WORLDWIDEHEALTH.COM TERMS & CONDITIONS
WorldwideHealth.com services are offered subject to terms and conditions. Breach of any of the terms and conditions may result in termination of services provided by WWH to you.
WorldwideHealth.com terms and conditions are subject to change without notice. Please ensure that you are fully conversant with current terms and conditions.
Definitions
WWH means Worldwidehealth.com incorporating DMA-Worldwidehealth.
Customer means the person, partnership or company that is in contract with WWH, registered as a user of WWH, registered as an advertiser with WWH, or using WWH as an unregistered user.
Service means the service, services, information and/or products provided or offered by or through WWH or WWH infrastructure.
Agreement means this agreement entered into by and between WWH and the Customer and is subject to the terms and conditions set out herein.
1) Duration
This agreement shall come into force and effect from the moment the customer begins to read, use, operate or otherwise gain information or advantage from the service.
2) Use of Service
2.1) WWH shall provide the service, to the customer, subject to availability and shall exercise due care in the provision and maintenance of the service, to provide high quality and reliability.
2.2) WWH may remove or cancel services, without notice, during periods of maintenance, repair, upgrade, testing or any other consideration that WWH may wish to undertake, that will, in its estimation be necessary for the continued future operation of service.
2.3) WWH may modify or alter the form of services paid for by the customer without notice, where such modifications or alterations do not significantly detract from the nature of the service provided when the customer took up the service.
2.4) Where WWH provides services free of charge, or for which no payment to WWH is made by the customer, WWH may modify, alter, remove or cancel such services without notice.
2.5) The customer undertakes to use the service in accordance with the conditions set out herein and such variations as may be notified in an updated agreement.
2.6) WWH makes no guarantees, claims or recommendations regarding any of the products or services advertised by any of the WWH customers, neither does WWH verify or confirm claims made by any of its advertising customers. Customers shall indemnify, and hold harmless, WWH against all liabilities, claims, losses, damages or expenses arising directly or indirectly from or in any way associated with any use of the service by the customer or provision of the service by WWH.
2.7) WWH does not dispense medical advice; where information is provided by WWH such information should not be interpreted as advice. WWH takes no responsibility for customers choosing to treat themselves whether that treatment is based on information provided by WWH or not. Where customers choose to treat themselves based on information provided by WWH, the customers shall indemnify and hold harmless, WWH against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated with any use of the service by the customer or provision of the service by WWH. WWH recommends that all medical conditions should be treated by a physician competent in treating that particular condition; liability for such treatments lies with that physician, responsibility for determining competence lies with the customer.
2.7.1) Where advice may be given or claims may be made by a WWH Customer, whether via an advertisement, email forum, discussion forum, chat room, library article, or any other method or form of communication provided by WWH, that customer shall indemnify and hold harmless, WWH against all liabilities, claims, losses, damages or expenses arising directly or indirectly from or in any way associated with, any use of the service by the customer or provision of the service by WWH.
2.8) Where the WWH service may provide links to information prepared and/or controlled by a third party, WWH makes no guarantees, claims or recommendations regarding any of the products or services advertised by that third party. Customers using information, advice or data from third parties shall indemnify and hold harmless WWH against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated with any use of the service by the customer or provision of the service by WWH.
2.9) The customer shall not use, or allow use of, the service in any matter or for any purpose unlawful or offensive to the whim of WWH.
2.10) The customer shall notify WWH immediately upon becoming aware of any failure or malfunction in the service.
2.11) WWH shall correct any failure or malfunction in the service as soon as is reasonably practicable.
2.12) The customer recognises that the service is not guaranteed to be "continuous" and that there may be periods of time when the service is unavailable for operational or other reasons. In such circumstances unavailability of service will be dealt with in accordance with sections 2.10 and 2.11 above.
2.13) WWH makes no guarantees regarding the use of services, past performance is no guarantee of future performance.
2.14) In the event of excessive loss of service exceeding that described in sections 2.2, 2.3, 2.4, 2.10, 2.11 and 2.12, except where customers service or services are terminated in accordance with sections 7.6, 8.1, 8.2 and 8.3, Customers recourse will be limited to a refund of the amount charged by WWH for the service or a proportion of that charge according to the time service was operational whichever is the smaller. In all other ways, regardless of customer debt, Customers shall indemnify and hold harmless, WWH against all liabilities, claims, losses, damages or expenses arising directly or indirectly from or in any way associated with, any use of the service by the customer or provision of the service by WWH, including, but not limited to, loss of business, loss of reputation and loss of earnings.
3. Content Guidelines
3.1) WWH customers are advised that the following classes of material are likely to be offensive to some WWH company policies.
• Sexually explicit material
• Material promoting illegal activities or contention
• Get-rich-quick and pyramid schemes
• Anything else which may offend the whim of any WWH controllers or sponsors of WWH.
Customers are informed that adult or sex sites are definitely against WWH terms and conditions.
3.2) Promotion or linking to sites that, in turn, promote any of the items listed in section 3.1 or similar, may also be against WWH terms and conditions and may result in suspension of service, for that customer, in accordance with section 8.
3.3) Customers bear full liability for the content of adverts placed by them or by WWH on their behalf. Customers are fully responsible for ensuring that such adverts are correct in terms of spelling, content, claims, product or service description and in every other way. Customers shall indemnify and hold harmless, WWH against all liabilities, claims, losses, damages or expenses arising directly or indirectly from or in any way associated with, any use of the service by the customer or provision of the service by WWH including, but not limited to, incorrect information, description, claims and/or misrepresentations within customers adverts or listings.
3.4) Customers must adhere to instructions, technical specifications, word limits and image file sizes given, while building their adverts or listings.
3.5) Worldwidehealth.com reserves the right to contact you by email, letter or telephone regarding article submission(s). If you DO NOT want us to contact you in this way do not submit an article.
4. Provision of Information and Privacy
4.1) The customer undertakes to provide to WWH, free of charge and in full co-operation, any information reasonably required by WWH in order to fulfill it's obligations under the agreement.
4.2) WWH shall at its sole discretion, use this information for any credit reference or debt collection purpose, including disclosure to, and use by, its agents acting on its behalf.
4.3) Customers are responsible for ensuring that their details registered with WWH are correct and current. Change of address, status or any other detail required by WWH registration must be amended by the customer as soon as is practicable via any WWH approved method of update, normally via the web based interface.
4.4) Where customer correspondence contains address details different to those registered with WWH, such correspondence will not be deemed as notice of change of address.
4.5) WWH will not sell for profit, share or otherwise distribute customer information with other individuals or organisations, except as necessary for the running of it's services. WWH will not provide customer details to other parties for the purposes of another party's direct mail, promotions, marketing, research or spam, except as specifically permitted by individual customers.
4.6) WWH may use customer information for it's own internal research and/or analysis and will itself use, or permit agents acting on WWH's behalf to use, customer information for the purposes of providing general service information or promoting any service or product WWH deems may be in the customers interest or essential to maintain service.
5. Prices
All prices paid to WWH by customers, including regular premiums, may be changed subject to thirty days notice, in writing, to the customer.
6. Liability and Compensation
6.1) WWH shall have no liability whatsoever to the customer in contract, tort or otherwise, including any liability due to negligence, for loss of goodwill, revenue, anticipated savings, anticipated profit, profit or for any direct, indirect or consequential financial loss, however arising.
6.2) Any matter of liability or compensation not covered in section 6.1 shall be covered in accordance with the agreement in sections 2.6, 2.7, 2.7.1, 2.8, 2.10, 2.11, 2.12, 2.13, 2.14 and any other section within this agreement that refers in any way to the liability of WWH.
7. Payment
7.1) The customer shall pay for the service according to WWH's tariff as amended from time to time.
7.2) Usage charges, payable by the customer shall be calculated by WWH according to data recorded by WWH.
7.3) WWH shall invoice the customer, monthly in arrears, for use of the services and for any standing charges agreed in writing, the customer is required to maintain the account in credit at all times.
7.4) Where the customer pays by Direct Debit or Standing Order, payments will be made on the tenth day of each month. Any sums owed by the customer outside payment terms shall attract interest at the rate of 5% per annum above the Royal Bank of Scotland's Bank lending rate.
7.5) All sums due to WWH under the terms and conditions of the agreement may be listed exclusive of value added tax and or any other taxes applicable at the appropriate rate, such taxes are to be paid by the customer.
7.6) WWH reserves the right to terminate service to customers, temporarily or permanently, in the event of late payment.
8. Suspension of Service
8.1) In the event that the customer be in breach of the agreement, provision of the service to the customer may be suspended forthwith by WWH without notice followed by written notification to the customers WWH registered address, without liability to the customer and maintain suspension of service until further notice.
8.2) Suspension of the service will entitle WWH to payment on demand of all amounts owed by the customer under the agreement, whether already invoiced or not.
8.3) The customer shall pay WWH all reasonable costs associated with such suspension of 8.1.
9. Termination
9.1) Without prejudice to their rights under the agreement, expressed or implied, either party shall have the right to terminate the agreement in the event that the other party is in default either in observation of, or in performance of, its obligations under the agreement and, in the case of rectifiable default, fails to rectify the default within a reasonable time, specified by the non-defaulting party in writing.
9.2) Without prejudice to their rights under the agreement expressed or implied, WWH may terminate the agreement in the event that a liquidator, trustee in bankruptcy, receiver or administrator is appointed in respect of the assets and/or business of the customer or if the customer is deemed insolvent according to the Insolvency Act 1986, or if any license under which the customer operates its business is revoked, amended or ceases to be valid.
9.3) Without prejudice to their rights under the agreement, expressed or implied, WWH may terminate the agreement in the event that its license under the Telecommunications Act 1984 (including any amendments) is revoked.
9.4) The customer may terminate their own use of services offered by WWH, in writing or via any service termination system set up or operated by WWH, without refund of fees paid to WWH for services that have not been used, or refund of fees, paid to WWH, for any remaining portion of service remaining unused at time of termination.
10. Assignment
WWH shall have the right to assign, delegate or otherwise deal with their rights under the agreement in part or in whole. The customer shall not have the right to assign, delegate or otherwise deal with their rights under the agreement in part or in whole.
11. Entire Agreement
The agreement represents the entire understanding between parties in relation to the subject matter hereof and supersedes all prior agreements, representations or understandings by either party, whether oral or written.
12. No Waiver
Failure by either party to exercise or enforce any right conferred by the agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
13. Notices
Any notice, invoice or other document which may be given under the agreement, shall be deemed to have been duly given if sent to the address registered with WWH at the time such notice, invoice or document is given.
14. Force Majeure
Neither party shall be held to be in breach of its obligations under the agreement, save for obligations to make payments under the agreement, to the other party for any loss or damage which may be suffered by the other party due to any cause beyond reasonable control of the first party including but not limited to any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning, fire, strike, lock-out, trade dispute, labour disturbance, act or omission of government authorities, other telecommunications providers, war, military operations or riot.
15. Governing Law
This agreement shall be governed by and be construed and interpreted in accordance with English Law and the parties hereby submit to the jurisdiction of the English Courts.
16. Use of Articles
All articles submitted to Worldwidehealth.com after receiving editor approval, will be submitted to the relevent search engines to attract direct feeds from the world wide web. Your article will automatically carry the Worldwidehealth disclaimer and terms; which are, that the article is the opinion of the author and not of Worldwidehealth.com and that WorldwideHealth.com makes no claims regarding this information. WorldwideHealth.com recommends that all medical conditions should be treated by a physician competent in treating that particular condition. WorldwideHealth.com takes no responsibility for customers choosing to treat themselves, that any use of this information is at the risk of the reader and that all use of this this information is governed by Worldwidehealth.com terms and conditions. Once an article is submitted to Worldwidehealth.com it becomes an integeral part and ownership of the website and will be subject to incoming and outgoing links (both word and page links alike) of similar material so as to give the reader the best choice of available material to the subject matter. All articles, adverts, product details, courses, resources, DVDs, Books, CDs (items) submitted to Worldwidehealth.com will become part of the Worldwidehealth.com website, articles will remain as permanent site content for an indefinate period of time, if the account holder closes his/her membership with Worldwidehealth.com all such items will remain as property information of Worldwidehealth.com, to preserve the Worldwidehealth.com bounce rate any such traffic coming into the site will be redirected to the closest or nearest user on the website, if a user discontinues their account. All articles submitted to worldwidehealth maybe slightly amended by the Worldwidehealth Editor for best search engine optimisation and submitted to as many as possible article directories on the net to increase inbound links to your article giving you massive inbound links.
All articles submitted by the account holder will be attributed to the author by a direct link to other articles submitted and will always carry the personal contact details of the author as listed.
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