Notices, Terms and Disclaimer
These legal notices and terms of use set out information about this website www.horizoncare.org (“Site”) which is provided by Horizon Care, details about Horizon Care and the terms of use on which you may make use of the site which includes accessing, browsing, or registering to use our Site. References in these notices and terms to “you” and “your” mean the person accessing and using this website. References to “we”, “us”, “our” , “Horizon” and ”Horizon Care”, mean Horizon Care and its group companies.
By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.
Terms of Use
These terms, together with any documents we refer to below, set out the legal terms that apply to your use of our Site whether as a guest or a registered user. Use of our Site includes accessing, browsing or registering to use our site.
Please read these terms carefully before you start to use our Site. These terms apply to your use of our Site or any use you make of materials, documentation or content posted or made available on our Site (including, but not limited to text, data, information, graphics, interfaces, logos, photographs, video and other media material made available). (together being “Materials”).
By accessing and 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 of use, you must not use our Site. All rights not expressly granted in these terms are reserved.
Our Site
Horizoncare.org has been designed to allow access by internet users.
We have provided our Site to help you to find out about Horizon Care, its businesses and services.
We welcome your feedback on any of the Material we post, which you can do via the Contact Us page of our Site. From time to time some areas of our Site, such as Horizon Care job application pages, are password protected and access is restricted to particular users who have chosen to register their details with us. This is to protect the personal data that they have provided to us from public access.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures in relation to our Site, you must treat such information as confidential. You must not disclose it, or allow it to be disclosed, to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or any other term or policy set out or referred to therein or otherwise on our Site or applicable to you.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing at info@horizoncare.org
Changes or updates
We may revise these terms, and/or the other terms and/or notices set out on this site at any time by amending the relevant page and/or updating the terms or notices on it. Please check this page from time to time to take notice of any changes we make, as your continued use of our Site following the posting or making of any changes will confirm your acceptance of these changes.
We also reserve the right to change any of the content and/or Material on the site from time to time.
Access to our site
Sometimes and possibly without notice, we may alter, withdraw or suspend access to some or all of the Materials or pages available on our Site. This is often to allow us to maintain or protect our Site. Whilst we do not expect this to happen regularly, if it does, we apologise for any inconvenience that may be caused.
Please note, however, that we are not liable for any loss or inconvenience you may suffer should our Site or any of its Material become unavailable at any time or for any period. We ask that you respect our Site and the right of other users to enjoy its Material. Your access is as our guest and in the event of any breach, or reasonably suspected breach, by you of these terms, your right to use our Site will cease immediately and without notice.
Intellectual property rights
The design and layout of our Site and the Materials posted on it attract and are protected by various legal rights. The law refers to these as intellectual property rights (“IPRs”), which include copyright and trademark rights. We are the owner or the licensee of all IPRs in our Site and in the Materials published on it, whether registered or unregistered, and we reserve all rights in the same.
Nothing in these terms grants you any right, title or interest to any of the IPRs on, or within, this Site or any Materials on our Site. This is especially true of our ‘Horizon Care’ trading name and the ‘Horizon Care’ logos. Please note that you can enjoy the rights given to you under English law (e.g. making fair use of the Materials) and those rights set out below and we encourage you to share our Materials in the hope that they will help others to adopt a healthier lifestyle. However, we reserve our right to take any appropriate legal action required to protect or enforce our legal rights if you should seek to misuse or otherwise abuse our Site or any of the Materials in any way or if you infringe our IPRs in any way.
Please note that if there are any other laws outside the UK that attach to any of the Materials posted online or to our Site, we reserve our rights under these other laws accordingly. Please also be aware that you are responsible for obeying all applicable laws in any relevant jurisdiction relating to the IPRs subsisting in our Site and any Materials, especially if you are accessing our Site from outside the UK.
Horizon Care and/or its licensors are the owners of the copyright and database rights in our Site, except where specifically stated otherwise, including without limitation content data, design, graphics, text, images, software and underlying source codes. Horizon Care is the owner of all trademarks, service marks, trade names, logos and devices appearing on our Site, whether registered or unregistered, except where specifically stated otherwise.
Sharing our Site and its content
If you see any Materials on our Site that you want to download, copy or share with others, or if you want to link to our Site, you should check carefully that this sort of activity is allowed under the permissions set out below. Many pages on our Site are provided with functionality to share links and/or content to Facebook, Twitter, email and other sharing services. In these instances specific permissions should have been set out. If it is unclear then please see the permission terms set out below. If you want to reproduce or publish any of our Horizon Care content in your own publication or website, you must always identify Horizon Care as the source of the extract copied and provide a link back to our Site. Otherwise, you will not be authorised to use our Site or the Materials in this way or to link to our Site and may be in breach of UK IPR laws or other similar local laws outside the UK (see above) which could result in sanctions or legal action being taken against you.
Links to our Site
You may link to Our Site provided that:
You do so in a fair and legal manner;
You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
You may not link to Our Site from any other site the main content of which contains material that:
is sexually explicit;
is obscene, deliberately offensive, hateful or otherwise inflammatory;
promotes violence;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or is otherwise likely to deceive another person;
is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Direct Debit Guarantee
This section applies in respect of any relevant direct debits.
This guarantee is offered by all banks and building societies that accept instructions to pay direct debits.
If there are any changes to the amount, date or frequency of your direct debit, Horizon Care will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request Horizon Care to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
If an error is made in the payment of your direct debit by Horizon Care or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society. If you receive a refund you are not entitled to, you must pay it back when Horizon Care asks you to.
You can cancel a direct debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.
Viruses/Malware
Whilst we make efforts to try and ensure that any Materials available for download from our Site will be free from infection, viruses and/or other harmful code or malware we cannot and do not guarantee or warrant that it will be so.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
As a guest to our Site, please understand that you are solely responsible for implementing sufficient procedures and virus checks (including anti-virus, firewall and other security protection) on any system or equipment you might use to access our Site. As such, we are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
Site information
Please note that we cannot accept any liability or responsibility for any reliance you, or anyone else who may be informed about or with whom you share any of our content, might place on any of the Materials. Any medical or other professional advice or information posted on our Site should be regarded as general information only and not a substitute for professional advice. You should always seek specific advice related to your circumstances from your doctor or other appropriate professional.
Updates to content
Whilst we update the Materials on our Site, from time to time, this is not always possible or practicable. As such we do not give any guarantee or commitment that our Materials will always be accurate or up to date so do please check this before placing any reliance on the information freely provided.
Content locality
Unless otherwise specified, the content and materials on our Site are directed solely at those who access our Site from within the United Kingdom mainland. The Horizon Care group makes no representation that any information, product or service referred to in the content or materials on our Site are appropriate for use, or available, in other locations outside of the United Kingdom mainland. Those who choose to access our Site from other locations are responsible for compliance with all applicable local laws.
Accuracy of content
Unless otherwise stated, our Site is for information only. Horizon Care has aimed to use reasonable care and skill in compiling the content of our Site but makes no warranty or representation as to the accuracy of any information on our Site and Horizon Care shall not be liable for any errors or omissions.
Sensitive content
Our Site may contain content featuring or graphically representing medical or surgical procedures, which are provided for educational or informative purposes only. If you find or are likely to find such images offensive please do not view them or if necessary click on the "Back" button at the top left hand corner of your screen or click on the "Home" link which appears as the first tab on the row of tabs towards the top of the screen. Given that there is such content on our Site, parents are advised not to allow their children to browse our Site. You should not access our Site if you are under the age of 18.
Use of content
Horizon Care shall not be liable to any person for any loss or damage that may arise from their use of or reliance on any of the information, content or materials included in our Site including without limitation, indirect or consequential loss or damage, loss of actual or anticipated profits, loss of revenue, loss of business, loss of opportunity, loss of anticipated savings, loss of goodwill, loss of reputation, loss or damage to or corruption of data, loss of use of money or otherwise.
The information, content or Material contained on our Site is/are for information only and is not intended nor implied to be a substitute for professional medical advice nor is it intended to be for medical diagnosis or treatment, generally or in any given situation. You should seek specific professional or specialist advice before doing anything on the basis of any content found on our Site.
Third party content
Material appearing on our Site may include advertising and other material submitted by parties other than Horizon Care. It is the responsibility of the relevant third parties to ensure that such material complies with all relevant laws and regulations. To the fullest extent permissible by law, Horizon Care excludes any and all liability for any third party content including, without limitation any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.
Information about you
Information collected about you will be done and carried out under and in accordance with our Privacy Notice. By using our Site, you consent to this processing and warrant that all data provided by you is accurate. If you have any queries or concerns please contact us.
Liability
Our Site and all Materials are provided on an ‘as is’ and ‘as available’ basis. This means that there are no guarantees, conditions or warranties (express or implied) offered by Horizon Care, or the other members of the Horizon Care group of companies, or any third parties associated or connected to us that any of our Materials will be:
• complete, accurate, up to date or error-free
• available or uninterrupted
• suitable for any particular purpose or capable of performing any function or providing any particular result; or
• free of viruses, contamination or destructive features
Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. To the extent permitted by law, we, the other members of the Horizon Care group of companies and all third parties connected to us hereby expressly exclude:
• all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity
• all liability for any direct, indirect or consequential loss or damage incurred by any person in connection with our Site or in connection with or resulting from the use or inability to use our Site and/or any Materials and any websites linked to our Site or Materials including, without limitation, any liability for:
• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data
• loss of goodwill
• wasted management or office time
and however the loss in question arises and whether it is caused by tort (including, but not limited to, negligence), breach of contract or otherwise, and regardless of whether it was foreseeable or not.
If, in any way whatsoever, we are found to be liable to you for any damage or loss (including, without limitation, through negligence) which arises in any way out of, or is in any way connected with, your use of our Site or Materials or service. Our liability shall not exceed the total of GBP50 (fifty pounds).
These terms do not affect, or exclude or limit Horizon Care’s liability for
a) death or personal injury caused by the negligence of Horizon Care or any of its employees or agents
b) liability arising from any fraud or fraudulent misrepresentation by Horizon Care or any of its employees or agents
(c) any liability which cannot be limited or excluded by applicable law.
No part of Our Site is intended to constitute a contractual offer capable of acceptance. No goods or services are sold through Our Site and the details of goods and/or services provided on Our Site are provided for general information purposes only.
We make reasonable efforts to ensure that any and all pricing information shown on Our Site is correct at the time of going online. We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time.
Whilst every reasonable effort has been made to ensure that all representations and descriptions of goods and/or services available from Us correspond to the actual goods and/or services available, variations or errors may occur.
We make no representation, warranty, or guarantee that goods and/or services available, shown on Our Site will be available from Us. Please contact Us if you wish to enquire as to the availability of any goods and/or services available,.
General Terms
These terms and the notices on this site and any dispute or claim arising out of or in connection with our Site or its Materials, including any IPR infringement or dispute and/or non-contractual dispute or claim will be governed by and construed in accordance with English law. The English courts will have exclusive jurisdiction over any claim (including, without limitation, any non-contract claim) arising from any use of our Site or its Materials although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
Social Media Terms and Conditions
We have created some terms and conditions “Terms” that set out the terms for your use of Horizon Care’s social media community, which currently includes comments and uploads on horizoncare.org, Facebook, Twitter, YouTube and LinkedIn, Instagram and Pinterest (the “Community”).
Please read the Terms carefully, as they provide information about using the Community in a way that is respectful and lawful. By using, or submitting material to the Community you agree that you have read, understood, accept, and agree to abide by these Terms.
Other Terms
The terms, conditions and policies that apply to specific social networks, such as Facebook or Twitter, also apply to the Horizon Care profiles they host. We recommend that you familiarise yourself with those terms and conditions before participating in the relevant part of the Community and we disclaim any liability associated with your use of those services, or for your failure to view or comply with their terms, conditions and policies. Where there is a conflict between these Terms and the terms and conditions of the relevant social media channels, the social media channels’ terms and conditions will prevail to the extent that they relate to Horizon Care's profile on the relevant social media channel.
In relation to horizoncare.org, these Terms supplement our Horizon Care Website Legal Notices and Terms of Use and our Privacy Notice. Horizoncare.org is operated by horizon Solutions Limited. Details of that company, including regulatory details of relevant members of its group, trading and registration details, are set out in the Horizon Care Website Legal Notices and Terms of Use.
Monitoring
We aim to create dialogue with users of our Community and encourage you to share content via the Community in accordance with these Terms (your “Contribution”). To help us do that, we try to monitor the Community during normal UK business hours (9am-5pm GMT, Monday to Friday, excluding UK public holidays). We will try to check that all submissions to the Community comply with our acceptable use standards described below (“Acceptable Use Standards”) as soon as reasonably practicable after publication.
We cannot guarantee that all Contributions will be published nor how quickly.
If in our opinion an individual makes use of the Community in breach of these, we reserve the right to remove, or to disable access to, any Contribution, and to terminate, suspend or change the conditions of their access to the Community without prior warning. We also reserve the right to bring legal proceedings against any individual for a breach of the Terms , or take such other action as we reasonably deem appropriate. We exclude our liability for all action we may take in response to breaches of these Terms.
We expressly exclude our liability for any loss or damage arising from the use of the Community by any person in contravention of these Terms.
While we try to moderate the Community, we are not legally responsible for any material posted by third parties and we may stop, or suspend, moderating the Community at any time.
Important points
• "The views and/or opinions expressed by any individual within the Community are those of the individual and do not necessarily reflect the views of Horizon Care.
• Any medical advice or information posted to the Community should not be regarded as advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by a user of the Community, or by anyone who may be informed of any of its contents. You must always seek medical advice from your doctor or a suitably qualified medical professional.
• Any advice or information posted to the Community should not be accepted as true or correct. It is up to individual users to check the validity of any advice or information before relying on it, especially where the consequences of following it could be serious.
• Sometimes Horizon Care automatically follows back users which follow Horizon Care profiles within the Community. A follow back does not constitute an endorsement; the same applies to re-tweeting or sharing messages posted on accounts that Horizon Care does not own, or marking them as “favourites”, or otherwise sharing information on a different platform.
Minors
The Community is intended for use by individuals aged 13 years or older. Minors must get permission from their parent or guardian before using the Community. We recommend that parents who allow their children to use the Community discuss online safety with their children first and that parents endeavour to monitor any use of the Community.
Minors should also be given guidance on how to use the Community safely and in a way that complies with these Terms.
Acceptable use standards
We want to create an open, caring and respectful Community. To help us do this, you agree that your use of the Community and your Contributions must:
• be accurate and genuinely believed by you
• avoid quoting out of context and include a credit for any original author as the source of material
• comply with all applicable domestic, foreign and international laws that govern the content which makes up the Contribution
You also agree that your use of the Community and Contributions will not:
• be defamatory, unlawful, obscene, offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’s privacy, or otherwise objectionable
• promote discrimination on grounds of race, sex, nationality, disability, religion or belief, sexual orientation, being a transsexual person, or age
• infringe any intellectual property rights including, but not limited to, copyright, design right, database right, patents, trade mark, moral or performer’s right, or any other third party right
• be likely to harass, upset, alarm or cause distress to any other person
• contain an instruction, advice, or content that could cause harm or injury to individuals or to computers or systems
• encourage anyone to commit or assist any unlawful or criminal act or condone any unlawful or criminal act
• give the impression that the Contribution emanates from Horizon Care (or any of its group companies) if this is not the case, or impersonate any person, or misrepresent your identity or affiliation with any person
• contain any advertising
• disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any other individual
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
Whenever you upload material to the Community, or make contact with other users of the Community, please comply with our Acceptable Use Standards. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty (which means that you will be responsible for any loss or damage we suffer as a result of the relevant breach).
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site is defamatory of them, a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site and/or Community.
Copyright
By submitting a Contribution to the Community, you agree to grant Horizon Care a non-exclusive perpetual licence to use that Contribution for any purpose and to waive your moral rights in or in relation to that Contribution. Although you will still own your copyright in your Contribution, Horizon Care will have the right to freely use, edit, alter, reproduce, publish, disclose and/or distribute the material contained in your Contribution in any format and media and for any purpose. This licence will be free of charge, perpetual and capable of sub-licence. Horizon Care may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. We reserve the right to display advertisements in connection with your Contribution.
Please also note that, in accordance with the Acceptable Use Standards, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Community, you are warranting that you have the right to grant Horizon Care the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to Horizon Care, please do not submit the Contribution to the Community.
Data protection
Before making a Contribution you may be required to register with the Community, for example by completing a registration form. In some cases your name, or other personal details, will appear as part of your Contribution when published. If you are required to submit personal data directly to Horizon Care during any registration process, such data will only be used for administration and monitoring purposes and will only be shared with third parties if we notified you of our intention or we are legally obliged to do so.
More information on how the use and disclosure of your personal data by Horizon Care is governed can be found in our privacy and cookies policy. We also reserve all rights set out in that policy, these Terms, our Horizon Care Website Legal Notices and Terms of Use and on Horizon Care.co.uk in relation to your personal data.
Complaints
If you wish to complain about any Contribution posted to the Community, please contact us by emailing complaints@horizoncare.org. When you submit a complaint, please (1) outline the reason for your complaint, and (2) specify where the Contribution you are complaining about is located.
We may request further information from you about any complaint in relation to any Contribution before we process it. We will then review the relevant Contribution and decide whether it complies with our Acceptable Use Standards. We will deal with any Contribution which, in our opinion, violates our Acceptable Use Standards as described above (see section " Monitoring) We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
Changes to these Terms
We may revise these Terms at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you and will apply to you from the date the change was made. You agree to accept and comply with any changes to the Terms if you use the Community after the change is made.
Governing law and jurisdiction
These Terms are governed by and shall be construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim that arises out of or in connection with these Terms, their subject matter or formation.
If any part of these Terms is deemed unlawful, void, or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.
