These terms are intended to define the rights and obligations of users ("Users") and registered members ("Members") of the www.carenity.co.uk website and of ELSE CARE in its capacity as publisher of www.carenity.co.uk. Anyone who visits or interacts with the site, www.carenity.co.uk, is bound by these Terms, which govern the use of the site, its software and services.
2. ENTRY INTO FORCE
These conditions come into force automatically upon their first use of www.carenity.co.uk and remain in effect throughout such use.
These conditions come into effect upon activation of the Information sheet and consent page and shall remain in effect for the duration of that Member’s registration for www.carenity.co.uk services. The termination of the registration takes effect on the day on which Members lodge an unsubscribe request, or on the date of termination of registration by ELSE CARE, under the conditions described in these terms.
Services provided via the www.carenity.co.uk to Users and Members are intended exclusively for individuals over 18 years of age. All Users and Members of www.carenity.co.uk warrant to being 18 years of age or older. Because it is technically impossible to authenticate the age of Users and Members, each User and Member is responsible for preventing minors from accessing www.carenity.co.uk.
It’s currently free to register for www.carenity.co.uk services, although the cost of connecting to the Internet is the responsibility of Users and Members. However, ELSE CARE reserves the right to charge subscription fees for optional additional services, subject to prior approval by Members.
Access and use of www.carenity.co.uk are subject to these Terms and all applicable legal and regulatory provisions in force. Services provided via www.carenity.co.uk are not a substitute for consultation with competent health professionals. Users and Members must not in any circumstances use the information disseminated via www.carenity.co.uk to diagnose or determine a treatment and should consult the accredited health professionals responsible for their management and care before making any medical decision.
Although ELSE CARE makes all reasonable efforts to update information distributed by www.carenity.co.uk (as distinct from that provided by Members of www.carenity.co.uk) regularly, such information is strictly indicative and general in character and cannot be perfectly error-free. The online tools available to members do not in any way constitute a medical device nor an act of telemedicine. It is important to note that www.carenity.co.uk cannot assess the health of individual Members or Users using the data they submit via www.carenity.co.uk. Members and Users are solely responsible for any decision affecting their health and for any action taken in an emergency that is based on information posted on www.carenity.co.uk.
ELSE CARE does not verify or control the content or suitability (including scientific, medical or health plans) of data entered by members. Members and users should never, as a result of information read via www.carenity.co.uk, neglect the medical advice of their doctors or of other qualified professionals responsible for their healthcare. In an emergency, members should contact their doctor immediately or call an emergency number such as 999. ELSE CARE does not endorse or recommend any specific test or procedure, health profession, products or service that may be mentioned on www.carenity.co.uk. Members and third parties use information provided via www.carenity.co.uk at their own risk. The services provided by www.carenity.co.uk are mainly the following:
- For Users: a general information service in the field of health, forums and presentation of services available on www.carenity.co.uk;
- For Members:
- News: a page to follow news and the activity of contacts and community members;
- Discussion Groups: pages to share and exchange knowledge on illnesses with Members of the www.carenity.co.uk having the same interests;
- Private Messaging;
- Health Profile: a page to monitor key indicators of illnesses (e.g. physical form, mood, sleep quality, blood pressure, weight etc.);
- Table health board: a graphical overview of a Member’s health profile, based on the details that he or she has entered, for printing and sharing with the Member’s doctor;
- Treatments: a page to receive information and advice on medicines, such as their efficacy, side effects and notices of withdrawals;
- Knowledge Base: a page to share links to articles and videos relating to medical conditions;
- Polls: the ability to participate in surveys from health professionals.
Users and Members accept that the information disseminated via www.carenity.co.uk cannot be exhaustive or immediately updated to reflect the evolution and progress of scientific and medical knowledge. Members will be informed from time to time of changes to www.carenity.co.uk services.
Members may not use www.carenity.co.uk services or content for any purposes other than those set out in these Terms. In particular, Members shall refrain from using www.carenity.co.uk (including the services and content of other Members) to promote any product, service, facility or for any other commercial purpose. www.carenity.co.uk services and content are for the personal use of Members and may not be used for the benefit of any other business or organisation.
Membership of www.carenity.co.uk is limited to private individuals. Commercial companies (in particular, all entities involved in the health sector, such as pharmaceutical companies, medical device manufacturers and insurers) may not register as Members of www.carenity.co.uk and are not licensed to use www.carenity.co.uk without express authorisation from ELSE CARE.
Any advertising content on www.carenity.co.uk is clearly identified as such.
We validate each new advertiser systematically and reserve the right to refuse advertising if its contents could be controversial or if our team considers that it fails to promote health. Decisions are made independently of any commercial or advertising influence.
Our site hosts advertising in the form of banner. All publicity banners are identified by the word "Advertisement “. Occasionally, the site publishes paid-for content, which is written by www.carenity.co.uk. To avoid ambiguity between advertisement and editorial content, such content, is marked with the word "Advertorial".
4. THE CARENITY SCIENTIFIC COMMITTEE
www.carenity.co.uk has a scientific committee composed of physicians specialising in the fields of pathology featured in www.carenity.co.uk. Whenever necessary, the www.carenity.co.uk team consults the Committee on relevant medical questions, the operation and content of www.carenity.co.uk, matters of ethics and professional conduct. The Scientific Committee is composed of the following people:
- Professor Zahir AMOURA, Head of the Department of Internal Medicine 2, Technical Coordinator of the National Reference Centre for Lupus Pitié Salpêtrière, Paris.
- Professor Jacques BEAUNE, Chief of Cardiology at the Bron Hospital (69) and President of the French Federation of Cardiology (2007-2011).
- Dr. Edward BEGON, Hospital Practitioner, Dermatologist at Pontoise hospital (95) and St. Louis Hospital, Paris.
- Mr. Sébastien CROS, Doctor of Pharmacy and a Masters of Law in Intellectual Property.
- Professor Bertrand DAUTZENBERG, of the department of pulmonary medicine and intensive care unit at the Pitié Salpêtrière Hospital in Paris and President of the French Office for the Prevention of Smoking (OFT).
- Professor François HAAB, Head of the Department of urology at Tenon Hospital, Paris, member of the Scientific Council of the National Association of Cancer Patients Prostate (ANAMACAP ) .
- Professor Gerard HUCHON, Head of pulmonary medicine at the Hotel-Dieu Hospital, Paris and Chairman of the National Committee for the Fight against Lung Disease.
- Dr Sylvain MIMOUN, gynecologist, andrologist with expertise in psychosomatic medicine.
- Professor Jean-Jacques MOURAD, Head of Medicine unit Interne-HTA at Avicenne Hospital in Bobigny (93) , President of the French Committee of Fight against Hypertension.
- Dr. Harry SOKOL, MD, PhD, Department of Gastroenterology and Nutrition, Hôpital Saint-Antoine, Paris.
- Professor Philippe TOURAINE, manager in endocrinology and reproductive medicine at the Pitié Salpêtrière Hospital, Paris.
5. INTERACTIVE SERVICES AND COLLABORATIVE AREAS
Members unconditionally undertake at all times while using www.carenity.co.uk to comply with all legal provisions in force and in particular:
- to respect privacy, personality and image rights;
- to respect the dignity and sensitivity of other Members;
- to protect the interests of minors;
- to respect medical confidentiality;
- not to do anything defamatory, abusive, insulting, demeaning, threatening, abusive, racist, bigoted, xenophobic or violent;
- not to harass any person, advocate crimes against humanity, do anything capable of provoking racial hatred, violence or child abuse or post any pornographic content;
- protect all copyright and proprietary rights.
Members bear full responsibility for all private messages and contributions to www.carenity.co.uk collaborative and interactive spaces that are written, issued, exchanged or disseminated using their user name and password. www.carenity.co.uk keeps data for the identification of Members throughout the statutory period, and may communicate on legal requisitions.
- ELSE CARE does not moderate or otherwise edit Members’ contributions to collaborative and interactive spaces prior to posting on www.carenity.co.uk. Contributions are only moderated by www.carenity.co.uk after posting.
- At the request of any Member using the appropriate legal forms, www.carenity.co.uk shall remove promptly without notice any illegal content and especially those that breach the provisions listed above or which infringe the rights of third parties.
Private messages sent and received from www.carenity.co.uk are private correspondence and are deemed to constitute confidential information. Members may not disseminate such correspondence, or disclose confidential information comprised in such correspondence in the collaborative and interactive spaces or to unauthorised third parties or the public without the express written permission of the authors of such correspondence and any person who is referred to in such correspondence.
Members grant to www.carenity.co.uk the right to use, copy, display, perform, distribute, translate, publish and create derivative works of their contributions, subject to the protection of privacy rights and confidential information and obligations under the Data Protection Act 1998. Each Member undertakes not to disclose any personal data and or other information relating to another Member or to a third party without that person’s express written consent.
Members acknowledge that the content of contributions within interactive and collaborative spaces are publicly available online and that they must not identify any person in any way, directly or indirectly (for example by the use of a nickname or first name). Members may, however, use non-identifying words such as "patient" or "nearest".
Members acknowledge that ELSE CARE may contact them in the light of the information that they provide via www.carenity.co.uk.
6. MEMBERS’ OBLIGATIONS
Each Member represents and warrants that all information provided to www.carenity.co.uk during registration and in the course of membership is and shall be truthful, accurate, fair and not misleading. Members undertake not to interfere with or to impede the use by other Members of www.carenity.co.uk.
Members may not use www.carenity.co.uk to conduct any illegal activity or to violate the rights of others, or to provide instructions, information or guidance on illegal activities.
Each Member undertakes not to put into effect or use any robotic or other automated means to access www.carenity.co.uk. Each Member undertakes to deliver content and information free of computer viruses, spiders, Trojan horses, worms, time bombs, or any other program intended to damage, expropriate, interfere, intercept or interfere with any www.carenity.co.uk system or the data or information stored, processed or provided by www.carenity.co.uk.
Members may not use any data via www.carenity.co.uk concerning another Member to collect information about that person or to facilitate the sending of unsolicited mass communications such as spam or to allow third parties to use such information on Members.
Each Member undertakes to protect and ensure the maintenance of the confidentiality of the password and the login, and is and remains fully responsible for all activities that occur under their password or account, whether or not the Member is aware of such activities. The Member understands and accepts that ELSE CARE reserves the right to terminate these terms and conditions if the Member knowingly discloses his or her login and password to any third party.
Each Member agrees to notify www.carenity.co.uk promptly of any unauthorised use of his or her password and login or any connection in violation of the security of access to his account.
www.carenity.co.uk neither verifies nor selects the content of sites that may be linked to from www.carenity.co.uk and is in no way responsible for the content of such sites. The presence of links to such sites does not in any way signify that www.carenity.co.uk endorses them, that their content is valid or that ELSE CARE accepts any responsibility whatsoever for their content or use. The links are offered purely for interest, without any further selection, qualification or certification. Accordingly Members use such sites at their own risk.
8. INTELLECTUAL PROPERTY
CARENITY and the CARENITY logo are trade marks of ELSE CARE. Any use or reproduction of the word CARENITY or the CARENITY logo requires prior express written authorisation from ELSE CARE. Users and Members also acknowledge that ELSE CARE has exclusive title to the name www.carenity.co.uk and all goodwill in www.carenity.co.uk. Members assign all copyright in their contributions to ELSE CARE. All copyright, database rights and other intellectual and industrial property rights in www.carenity.co.uk is the exclusive property of ELSE CARE and is enforceable under national and international legislation. Accordingly, it is forbidden for any Member to exercise any copyright or other intellectual property right of ELSE CARE in www.carenity.co.uk without the prior express written authorisation from ELSE CARE and, in particular, not:
- to reproduce www.carenity.co.uk content by any means or to represent, distribute or market www.carenity.co.uk or its content in any way, whether for free or otherwise;
- to use, adapt, modify, transform, arrange www.carenity.co.uk or its content in any way whatsoever for the design, production, distribution or marketing of any similar service to www.carenity.co.uk or for any other reason whatsoever;
- to transcribe www.carenity.co.uk content, directly or indirectly, or to translate it into other language.
Any use of www.carenity.co.uk not complying with these terms and conditions, any representation, reproduction, modification, provision to a third party, in any capacity whatsoever, with or without consideration, of any commercial service that includes any element of www.carenity.co.uk is prohibited and may exposes those responsible to civil liability and criminal penalties.
In no case shall ELSE CARE be responsible for any use of www.carenity.co.uk, services provided there or for any data disseminated there. This applies in any capacity whatsoever for any decision whatsoever, including any medical decision, which is the sole responsibility of the Member. ELSE CARE does not warrant that www.carenity.co.uk, its services or the information available on the website will meet the needs of Members. ELSE CARE does not guarantee permanent or error-free access to www.carenity.co.uk or that errors or malfunctions will be corrected immediately. Members acknowledge that advice, recommendations, information and data published by www.carenity.co.uk or other Members of www.carenity.co.uk are not controlled, approved, validated or approved by ELSE CARE. Any use of www.carenity.co.uk, services that are offered and any data which is obtained from the website is done at the risk of the Members and User making such use. In no case shall ELSE CARE, its partners, collaborators, employees or directors be liable for any direct, indirect, incidental, special or consequential damages (even if ELSE CARE has been advised of the possibility of such damages) as a result of using www.carenity.co.uk or because of any reliance that a Member may make on the content or services provided on www.carenity.co.uk. Each Member shall indemnify and hold harmless ELSE CARE, its officers, employees, agents, subsidiaries, partners, and affiliates, from and against any claims, actions or demands, liabilities and settlements, including reasonable legal and accounting fees that result, or are alleged to result, from that Member’s breach of this Agreement.
10. PERSONAL DATA
ELSE CARE is responsible under the Data Protection Act 1998 (Legal Notice) for processing personal data collected from Members through www.carenity.co.uk. Processing is undertaken to allow Members and users to benefit from the www.carenity.co.uk services that interest them. The purposes of the collection and processing of personal data are:
- To facilitate the sharing of information and content related to human ailments and related products and services for the interest of Members and Users,
- To enable Members affected by the same ailment to connect to one-another,
- To facilitate the exchange of information and content between Members via private e-mail and the communal spaces and interactive discussions on www.carenity.co.uk (e.g. news, discussion forums, private messaging),
- To facilitate the monitoring of the health of Members or their loved ones (subject to that person’s express and specific consent),
- To facilitate opportunities to participate in research and studies on the basis of voluntary, active and specific consent and / or making contact with bodies responsible for conducting such studies and / or research,
- Using fully anonymised data to prevent identification, to facilitate the execution of research and / or studies (including semantics, scientific, medical, medico-economic or quality of life) by ELSE CARE for itself or on behalf of its contractual partners,
- On the basis of the Member’s voluntary, active and specific consent, to enable institutional or promotional information to be sent to Members via their private messaging service. In this context, the disclosure of personal and health data is strictly limited to ELSE CARE and to those Members whom a data subject Member specifically authorises for such purpose in the course of using the services of www.carenity.co.uk.
ELSE CARE does not transmit personal data or personal health data to any unauthorised third party. Users and Members of www.carenity.co.uk have, under Part II of the Data Protection Act 1998, a right of access to personal data concerning them, and to its rectification, opposition and deletion, which you can exercise by writing to the email address firstname.lastname@example.org. By registering with www.carenity.co.uk, Members consent to the collection, treatment and storage of his or her personal data and in particular to personal health data.
11. TERMINATION OF REGISTRATION
Each Member may at any time terminate his or her registration using the account deletion link located in his or her account settings. Each Member agrees that ELSE CARE may:
terminate his or her membership of www.carenity.co.uk immediately at any time without notice and, in particular, in the event that the Member breaches any of his or her obligations under these terms and conditions or under any applicable law;
or limit his or her access to the Member area of the site without warning or notice or compensation of any kind whatsoever.
Without prejudice to the foregoing, the following circumstances are especially likely to lead to termination of registration:
(a) breaches of these Terms or any breach of confidence;
b) non-compliance with any legal or regulatory requirement;
(c) voluntary deregistration by a Member,
(d) a technical malfunction leading to the disabling a Member’s registration; and
(e) a Member’s lack of use of www.carenity.co.uk for a continuous period of 18 months.
Members’ personal data is removed within 72 hours of deregistration for any reason whatsoever: only fully anonymised data is retained.
Members and Users acknowledge and agrees that: Records stored in www.carenity.co.uk computer systems under conditions of reasonable security will be considered proof of communications and of transmissions of information between the Users, Members, www.carenity.co.uk and ELSE CARE; Preservation and archiving of information and data are made on a reliable and durable medium; The use of his or her password and login constitutes an electronic signature, and may be used as proof of his or her express consent; In case of conflict between the ELSE CARE computer records and any written document or electronic file in possession of the User or Member, ELSE CARE computer records shall take precedence as evidence over documents of Users, Members or third parties.
www.carenity.co.uk was designed for Users and Members resident in the United Kingdom. English law governs these general conditions. Foreign (including Scottish) Users expressly accept that by using www.carenity.co.uk English law shall apply. Accordingly, Users and Members acknowledge that:
• Medical practices mentioned in www.carenity.co.uk,
• references cited in www.carenity.co.uk,
• and generally any information that is disseminated to, and / or exchanged via www.carenity.co.uk,
may not be appropriate outside England and Wales.
14. GENERAL PROVISIONS
These Terms constitute the entire agreement between Members and ELSE CARE. ELSE CARE may assign these terms and conditions at any time to any subsidiary or successor, regardless of the operation. Members and Users may not assign or transfer this Agreement to any third party. This Agreement does not create rights that may be enforced by any third party to this Agreement. ELSE CARE reserves the right to change www.carenity.co.uk at any time, including these Terms, without notice or prior information to Members and Users. Members and Users have a responsibility at all times to review these Terms: continued use will be taken as agreement to the updated Terms. If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.