Terms and Conditions

1 Introduction

1.1

NHS Midlands and Lancashire (ML) owns the NHS Personal Video Messaging Platform (PVM). The content, data and services are delivered by NHS ML. You may access and use the Personal Video Messaging Platform (PVM) if you agree to be legally bound by the terms set out here. If you do not agree to be legally bound by these terms, please do not access and/or use this site.

1.2

The PVM Site is intended for use only by those who have received a text message inviting them to take part in one of the qualifying programs.

1.3

If you use the PVM site on behalf of someone else:

(a) these terms apply to your use.

(b) you are responsible for such access and use, including being responsible for compliance with these terms; and

(c) you must, to the extent possible, make the person you are using the PVM Site on behalf of aware of:

• a. your access and use and any steps you take on their behalf, and
• b. these terms.

2 Changes to terms

2.1

We may make changes to the PVM Site, including these terms, at any time. You will be legally bound by the updated or amended terms from the first time that you use the PVM Site after we publish the changes on it.

3 Intellectual property rights

3.1

NHS ML owns or has the right to use all intellectual property rights in the contents of the Site, excluding videos delivered through the Vintom video player. This includes rights in copyright, patents, database rights, trademarks, and other intellectual property rights.

3.2

You have permission to use PVM Site Content for the sole purposes described, and on the terms detailed, in these terms and conditions. You need written permission from us or any other owner of PVM Site Content before you may use these items in any other way.

3.3

Copyright and database rights in the Site Content (excluding Vintom videos) are owned by NHS ML and various respective IPR owners. The site uses video content from Vintom. To view the license for the Vintom Player, please visit https://player2.vintom.com/player/Vintom_player_terms_of_use.pdf

3.4

(a) If you access the PVM Site:

• at the frequency specified on our standard terms and conditions page in the case of the subset of PVM Site Content specified; or
• at least every 7 days in respect of all other PVM Site Content.

then you must attribute us as follows: "Information from the PVM Site website" unless you have our written consent to an alternative attribution. The relevant attribution must be made for every separate instance, use or appearance of PVM Site Content, and in each case, you must make a clear distinction between PVM Site Content and your other content.

If you are displaying PVM Site Content in a context where a functional link back to the article on the PVM Site is possible, then each attribution should link to the page on the relevant health promotion programme rather than PVM directly.

(b) If you access the PVM Site:

• at the frequency specified on our standard terms and conditions page in the case of the subset of PVM Site Website Content specified; or
• at least every 7 days in respect of all other PVM Site website Content.

Any adaptation of PVM Site Content or use of non-refreshed PVM Site Content may invalidate its content; therefore, if you use any such PVM Site Content you will bear any risk associated with such adaptation or failure to refresh.

3.5

You must not use PVM Site Content for or in association with i) any purpose; or ii) a site or service; which is illegal, derogatory, or otherwise objectionable or that brings the NHS into disrepute. If you process any personal data of your customers or users in association with your use of any PVM Site Content you must do so in compliance with all applicable data protection and privacy legislation and all relevant regulatory guidance, including General Data Protection Regulation and Data Protection Act 2018.

3.6

You may not directly or indirectly suggest any endorsement or approval by the NHS of your site or service, or any non-NHS entity, product or content or any views expressed within your site or service.

3.7

We reserve the right to alter, adapt, edit, modify, or restrict the availability of PVM Site Content for use on third-party sites at any time.

4 Medical information

4.1

The PVM Site may provide medical information for use as information or for educational purposes. We do not warrant that information we provide will meet your health or medical requirements. It is up to you to contact a health professional if you are concerned about your health.

4.2

The PVM Site does not give medical advice in relation to any individual case or patient, nor does The PVM Site provide medical or diagnostic services.

5 Liability

5.1

We accept no liability to you should the PVM Site not be available at any time.

5.2

You acknowledge and agree that we will not be responsible for any injury, loss, damage, costs, or expenses (whether direct or indirect) arising out of or relating to the use or misuse of the PVM Site, except to the extent that such liability cannot be excluded by law (i.e., our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited under English law). This means that we have no liability to you (or anyone else on whose behalf you may use the PVM Site) for:

(a) any financial loss you may suffer or any inability to claim any payments you may experience.

(b) any business loss you may suffer, including loss of revenue, loss of profits or loss of anticipated savings (whether those losses are the direct or indirect result of our default).

(c) any loss which you suffer other than because of our negligence or breach of statutory duty.

(d) any loss suffered due to the default of any party other than us.

5.3

Although we follow our governance processes and make reasonable efforts to maintain service and accurate, up-to-date content the PVM Site is provided "as is" and, to the extent permitted by law, we do not warrant or represent (expressly or impliedly and including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose) that the PVM Site or any content is accurate, complete or up-to-date, will meet your particular requirements or needs, will be available uninterrupted or error free, that defects will be corrected, or its supporting systems are free of viruses or bugs.

5.4

We do not accept any liability to you if we fail, or are interrupted or delayed in the performance of any obligation because of:

(a) the non-availability or failure of any telecommunications or computer services, systems, equipment, or software operated or provided by you or any third party.

(b) any other event not reasonably within our control.

5.5

We do not give any commitments or accept any liability to you in respect of content provided by other users of the website or third parties.

5.6

You acknowledge and agree that we will not be responsible for any injury, loss, or damage (whether direct or indirect) arising out of, or relating to the misuse of, or inappropriate reliance on the contents or advice provided via an external link on the PVM Site, except to the extent that such liability cannot be limited or excluded by law.

6 Attacks, unauthorised access, and other violations

6.1

You must not try to gain unauthorised access to the PVM Site, our services, the servers on which they are stored, or any server, computer or database connected to them. You must not attack the PVM Site website or services hosted on it in any way, (this includes denial-of-service attacks). We will report any attacks or attempts to gain unauthorised access to the site or service to the relevant law enforcement authorities and shall share information about you with them.

6.2

You must not use the PVM Site:

(a) to transmit any false, misleading, fraudulent, defamatory, offensive, or illegal communications.

(b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

(c) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms of use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data.

7 Remedies

7.1

To the extent that we are practically able to do so, we may terminate your access to all or any part of PVM Site and services at any time without notice if you breach any of the terms.

7.2

We reserve the right to investigate complaints or reported violations of our terms and to take any action we consider appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user information, email addresses, usage history, IP addresses and traffic information.

8 General

8.1

If any of these terms are determined to be illegal, invalid, or otherwise unenforceable then the remaining terms shall remain in full force and effect.

8.2

We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

8.3

Your use of the PVM Site and these terms, together with any service specific additional terms, shall be governed by and interpreted in accordance with the laws of England, and you agree to the exclusive jurisdiction of the courts of England in respect of any disputes that may arise in relation to the PVM Site.

8.4

NHS Midlands and Lancashire
Heron House
Midlands and Lancashire CSU HQ
120 Grove Road
Stoke on Trent
ST4 4LX