HealthSHIP Terms and Conditions of Service

Introduction These are the terms and conditions on which we supply services to you (our "services") through the HealthSHIP platform ("platform"). Please read these terms carefully before you register an account with us through our website https://healthship.org (our "website"). These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. If you do not agree to these terms, you must not use our services. We recommend that you print a copy of these terms for future reference.

About us

We are HealthSHIP Limited ("we/us/HealthSHIP"), a company limited by guarantee incorporated in Scotland (registered number SC658039) and having its registered office at 18 Rockwell Place, Dundee, DD3 6UZ. You can contact us using the details set out below:

By email: hello@healthSHIP.org

By phone: 08000096745

Online: by using the contact form appearing on our website.

Registration and your contract with us

Please follow the onscreen prompts on our website to provide your information so we may create your account for your use of our services. You are responsible for ensuring that your information is complete and accurate.

Our acceptance of your registration will take place when you receive our confirmation email. At this point a contract will come into existence between you and us. Use of our services is subject to your compliance with these terms and conditions. If we are unable to accept your registration for an account for any reason, we will inform you of this by email.

Nothing in these terms and conditions makes us a party to a contract between you and other users of our services and platform. We are not involved in the transactions between you and other users of our services. The services we provide are limited to connecting you with other users of our services. We accept no liability arising as a result of your dealings with other users of our services.

If you breach any term of these terms and conditions we may suspend your access to our services or terminate the contract between us. You may end your contract with us at any time. To end the contract, please contact us using the contact details provided above.

Using our platform and services

Use of our services is free of charge. The services are provided "as is". We make no guarantee that the services will be suitable for your intended use.

You may use our platform and services only for lawful purposes. As a condition of your use of our platform and services you agree that you will not:

  • violate any laws;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind, including the false identity of a student or medical staff;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm our platform or the interests or property of users of our platform;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of our platform;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access our platform and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from HealthSHIP's copyrights and trademarks;
  • bypass measures used to prevent or restrict access to our platform; or
  • use any tool that interferes with the normal functioning of our platform, including, without limitation, browser plug-ins, extensions, or other software which are designed to supplement, remove or otherwise change any of our platform’ functionalities.

Content standards

These content standards apply to any and all material which you contribute to our platform ("contribution"), and to any interactive services associated with it.

These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any contribution as well as to its whole. We do not monitor or moderate any contributions posted to the platform.

Your contribution must:

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

Your contribution must not:

  • be defamatory of any person;
  • be 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 of any other person or company;
  • be likely to deceive any person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be in contempt of court;
  • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety;
  • be likely to harass, upset, embarrass, alarm, or annoy any other person;
  • impersonate any person (with the intent to deceive), or misrepresent your identity or affiliation with any person;
  • give the impression that the contribution emanates from HealthSHIP, if this is not the case;
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act; or
  • 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.

You are solely responsible for all content that you submit to our platform (or which you allow third parties to submit through your account with us) and any consequences that may result from your post on our platform. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to end the contract between us by restricting your usage of our platform either temporarily or permanently, or refuse your registration if we believe that you are breaching these terms. In addition, if we believe that you are breaching these terms in any way and/or behaving suspiciously on our platform, we may, at our discretion, inform other users that have been in contact with you and recommend that they exercise caution.

Whenever you make use of a feature that allows you to upload content to our platform, or make contact with other users of our platform, you must comply with the content standards set out above.

HealthSHIP and the HealthSHIP community work together to keep our services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the contact form or to hello@healthSHIP.org.

Without limiting other remedies, we may issue warnings, limit or terminate the contract between users and us, remove hosted content and take technical and legal steps to keep users off our platform if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the HealthSHIP coordinators or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off our platform or not, we do not have any obligation to monitor the information transmitted or stored on our platform and we do not accept any liability for unauthorised or unlawful content on our platform or use of our platform by users.

You acknowledge that the contract between you and us may be terminated, and your profile or posts may be deleted from our platform in case we believe these terms, are breached, either directly or indirectly.

Intellectual property rights Except for the content which you post on the platform, HealthSHIP is the owner or the licensee of all intellectual property rights in the services and platform, and in the material published on the platform. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The rights in our digital content and services are licensed (not sold) to you. You have no intellectual property rights in, or to, our digital content and services other than the right to use them in accordance with these terms. You must not infringe our intellectual property rights or those of any third party in relation to your use of our digital content and services.

Our platform contains content from us, the global healthcare and student community, you, and other users. You agree not to copy, distribute or modify content from our platform without our expressed written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in our platform. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of our services (other than your own content).

You remain the owner of all content which you provide to our platform. When you share, post, or upload content to our platform, you grant to us a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You also grant each other user of our platform a worldwide, non-exclusive, royalty-free licence to access your content on the platform, and to use your content as permitted on the platform. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

You may not have the opportunity to review all of your content before posting. You continue to be responsible for ensuring that your posts are accurate, do not include misleading information and fully comply with these terms and all HealthSHIP policies (our Privacy Notice and our Cookie Policy). If you notice inaccuracies in this data after your post appears on our platform, please get in touch with us.

Liability

Nothing in these terms shall limit or exclude our liability to you where it would be unlawful to do so. This includes (but is not limited to) our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and/or our liability for fraud or fraudulent misrepresentation.

We accept no liability for verification of the identity or various memberships of users of our platform (e.g. membership in Protecting Vulnerable Groups Scheme). You are encouraged to verify the identity and memberships of other users before entering into transactions with other users.

As most of the content on our platform comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We may from time to time provide interactive services on our platform, including, without limitation user-to-user messaging and ability to comment on posted content. However, we are under no obligation to oversee, monitor or moderate the service we provide on our platform, and we expressly exclude our liability for any loss or damage arising from the use of the service by a user in contravention of our content standards set out in these terms. You agree not to hold us responsible for things other users post or do. The views expressed by other users on our platform do not represent our views or values.

Where our platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites and resources.

You acknowledge that we cannot guarantee continuous, error-free or secure access (free of viruses or bugs) to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our products. We will try to give you reasonable notice of any suspension or withdrawal.

We reserve the right to withdraw or amend any service we provide without notice. We aim to update our services regularly, and may change the content of the platform at any time. If the need arises, we may suspend access to our services, or close our platform indefinitely.

Any of the material on our platform may be out of date at any given time, and we are under no obligation to update such material.

We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of any contract between us, your use of, or inability to use our platform, use of or reliance on any content displayed on our platform, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Despite the previous paragraph, if we are found to be held liable to you, our liability to you or any third party (whether in contract, negligence, by statute or otherwise) is limited to 100 Pounds Sterling.

You agree to defend, indemnify, and hold us, our affiliates, and each of their respective officers, directors, employees, agents and advisors harmless from any and all claims, liabilities, costs, and expenses, including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and fines and legal fees and expenses (calculated on a full indemnity basis) arising out of or in connection with a breach of these terms and/or the use of the services by you or any user of your account.

Release

If you have a dispute with one or more users of our services, you release us (and our coordinators) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

Data Protection and Privacy

We will only use your personal information as set out in our Privacy Notice.

Resolution of disputes

If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by going to the HealthSHIP Contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on our platform (our Privacy Notice and our Cookie Policy) constitute the entire agreement between HealthSHIP and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms.

These terms shall be governed and construed in all respects by the laws of Scotland. You agree that any claim or dispute you may have against HealthSHIP must be resolved by the courts of Scotland. You and HealthSHIP both agree to submit to the exclusive jurisdiction of the Scottish Courts.

If we do not enforce any particular provision, we are not waiving our right to do so later.

If a court strikes down any of these terms, the remaining terms will survive.

We may transfer our rights and obligations under these terms to another organisation. We will always inform you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to HealthSHIP Limited, 18 Rockwell Place, Dundee, DD3 6UZ. We will send notices to you via the email address you provide when registering an account through our platform. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update these terms at any time, with updates taking effect when you next post or 30 days after we post the updated terms on our platform, whichever is sooner. You accept any updates to these terms by your continued use of the services. No other amendment to these terms will be effective unless made in writing, signed by you and by us.

For any help with using our services or platform please see the HealthSHIP help page.