TERMS OF USE

This Terms of Use Agreement (this "Agreement") is entered into between (1) you ("you"), the user of this wesbsite and its associated applications at www.ostomyadvisor.com ("the Site") and (2) Ostomy advisor (Holdings) LTD, P.O. Box 1070, Princes Risborough, HP22 9PL ("we" or "us").

Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these TERMS AND CONDITIONS and supporting PRIVACY POLICY and MEDICAL DISCLAIMER.

PRIVACY POLICY and MEDICAL DISCLAIMER.

By entering the site, you acknowledge and agree that you have read and understand these TERMS OF USE, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.

You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the us. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

COOKIES

If you continue to use our site, you agree to our use of the following cookies:

a. Session cookies (ASP.NET_SessionId). This cookie is set upon arrival to our site and operates to enhance your experience for the duration of that visit. It keeps a record of any preferences that you have set during that visit. It also allows information entered into fields of online forms to be retained so that if you need to resubmit a form within the same browsing session you do not have to reenter all the information. Instead the previous attempt is saved and can be edited, saving you time. This cookie is anonymous for the duration of the session and is permanently deleted when you close your browser.

b. Google Maps (APISID, HSID, NID, PREF, SAPISID, SID, SSID). These cookies are usedby Google to store user preferences and information when viewing pages with Google Maps on them.

c. Google Analytics. Cookies are used by Google Analytics to collect anonymous information about how visitors use our site, including the number of visitors, where they came from and the pages they visited. The cookies which Google Analytics uses on this site are:

d. _utma: Records the number of times a user has visited the site as well as the time of their first and last visit

e. _utmb: Stores details of the moment when a user enters a site

f. _utmc: Stores details of the moment when a user leaves a site

g. _utmz: Records where the user came from including details of the search engine, keywords

and links used.

We use this information to compile reports and to help us improve our site. Information will not be used by us or by Google Analytics to identify or target you for the purposes of advertising or marketing.

INTELLECTUAL PROPERTY

You acknowledge that all intellectual property rights on the Site and throughout the world belong to us and that the right to access the Site and to use its information, documentation and associated applications is not sold to you and that therefore your access to the Site may be withdrawn without notice.

You are permitted to print and download extracts from the Site subject to you agreeing:

a. not to make alterations to, or modifications of, text or data contained on the Site nor to permit the Site or any part of it to be combined with, or become incorporated in, any other programs;

b. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Site. 

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including without limitation photographs and graphical images) are owned by us. For the purposes of this Agreement, any use of extracts from the Site other than in accordance with this Agreement for any purpose is prohibited and this includes social medial and other forms of "sharing".

If you breach any of the terms of this Agreement your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.

PRIVACY POLICY

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Ostomy advisor (Holdings) LTD, P.O. Box 1070, Princes Risborough, HP22 9PL

We may collect and process the following data about you:

(our site). This includes information provided at the time of registering to use our site,

subscribing to our service, posting material or requesting further services. We may

also ask you for information when you report a problem with our site.

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Please note that our advertisers may also use cookies, over which we have no control.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the securityof your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We use information held about you in the following ways:

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box at the point of registration or contact us in writing to Ostomy advisor (Holdings) LTD, P.O. Box 1070, Princes Risborough, HP22 9PL.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

We may disclose and pass on your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

We may disclose and pass on your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

In circumstances where we sell any business which holds your information the rights and obligations described herein will pass to the buyer of such business. 

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Ostomy advisor (Holdings) LTD, P.O. Box 1070, Princes Risborough, HP22 9PL

Our site may, from time to time, contain links to and from the Sites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

MEDICAL DISCLAIMER

This website (www.ostomyadvisor.com) and all and any associated application(s) contains general information about medical conditions and treatments. The information is not advice, and should not be treated as such.

The medical information on this Site is provided without any representations or warranties express or implied. We make no representations or warranties in relation to the medical information on this Site.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that the medical information on this Site will be constantly available, or available at all; or that the medical information on this Site is complete, true, accurate, up-to-date, or non-misleading.

You must not rely on the information on this Site as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard

medical advice, or discontinue medical treatment because of information on this Site.

Nothing in this medical disclaimer will:

  1. limit or exclude our liability for death or personal injury resulting from negligence;
  2. limit or exclude our liability for fraud or fraudulent misrepresentation;
  3. limit any of our liabilities in any way that is not permitted under applicable law; or
  4. Exclude any of our liabilities that may not be excluded under applicable law.

Responsibility for any information, views, comments and advice as set out on our Site and associated applications lie entirely with the author(s) and are not necessarily the views and recommendations of Ostomy advisor (Holdings) LTD or any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

OUR LIABILITY

Nothing in this Agreement or the aforementioned MEDICAL DISCLAIMER shall exclude or in any way limit the our liability for fraud, or for death and personal injury caused by our negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law. We shall not be liable under or in connection with this Agreement or any collateral contract for:

  1. loss of income;
  2. loss of business profits or contracts;
  3. business interruption;
  4. loss of the use of money or anticipated savings;
  5. loss of information;
  6. loss of opportunity, goodwill or reputation;
  7. loss of, damage to or corruption of data; or
  8. any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

AVAILABILITY OF THE SITE

While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.

Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under our PRIVACY POLICY, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from the Site any material:

  1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  2. for which you have not obtained all necessary licences and/or approvals; or
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
  4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Site (including, without limitation, by hacking).

We shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of the above.

VARIATIONS

We may revise our TERMS OF USE and associated PRIVACY POLICY and MEDICAL DISCLAIMER any time by updating this posting. You should check the Site from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Site.

Any changes we may make to our TERMS OF USE and associated PRIVACY POLICY and MEDICAL DISCLAIMER in the future will be posted on this page and, where appropriate, notified to you by e-mail. In consideration of you agreeing to abide by these TERMS OF USE, you may install and use the Site and any associated applications for your private use only.

CONTACT

Questions, comments and requests regarding this Agreement and associated documents are welcomed and should be addressed to us at Ostomy advisor (Holdings) LTD, P.O. Box 1070, Princes Risborough, HP22 9PL.