Terms Of Use – The Wellbeing Directory

THE WELLBEING DIRECTORY LIMITED

WEBSITE TERMS OF USE (INCLUDING ACCEPTABLE USE POLICY)

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE

Who we are and how to contact us. [thewellbeingdirectory.co.uk] is a site operated by The Wellbeing Directory Ltd (“us” or “we”). We are registered in England and Wales under company number 16260378 and have our registered office at Oakleigh, Clay Lane, Marton, Cheshire. CW7 2QH. You can contact us by post to our registered office or by email at [hello@thewellbeingdirectory.co.uk]. We do not accept notice (in respect of any claims, disputes or otherwise) by email. All notices shall be in writing and sent to our registered address by first class or other next working day post and shall be deemed received two working days after posting.
By using our Site, you accept these Terms. These terms of use (the “Terms”) tell you the rules for using our website [THEWELLBEINGDIRECTORY.CO.UK (“our Site”). By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site. We recommend that you print a copy of these Terms for future reference.
There are other terms that may apply to you. These Terms of service refer to the following additional terms, which also apply to your use of our Site:
our Privacy Policy, which explains how we collect, use and store your personal data;
our Cookie Policy, which sets out information about the cookies on our Site; and
if you are a customer engaging us to list your business on our Site, our Customer Terms of Business (a copy of which is provided when you place an order for services with us) will apply to the supply of service to you.
We may make changes to these Terms. We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the most recent version of them that apply at that time.
We may make changes to our Site. We may update and change our Site from time to time without further reference to you.
We may suspend or withdraw our Site. Our Site is made available to end users free of charge. We do not guarantee that our Site (or any content on it) will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms of service, and that they comply with them.
We may transfer this agreement to someone else. We may transfer the rights and obligations of us 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.
Our Site is only for users in the UK. Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
How you may use material on our Site. We are the owner or licensee of all intellectual property rights in our Site and in any material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not make, copy, modify or use any paper or digital copies of any materials you have printed off or downloaded in any way other than strictly for the purpose of engaging a business listed on our directory for services provided by that business, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, download, share or repost any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these Terms).
No text or data mining, or web scraping. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of): (a) any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Site or any data, content, information or services accessed via the same; and any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790). This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Our Site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the United Kingdom (the “Permitted Territory”). By continuing to access, view or make use of our Site and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of our Site and any related content and services.
Rules about linking to our Site. You may link to our home 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 our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects these Terms. If you wish to link to or make any use of content on our Site other than that set out above, please contact us using one of the methods set out at the beginning of these Terms.
Uploading content to our Site. Whenever you make use of a feature that allows you to create content directly on our Site, upload or share content to our Site, or to make contact with other users of our Site, you must comply with the standards set out in these Terms. You warrant that any such contribution complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We will consider any content you upload to our Site to be non-confidential and not protected by any trade mark, patent or copyright (“non-proprietary”), that is, in the public domain. You are required to grant us and other users of our Site a licence to use, store and copy your content uploaded on our Site and to distribute and make it available to others. We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our Site violates their intellectual property rights or their right to privacy. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the acceptable use standards set out in these Terms. If you wish to contact us in relation to content you have uploaded to our Site and that we have taken down, please contact us using one of the methods set out at the beginning of these Terms.
Rights you are giving us to use material you upload. When you upload or post content to our Site, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote our Site or the service. You also grant a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes.
User-generated content is not approved by us. Our Site may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
Do not rely on information on this Site. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
Direct contract with businesses listed on our Site. Where you engage any business or individual listed on our Site to provide any services (including but not limited to wellbeing services) you enter into a direct contract for the supply of goods and/or services with that business or individual, which we are no party to. By using the Site, you acknowledge and agree that you shall have no claim against us or any of our officers, employees or contractors for any losses suffered by you as a result of any contract entered into between any business or individual listed on the Site and you. By using the Site, you also agree to indemnify us against all losses suffered by us as a result of any claims made against us (or any of our officers, employees or contractors) by you or by any business or individual listed on our Site (or any third party on their behalf) in connection with any contract made between any business or individual listed on our Site and you. We do not carry out any background checks (or otherwise) on any business or individual listed on our Site and you should carry out your own careful due diligence before contacting or engaging with any business or individual listed on our Site.
We are not responsible for websites we link to. Where our Site 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 or resources.
We are not responsible for viruses. We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.
You must not introduce viruses. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our Site or any part of it. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site or any other equipment or network connected with our Site. You must not interfere with, damage or disrupt any software used in the provision of our Site or any equipment or network or software owned or used by any third party on which this Site relies in any way. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately
Acceptable use. The standards set out in clauses 20 to 26 (inclusively) of these Terms are our acceptable use standards and apply to any material you upload or share to our Site or generate on our Site (“User Content”). They also apply to any contact you make with other users on our Site, links to our Site, and any other ways you use our Site. You must comply with these standards in spirit as well as to the letter and we will determine, in our sole discretion, whether any User Content or your use of our Site breaches these acceptable use standards. You may not use our Site: (a) in any way that breaches any local, national or international law or regulation; (b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (c) for the purpose of harming or attempting to harm minors in any way; (d) to bully, insult, intimidate or humiliate any person; (e) to send, knowingly receive, upload, download, share, post, use or re-use any material which does not comply with our content standards; (f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or (g) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-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.
User Content. All User Content that you upload or provide to us for publication on our Site must: (a) be accurate (where it states facts); (b) only contain opinions that are genuinely held; (c) comply with the law applicable in any country from which it is posted and to which the website is targeted; (d) not be defamatory of any person or business; (e) not be obscene, offensive, hateful or inflammatory; (f) not infringe any copyright, database right or trade mark of any other person; (g) not include video content that has been or would be likely to be given an R18 certificate by the British Board of Film Classification (“BBFC”); (h) not include video content not suitable for BBFC; (i) not include material that might impair the physical, mental or moral development of persons under the age of 18; (j) not be likely to deceive any person; (k) not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (l) not contain illegal content or promote any illegal content or activity; (m) not be in contempt of court; (n) not be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; (o) not be likely to harass, upset, embarrass, alarm or annoy any other person; (p) not impersonate any person or misrepresent your identity or affiliation with any person; (q) not give the impression that the User Content emanates from us, if this is not the case; (r) not advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; (s) not 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; (t) not be pornographic; and (u) not be illegal content.
Prohibited uses of our Site. You must not use our Site in any way that involves the following: (a) terrorism; (b) child sexual exploitation or abuse including grooming and child sexual abuse material; (c) hate offences; (d) harassment, stalking, making threats or abuse; (e) controlling or coercive behaviour; (f) intimate image abuse; (g) pornography; (h) sexual exploitation of adults; (i) human trafficking; (j) unlawful immigration; (k) fraud and financial offences; (l) proceeds of crime offences; (m) drugs or psychoactive substance offences; (n) firearms, knives and other weapons offences; (o) encouraging or assisting suicide; (p) foreign interference offences; or (q) animal cruelty.
Harmful content. The following must not be uploaded, shared or generated directly on this service: (a) pornographic content; (b) content which encourages, promotes or provides instructions for suicide; (c) content which encourages, promotes or provides instructions for an act of deliberate self-injury; (d) content which encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder; (e) content that is abusive and which targets any race, religion, sex, sexual orientation, disability or gender reassignment; (f) content which incites hatred against people of a particular race (including colour, nationality, and ethnic or national origins, religion (including lack of religion), sex or sexual orientation, people who have a physical or mental disability; or people who have the characteristic of gender reassignment (meaning the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex); (g) content which encourages, promotes or provides instructions for an act of serious violence against a person; (h) bullying content (i) content which depicts real or realistic serious violence against a person, creature or animal (whether real or fictional) or which depicts real or realistic serious injury of a person, creature or animal (whether real or fictional) in graphic detail; (j) content which encourages, promotes or provides instructions for a challenge or stunt highly likely to result in serious injury to the person who does it or to someone else; (k) content which encourages a person to ingest, inject, inhale or in any other way self-administer a physically harmful substance or a substance in such a quantity as to be physically harmful.
Offences. You must not upload, post, create on our Site, share or cause any uploading, posting, creation or sharing, of any of the following: (a) a grossly offensive, indecent, obscene or menacing message intending to cause offence, menace, distress or anxiety; (b) a false message knowing it to be false, intending to cause non-trivial psychological or physical harm to a likely audience, and with no reasonable excuse; (c) a message threatening death or serious harm while intending or being reckless as to whether the object of the threat would fear that the threat would be carried out; (d) flashing images when it is reasonably foreseeable that an individual with epilepsy will see it and the sender intended that the individual would suffer harm and the sender has no reasonable excuse for sending the images; (e) a communication that intends to encourage serious self-harm; (f) an unsolicited sexual image, including a manufactured intimate image or “deepfake” intending the recipient to be caused alarm, distress or humiliation, or for the purpose of sexual gratification and being reckless as to whether the recipient will be caused alarm, distress or humiliation; or (g) a sexually explicit deepfake.
Additional provisions for video content. You must comply with our guidance on use of maturity or sensitivity ratings on video content. For the avoidance of doubt, for any User Content in the form of video content, you must tell us immediately if you upload a video containing any criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material). You must not upload a video containing material likely to incite violence or hatred against a group of persons or a member of a group of persons based on any of the following grounds: sex, race, colour, ethnic or social origin, genetic features, language, religion or other belief, political opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
Advertising. You must not upload, post, create on our Site or share content containing any advertising or promoting any services or web links to other sites. You must not upload a video containing advertising for any cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol. Any advertising included in a video you upload must not: (a) prejudice respect for human dignity; (b) include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation; (c) encourage behaviour prejudicial to health or safety; (d) encourage behaviour grossly prejudicial to the protection of the environment; (e) cause physical, mental or moral detriment to persons under the age of 18; (f) directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity; (g) directly encourage such persons to persuade their parents or others to purchase or rent goods or services; (h) exploit the trust of such persons in parents, teachers or others; or (i) unreasonably show such persons in dangerous situations. You must use the functionality provided on our Site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.
Our responsibility for loss or damage suffered by you. Whether you are a consumer or a business user, 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 and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Customer Terms of Business.
If you are a business user, we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Site; or use of or reliance on any content displayed on our Site. In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
If you are a consumer user, we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information We will only use your personal information as set out in our Privacy Policy.
Applicable law and jurisdiction. These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a consumer (not a business) and resident of Northern Ireland then you may also bring proceedings in Northern Ireland, and if you are a consumer (not a business) and a resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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