website”), the programs and services offered by Call Concern and your relationship with Call Concern Limited (“the Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. By registering with and/or using the Website, or participating in its Call A Day Program, Personal Health Record or any other programs or services which it may offer, you confirm that you have read, understand and accept these Terms and Conditions. If you have any questions regarding the Terms and Conditions, please contact us using the Enquiry/Message Form on the Contact Us page.

Hereafter the term "the Website" refers equally to the Website, the Call A Day Program, the Personal Health Record and any other programs or services which may be offered by Call Concern Limited via this Website.

1.   Use of the Website, the Call A Day Program and Personal Health Record

       1.1      The Website, the Call A Day Program, the Personal Health Record and any other programs or services which the

                   website may provide are provided to you for your personal use subject to these Terms and Conditions.

                   By using the Website and/or any of its associated programs or services, you agree to be bound by these

                   Terms and Conditions.

2.   Amendments

       2.1      We may update these Terms and Conditions from time to time for legal or regulatory reasons, to allow for the

                   proper operation of the Website, or for other reasons.. Any changes will be notified to you via the email address

                   which we hold for you or via a suitable announcement on the Website. The changes will apply to the use of the

                   Website  after we have given notice. If you do not wish to accept any new Terms and Conditions you should not

                   continue to use the Website. If you continue to use the Website after the date on which any change comes into

                   effect, your use of the Website confirms your agreement to be bound by the new Terms and Conditions.

3.   Registration

       3.1      To register on the Website you must be over eighteen years of age.

       3.2      You must ensure that the details provided by you on registration or at any time are correct and complete.

       3.3      You must inform us immediately of any changes to the information that you provided when registering or

                   subsequently, in order that we can communicate with you effectively.

 4.   Password and Security

       4.1      When you register to use the Website and/or the Personal Health Record, you will be asked to create a password.

       4.2      In the event that you provide any password to a third party, resulting in any legal action or threatened legal action

                   for loss or misuse of personal data, against the Company, you expressly agree to indemnify the Company for any

                   losses incurred by the Company as a result of your provision of your password/s to a third party.

       4.3      If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website, we

                  may require you to change your password or we may suspend your account.

5.   Call A Day Program and Personal Health Record

       5.1      The Call A Day Program is strictly of a non-medical nature. We are unable to make any assessment concerning

                   any medical, health related or any other matter, or to offer any advice or suggestions or to draw inferences of

                   whatever nature. Any Client in doubt concerning their medical, health or any other personal situation should

                   seek appropriate medical advice and/or related assistance at their earliest opportunity. When using this Program,

                   all participants accept that the health and wellness of all Clients at all times is entirely the Client's responsibility.

       5.2      The Call A Day Program and Personal Health Record template are provided on a basis of best endeavours only.

                   We make no guarantee or any other warranty that the service will be fault, error or ommission free and by

                   participating in these facilities you agree that we can have no liability whatsoever in this regard and from any

                   failures of same.

                   Neither constitutes a medical service and as such we can accept no responsibilities or liabilities whatsoever

                   concerning matters of a medical, health-related or any other nature. By using or participating in these services,

                   you understand and accept this.

       5.3      The Call A Day Program may verify that the person being called answered the call at that time. We do not accept

                   liability should they become ill, undergo an accident, any deterioration in health or any other untoward

                   occurrance subsequent to the call being made.   

       5.4      Our offer to contact a Subscriber should it appear to be advisable for any reason following a call being  

                   answered, is made strictly on a basis of best intentions only. We accept no liability for assessment of situations

                   of a medical and/or health related or any other nature nor an obligation to respond to them.

       5.5      It is possible that the Call A Day Program, the operation of the Personal Health Record and the website may be

                   subject to interruption and failure due to factors beyond our reasonable control.  We accept no liability of

                   whatsoever nature for any such occurrences and by using the website or any of its programs or facilities, you

                   understand, agree and accept this.

       5.6      If you take out an advance subscription to the Call A Day Program, you thereby authorise us to debit your account 

                   with your monthly subscription payment until/unless you have canceledl. You accept that refunds cannot be

                   made once a payment has begun being processed and cancellations must be made in advance of this.

 6.   Intellectual Property

       6.1      The content of the Website is protected by copyright, trade marks, database right and other intellectual property

                   rights. You may retrieve and display the content of the Website on a computer screen, store such content in

                   electronic form on disk (but not any server or other storage device connected to a network) or print a copy of such

                   content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary

                   notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the

                   materials or content on the Website without written permission from the Company.

 7.   Your Use of the Website

       7.1      You may not use the Website for any of the following purposes:-

                   7.1.1      Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or

                                  otherwise objectionable material or otherwise breaching any laws.

                   7.1.2      Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches

                                  any applicable laws, regulations or codes of practice.

                   7.1.3      Interfering with any other person’s use or enjoyment of the Website.

                   7.1.4      Making, transmitting or storing electronic copies of materials protected by copyright without the

                                  permission of the owner.

       7.2      You will be responsible for our losses and costs resulting from your breach of this clause 7.

 8.   Availability of the Website

       8.1      Although we aim to offer you the best service possible, we make no promise that the services of the Website will

                  meet your requirements. We cannot guarantee that the services will be fault-free and make no warranty and

                  accept no liability whatsoever in this respect. If a fault occurs with the Website, you should report it to us by

                  completing the Enquiry/Message Form and we will attempt to correct the fault as soonas we reasonably can.

       8.2      Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of

                   new facilities or services. We will attempt to restore the service as soon as we are able.

       8.3      Similarily the Website may be subjected to unplanned down time for which we will attempt to restore the service

                   as soon as we are able. We make no guarantee that down time will not occur for whatever reason or length of

                   duration and make no warranty and accept no liability whatsoever in this respect.

 9.   The Company’s Right to Suspend or Cancel your Registration

       9.1      We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your

                   obligations under these Terms and Conditions.

       9.2      You can cancel your registration at any time by by using the Enquiry/Message Form or by contacting us by

                   using the telephone number on the Website.

       9.3      In the event that you cancel your registration, you may continue to use the Website subject to these Terms &

                  Conditions. You may continue to use the Website for the storage of personal health records and other personal

                  data, as applicable. Until such time as you follow the procedure for the removal of personal health

                  records and any other personal data from the Website, you agree that our retention of any personal data uploaded

                  to the Website by you, is relevant and not excessive in accordance with the Data Protection Act 1998..

       9.4      The suspension or cancellation of your registration and your right to use the Website shall not affect either          

                   party’s  statutory rights or liabilities.

 10.   The Company’s Liabilities

       10.1    The Website may provide content from other Internet sites or resources. While the Company tries to ensure

                   that material included on the Website is correct, reputable and of high quality, it does not make any warranties or

                   guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the

                   Website we will attempt to correct the inaccuracies as soon as we reasonably can.

       10.2    If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as

                   a result to the extent that they are a foreseeable consequence to both of us at the time you use the Website. Our

                   liability shall not in any event include business losses such as lost data, lost profits or business interruption.

       10.3    This clause 10 shall not limit or affect our liability resulting from any products sold through the Website being

                   found to be unsafe or if any of our actions negligently causes death or personal injury.

       10.4    Call Concern Limited is a UK based company which is registered in England and Wales and is governed by the

                   laws of England and Wales.  Should you for any reason wish to pursue a litigious claim or action against the

                   Company you must issue the proceedings in England or Wales.       

 11.   Third party websites

         11.1    As a convenience to customers, the Website may include links to other websites or material which are beyond

                     its control. The Company is not responsible for content on any site outside the Website.

 12.   Applicable law

        12.1    These Terms and Conditions will be subject to the laws of England and Wales and the courts of England and

                     Wales shall have exclusive jurisdiction over any disputes arising out of, under, or in connection with these

                     Terms and Conditions.

 13.   International use

         13.1    We make no promise that materials on the Website are appropriate or available for use in locations outside the

                     United Kingdom, and accessing the Website from territories where its contents are or may be illegal or unlawful

                     is prohibited.

        13.2     If you choose to access this site and submit any content, including but not limited to, your own personal health

                    records or those of a third party, and request the Company to telephone or otherwise contact any third party on

                    your behalf from locations outside the United Kingdom, you do so on your own initiative and are responsible for

                    compliance with local laws.

        13.3     In the event that you upload or access any personal data and/or personal health records of a third party via the

                     Website, you warrant that you have the necessary permissions of that third party and are acting in complance

                     with local laws.

                     In uploading or accessing personal data and/or personal health records of a third party resulting in any legal

                     action or threatened legal action for loss or misuse of personal data against the Company, you expressly agree

                     to indemnify the Company for any liability or loss incurred by the Company as a result of your uploading or

                     accessing persoal third party data and/or records to the Website.

 14.   Miscellaneous

        14.1     You may not transfer any of your rights under these Terms and Conditions to any other person.

                     We may transfer our rights under these Terms and Conditions to another business where we reasonably

                     believe your rights will not be affected.

        14.2     If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be

                     entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and  

                     Conditions.

        14.3     The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances

                     beyond its reasonable control.

        14.4     The Website is owned and operated by Call Concern Limited whose registered address is Unit 36, 88-90

                     Hatton Garden, London, EC1N 8PN.

        14.5     If you have any queries please contact us via the Enquiry/Message Form or the telephone number on the

                     Website.

 

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