Terms and conditions
These terms and conditions (together with the documents referred to) set out the terms on which DIABETES DIGITAL MEDIA LIMITED (“ we ”, “ us ”, “ our ”) supply any of the products (“ Products ”), or provide any of the services (“ Services ”), listed on our websitewww.diabetestimes.co.uk (“ Website ”) to you (whether as a guest or registered user).
Please read these terms and conditions (“ Terms ”) carefully before ordering any Products or using the Services on our Website as by ordering any of our Products or using any of our Services, you agree to be bound by these Terms. IN PARTICULAR PLEASE READ THE DISCLAIMER AND LIABILITY SECTION AT PARAGRAPHS 2 AND 22 BEFORE STARTING TO ACCESS THE SERVICES .
These Terms also apply to your use of our Website and all branded pages on third party platforms (such as Facebook or YouTube) (insofar as they are applicable) and set out the terms on which you may access / make use of our Website. Use of our Website includes accessing, browsing or registering to use our Website or any of the Services within it.
By continuing to use this Website, you accept these Terms. If you do not agree with these Terms you are not permitted to use our Website and will not be able to order any Products from, or use any Services on, our Website.
1.1. We are registered in England and Wales under company number 07975193 and our registered office is at Technology House, Sir William Lyons Road, University of Warwick Science Park, Coventry, CV4 7EZ.
1.2. Our VAT number is GB134123652.
WARNING: OUR WEBSITE IS INTENDED TO PROVIDE GENERAL INFORMATION IN RELATION TO DIABETES (AND RELATED CONDITIONS) AND ASSIST USERS IN BETTER UNDERSTANDING AND MANAGING THEIR CONDITIONS. IT IS NOT AIMED AT PROVIDING SPECIFIC ADVICE TO ANY INDIVIDUAL AND SHOULD NOT BE RELIED UPON BY YOU IN MAKING (OR REFRAINING FROM MAKING) ANY DECISIONS REGARDING YOUR HEALTH OR WELLBEING. You must therefore check any advice or information provided on our Website with your own GP (or other appropriate healthcare professional) before taking or refraining from any course of action or treatment or if you are unsure how this information, the Services or the Products available on our Website may affect your health. Failure to do so could damage your health.
3.1. Our Website is made available free of charge for domestic and private use only. You agree not to use our Website for any commercial or business purposes.
3.2. Although the contents of our Website are aimed at all users, you must be over 18 years old to purchase the Products, using the payment method displayed on our Website, or to use our Services.
3.3. If you choose to access our Website from outside the United Kingdom, you are responsible for your compliance with locals laws for that country if and to the extent that local laws are applicable.
4.1. If you wish to purchase Products from our Website, or use our Services, you may first have to register on our Website. We ask you to ensure that all information you provide to us on registration is true and accurate, current and complete. If there are any changes to the details supplied to us it is your responsibility to inform us straight away. Changes to your registration details should be made through your account page.
4.2. We reserve the right to refuse to accept any application to register on our Website for any reason.
4.3. Upon registration, you may wish to take advantage of our free member pack. This is available to residents of the United Kingdom only.
5.1. If you choose, or if you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.2. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, for any reason.
5.3. If you know or suspect that anyone other than you knows your username or password you should promptly notify us at firstname.lastname@example.org. Should you forget your password for your account, please select the “I forgot my password” option on our Website. You will be asked to submit your user name and e-mail address and a new password will be generated for you to use.
6.1. You may only use our Website for lawful purposes. You may not use our Website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming and/or harassing or attempting to harm and/or harass anyone in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out at paragraph 8 below; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.2. You also agree not to: reproduce, duplicate, copy or re-sell any part of our Website in contravention of these Terms; access without authority, interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website or any equipment or network or software owned or used by any third party.
7.1. Our Services include but are not limited to the provision of information in relation to diabetes, our Diabetes Shop, myLifestyle services, the Diabetes Forum, newsletters, surveys, bulletin boards, recruitment for clinical trials, DiabetesPA application, Hypo Program, Type 2 Testing Program, Low Carb Program, Type 2 Wellness Program, promotions and competitions, or any other services offered by us on our Website or otherwise from time to time.
7.2. Where our Services have interactive features (for example the Diabetes Forums) we will provide clear information to you about the kind of service offered. Such interactive features are moderated by us; if you would like to contact the moderator please email us at email@example.com.
7.3. The Diabetes Forum is powered by xenforo which is a bulletin board released under the “General Public License” and can be downloaded from www.xenforo.com . The xenforo software only facilitates internet based discussions, the xenforo group are not responsible for what we allow and/or disallow as permissible content and/or conduct.
8.1. Whenever you make use of a feature of our Services that allows you to post a review of our Products or otherwise input or upload content, or to make contact with other users of our Website (collectively “ Contributions”), you warrant that any and all Contributions are accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted. When requested on our Website, you must also disclose all relevant facts and (where necessary) your complete medical history as this could affect the information you are given.
8.2. Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark (or other intellectual property rights) of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abusive or an invasion of another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
8.3. Any content you input or upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
8.5. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
8.6. You warrant that all Contributions will comply with paragraphs 6, 7 and 8 of these Terms, and you will be liable to us and indemnify us for any breach of that warranty. In addition, if you fail to comply with our acceptable use and content standards, as set out in paragraph 6 and this paragraph 8, we may: withdraw your right to use our Website; remove any posting or material uploaded by you to our Website; issue a warning to you; issue legal action against you; disclose such information to law enforcement authorities as we reasonably feel is necessary; and/or any other action we reasonably deem appropriate.
8.7. Relying on Reviews and Content . Please note the views, opinions and advice expressed on our Website do not necessarily represent our views, opinions and advice and we do not accept any liability for any loss or damage arising from reliance on the same or the use of any interactive service by any user (whether via the Diabetes Forum or otherwise). Furthermore, where we publish (or otherwise make available) third party research (and associated information) related to Products, you acknowledge that such information is prepared by third parties, is outside of our control and, although the information is compiled in good faith, we do not warrant or represent that such information will always be complete, accurate, true, up-to-date and/or of value to you. It is your responsibility to carry out your own independent investigation as to whether a particular Product meets your requirements and is suitable for your medical needs.
9.1. To participate in any competitions available on our Website we ask that you follow the process outlined on the relevant webpages.
9.2. For competitions which we organise please note:
On entering into a competition on our Website you agree that, if you win, we can publish your first name on certain third party platforms in association with the competition. Please notify us at the time of entering the competition if you do not want us to use your name in this way;
We will randomly select a winner (or winners) and will notify you by email and/or on the Diabetes Forum if you have won. We will also contact you by email to obtain your address in order to send your prize;
All decisions made by us in relation to competitions are final, and no further correspondence will be entered into; and
Closing dates for competitions may be extended at our sole discretion.
9.3. For competitions which third party sponsors organise please note:
- We have no control and do not accept any liability or responsibility in relation to the decision making process in determining winners;
- We accept no responsibility for any failure by a third party sponsor to send your prize; and
- Third party sponsors may have additional terms and conditions which apply to your participation in their competitions. Please read such terms and conditions carefully. In the event there is a conflict between a third party sponsor’s terms and conditions and these Terms, these Terms shall prevail.
9.4. For all competitions, please note:
- No prize (whether in whole or in part) is exchangeable for cash or any other prize; and
- Prizes are subject to availability.
9.5. For more information on our competitions please email us at firstname.lastname@example.org .
10.1. We may, from time to time, place offers (“ Offer(s)”) on our Website, which you may choose to take advantage of. In order to receive such Offers you must ensure that you select the relevant offer when you place your order request, at which time we will provide you with specific information on the Offer selected.
10.2. Please note that our Offers may expire, after which time they may not be available. We will endeavour to update our Website where Offers expire; otherwise you will be notified that the Offer is no longer available on proceeding through the checkout process.
10.3. All Offers are subject to availability.
10.4. We reserve the right to withdraw Offers at any time, without notice to you, and for any reason.
22.1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
22.2. Although we will make reasonable efforts to ensure that information contained on our Website is as accurate and up to date as possible we do not make any representations, warranties or guarantees, whether express or implied, that information on our Website or accessible from it is accurate, complete or up to date and on this basis, we accept no liability for any loss or damage caused by inaccurate information. If you discover any inaccurate information on our Website please let us know.
22.3. You acknowledge that the Products available on our Website are manufactured by third parties and the information on each Product has been supplied by such third parties and reproduced on our Website. As a result we have no control over, or responsibility or liability in relation to, the information given to us by such third parties. Wherever possible we will endeavour to pass on the benefit of any protection we receive from third party suppliers to you, but you acknowledge and accept that we are not the manufacturers of the Products and as such (notwithstanding paragraph 22.4 below) we disclaim all liability in relation to the Products.
22.4. Our liability in connection with any Product (or Products) purchased through our Website is strictly limited to the purchase price of that Product (or Products). Nothing in these Terms seeks to limit any rights which you may have against the manufacturer of such Products.
22.5. We do not warrant or make any commitment that the Website will always be available, uninterrupted or error free (from bugs or viruses or otherwise). We will not be liable to you if, for any reason, the Website are unavailable at any time or for any period. In addition, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data or other proprietary material due to your use of Services or to your downloading of any content available via the Website, or on any website linked to it. You are responsible for configuring your information technology, computer programmes and mobile device in order to access the Website. You should use your own virus protection software.
22.6. We have no control over and assume no responsibility for the content of websites linked to from our Website; these links are provided for your information only. Such links should not be interpreted as endorsement by us of those linked websites and we will not be liable for any loss or damage that may arise from your use of them.
22.7. We accept no liability for any loss of data or for any indirect or consequential loss or damage of any kind however arising, which may be suffered by you in connection with our Website.
22.8. Our total liability whether in contract, tort (including negligence) or otherwise in connection with your use of our Website shall not (subject to paragraph 22.1 above) exceed £100.
23.1. All copyright and other intellectual property rights in the Website (including, without limitation, all materials, documentation, trade names and other proprietary information, logos, software, images, audio, video, multimedia content, photos and graphics) throughout the world belong to us (or our licensors). The rights in the Website are licensed (not sold) to you. All such rights are reserved. You have no intellectual property rights in, or to the Website, the Website or the App other than the right to use them in accordance with these Terms.
23.2. You are permitted to print and download extracts from the Website for your own personal use on the following basis:
No documents or related graphics available via the Website (whether paper or digital copies) are modified in any way;
No illustrations, photographs, video or audio sequences or any graphics available via the Website are used separately from the corresponding text; and
Our copyright and trade mark notices and this permission notice appear in all copies,
You acknowledge you do not acquire any ownership rights by downloading any material from the Website.
24.1. You are only permitted to create links to the Website from other websites provided you comply with the following conditions:
You may link to our account login page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
You must not establish a link to the Website in any website that is not owned by you;
The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the Website home page;
The website in which you are linking must comply in all respects with the Content Standards set out at paragraph Error! Reference source not found. above; and
You must acknowledge us by placing the following notice in a reasonably prominent place near the link “Diabetes Digital Media Limited”.
24.2. We reserve the right to ask you to remove any link to the Website, as determined at our sole discretion.
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. The latest version of the Terms will appear on this page – please ensure you check which version of the Terms applies to your use of the Website.
26.1. We are responsible to you for foreseeable loss and damage caused by us . If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
26.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so . This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
26.3. When we are liable for damage to your property . If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
26.4. We are not liable for business losses . The Website is for domestic and private use. If you use the Website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
26.5. Please back-up content and data used with the Website . We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website.
26.6. Check that the Website is suitable for you . The Website, and Products and Services, have not been developed to meet your individual requirements. Please check that the facilities and functions of the Website meet your requirements.
26.7. We are not responsible for events outside of our control . If our provision of the Website or support for the Website is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
27.1. If you want to learn more about the Website or have any problems using them please contact us here.
27.2. If you think the Website are faulty or mis-described or wish to contact us for any other reason please email our customer service team here.
28.1. You may only transfer your rights or your obligations under these Terms to another person if we agree to it in writing.
28.2. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
28.3. If any of these Terms are found by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
28.4. Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
28.5. Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
28.6. These Terms and any documents expressly referred to represent the entire agreement between us in relation to the subject matter thereof and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
28.7. These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
To contact us, please use our contact us here.