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Terms & Conditionserms & Conditions

SMS Healthcare Partnership Limited trading as sms-health.co.uk

Website Terms and Conditions (Terms)

In these Terms, “we” and “us” mean SMS Healthcare Partnership Limited (sms-health) and “you” means you the customer or site visitor. 

Access to and use of the SMS Healthcare Partnership website - sms-health.co.uk (Website) and the services available through the Website are subject to the following Terms as may be updated by us from time to time.

1. Your acceptance

1. These are the terms on which SMS Healthcare Partnership permits users to access and use the Website including using the services and functionality made available through the Website, viewing Content provided by SMS Healthcare Partnership, communicating with SMS Healthcare Partnership and reviewing service information.

2. You agree to be bound by these Terms by:

1. using, browsing or accessing any part of the Website;

2. registering as a member through the Website; or

3. using the services and functionality made available through the Website.

3. SMS Healthcare Partnership may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

4. The Website is subject to change at any time without notice and may contain errors.

2. Using the services and functionality made available through the Website

1. Using the services and functionality made available through the Website is governed by these Terms.

2. SMS Healthcare Partnership provides its Website visitors and members the opportunity to use the services and functionality made available through the Website. By using the services and functionality made available through the Website, you are offering to use our services on and subject to these Terms.

3. Availability

1. You should note that some countries have import restrictions on certain services. If you are outside United Kingdom or Europe, you will be responsible for checking whether such restrictions apply before using the services and functionality made available through the Website.

2. SMS Healthcare Partnership reserves the right to change the services and functionality made available through the Website from time to time as required. We reserve the right to change information immediately without notice to you in the event of any errors. We also reserve the right to refuse to provide services and functionality made available through the Website based on information on our Website that is outdated, otherwise incorrect or for any other reason.

4. Content

1. SMS Healthcare Partnership has the right, but not the obligation, to monitor any information, course content, comment, content, communication, advice, text, or other material (Content) made available or posted on the Website. SMS Healthcare Partnership reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.

2. The Content on the Website is for general information purposes only. Furthermore, SMS Healthcare Partnership does not warrant or make any representations as to any third party services described or referred to on the Website including any courses offered by any company or entity that provides education services or referral services who is a registered user of SMS Healthcare Partnership (Education Provider). Any use of SMS Healthcare Partnership materials or information by another person or organisation is at the user’s own risk.

3. The Content on this Website is obtained and developed from a variety of sources including but not limited to Education Providers, collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, Education Provider, product or service.

4. SMS Healthcare Partnership provides no endorsements of any Education Provider. You agree that you are solely responsible for reviewing any courses promoted on the Website by an Education Provider to confirm the course’s suitability to your needs, the content of the course and any qualifications promoted by the Education Provider for persons completing the course. SMS Healthcare Partnership strongly recommends that you contact the Education Provider offering the course to determine its suitability to your needs.

5. While care has been taken in preparing the Content on this Website, SMS Healthcare Partnership and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.

6. You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website or to an Education Provider. You must not post any Content that will violate these Terms or the Privacy Policy.

7. If you have a complaint regarding any Content, please contact us admin@sms-health.co.uk

5. Links

1. The Website may contain links to other websites, including those of Education Providers, referral service providers or advertising partners. SMS Healthcare Partnership provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators or the goods, services or content that they describe.

2. Other web sites which are linked to the Website (including Facebook, Twitter, Google), are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. SMS Healthcare Partnership is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. SMS Healthcare Partnership is not responsible for and will not be liable in respect of any incorrect link to an external web site.

3. You are not permitted to frame or link the Website without SMS Healthcare Partnership’s express written permission.

6. Access and communication

1. SMS Healthcare Partnership does not warrant that you will have continuous access to the Website. SMS Healthcare Partnership will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

2. SMS Healthcare Partnership does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and SMS Healthcare Partnership does not guarantee the security or confidentiality of these communications or the security of the Website.

3. SMS Healthcare Partnership does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

4. The Website is a platform for users to use the services and functionality. SMS Healthcare Partnership does not make any promises over: 

1. the goods or services available on this Website; or

2. the Website and its content.

5. If you access and use this Website or its content from outside United Kingdom, you do so at your own risk. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.

7. Comparative Information

1. We may pool the information and Content you and other users of SMS Healthcare Partnership’s services, and Website provide to us (Comparative Information) and use that information in a de-identifying manner which complies with our Privacy Policy responsibilities. The Comparative Information will be general information about the operations of users of SMS Healthcare Partnership’s services and Website. The information we gather and which we may publish will not refer to, or be identifiable to, any particular user of our SMS Healthcare Partnership’s services and Website.

2. You grant a non-exclusive, royalty-free license to SMS Healthcare Partnership to use the Comparative Information during and after your use of our services and the Website (including after you are no longer a member) and for any such other purposes as we deem necessary provided use of the Comparative Information conforms with our Privacy Policy and all applicable laws.

8. Privacy

Any personal information submitted by you to SMS Healthcare Partnership is subject to and will be handled in accordance with SMS Healthcare Partnership’s privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at https://www.sms-health.co.uk/privacy-policy. You agree that, by using the Website or communicating with SMS Healthcare Partnership, you have read the Privacy Policy, understood its contents and consented to its requirements.

9. Intellectual property

1. All intellectual property rights, including copyright and patents, in the Website, SMS Healthcare Partnership’s goods and services, and all components of them are owned or licensed by SMS Healthcare Partnership or any of its related entities. You must not copy, modify or transmit any part of the Website.

2. The Website contains trademarks, logos, service names and trade names of SMS Healthcare Partnership or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names, trade names or any other Content or copies of the Content appearing on the Website.

10. Website licence and use

SMS Healthcare Partnership grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 11. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to SMS Healthcare Partnership will be treated as non-confidential and non-proprietary information.

11. Prohibited uses

1. In using the Website you must not:

             1. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing                    for the benefit of other merchants, data mine or use robots or other data collection methods;

             2. impersonate or falsely claim to represent a person or organisation;

             3. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

             4. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or                      otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or post, link to, or                    otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.

2. Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.

3. SMS Healthcare Partnership provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release SMS Healthcare Partnership from all applicable liability and responsibility.

12. Termination of your access to the Website

SMS Healthcare Partnership may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

13. Disclaimer of warranties and limitation of liability

1. To the full extent permitted by law, SMS Healthcare Partnership excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website.

2. SMS Healthcare Partnership excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.

3. SMS Healthcare Partnership excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.

4. Notwithstanding anything in this clause 13, in the event that SMS Healthcare Partnership is liable for a breach of these Terms, the maximum extent of SMS Healthcare Partnership’s liability is limited at its sole and absolute discretion to either supplying the services again or the payment of the cost of having the services supplied again.

14. Jurisdiction and law

These Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by and must be construed in accordance with the laws of England. You submit to the exclusive jurisdiction of the courts of England. 

15. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

16. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

17. Entire Agreement

These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and SMS Healthcare Partnership. Any waiver of any provision of these Terms will be effective only if in writing and signed by a Director of SMS Healthcare Partnership.

18. Contacting us

If you have questions about the Website, these Terms or Privacy Policy, please contact us at www.sms-health.co.uk