Terms of Use Policy
If you have any immediate concerns in relation to your diabetes or the health of someone else with diabetes, you should not delay in contacting your doctor, another appropriate health professional or the emergency services directly on 999. Please note the NHS Healthy Living service does not provide personal medical advice.
Information about us
NHS Healthy Living service is operated by the University Hospitals of Leicester NHS Trust (UHL) via the Leicester Diabetes Centre. For enquiries about NHS Healthy Living service, you can write to NHS Healthy Living service c/o Leicester Diabetes Centre, Leicester General Hospital, Gwendolen Road, Leicester, LE5 4PW ("We").
www.healthyliving.nhs.uk is operated by UHL
We are regulated by NHS England and the Care Quality Commission.
We work with a sub-contractor, Promatica Digital Ltd (Promatica), to ensure full contractual arrangements for this service.
The NHS Healthy Living service (The Service) is commissioned by NHS England, who are the data controllers for the Service. The Service consists of the provision of, and all the content and functions contained within two digital education programmes hosted on the Healthy Living website, as well as a support helpdesk for Service Users.
The two available programmes are ‘Healthy Living for people with type 1 diabetes’ and ‘Healthy Living for people with type 2 diabetes’. The programme available is dependent on the diabetes type that the Service User themselves has been diagnosed with or is the diabetes type of the person they are the carer, friend or family member for. Further detail of the Service can be found here in the Service Description.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
Terms of use
These Terms of Use (together with the documents referred to) tells you the terms of use on which you may make use of the NHS Healthy Living service at www.healthyliving.nhs.uk and its associated digital programmes, whether as a guest (NHS staff) or a registered user (person with diabetes or carer/friend/family member). Use of our site includes accessing, browsing, or registering to use the NHS Healthy Living service. This also applies to contact with our support helpdesk.
Please read these Terms of Use carefully before you start to use our Service, as these will apply to your use of our Service (using our site or contacting the helpdesk). You may benefit from printing or saving a copy of them for future reference (please note, these are subject to change).
By using our Service, you confirm that you accept these Terms of Use and that you agree to comply with them.
If you do not agree to these Terms of Use, you will not be granted access to the Service or its associated programmes.
Other applicable terms
These Terms of Use refer to the following additional documents, which also apply to your use of our Service:
Our Privacy Policy, which explains how we process any personal data we collect from you, or that you provide to us when using our Service.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Service. When using our Service (using our site or contacting the helpdesk), you must comply with this Acceptable Use Policy.
Our Cookie Policy (part of the main Privacy Policy): The password protected areas of this website incorporates the use of cookies. Cookies are small data text files that are sent from a server computer during a browsing session. Cookies are typically stored on your computer’s hard drive and are used by site to simulate a continuous connection to that site. In order to make our website more responsive to your needs we use cookies to track and manage information relative to your specific requirements. In this way we can tailor our website to your needs, deliver a better and more personalised service and track the pages on our website that you visit. The use of cookies automatically identifies your browser to our computers whenever you interact with our website. Your browser options allow you to disable cookies. You should note that if you do disable cookies, you may not be able to access all the services on this site. You can find out more about cookies by visiting https://ico.org.uk/for-the-public/online/cookies/
Changes to these terms
We may revise these terms of use at any time by amending this page/document.
Please check this page from time to time to take notice of any changes we made, as they are binding on you, a link to the Terms of Use can be found in the Legal section of the main menu.
Changes to our website and service
We may update our website from time to time and may change the content at any time. However, please note that, because of the pace of medical progress, and changes made by other organisations beyond our control, any of the content on our website may become out of date at any given time, the content will be reviewed regularly and updated where applicable.
We do not guarantee that our website, or any content on it, will be free from errors or omissions.
Accessing and use of our website and service
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website.
You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our website is directed to adults residing in England only. We do not represent that content available on or through our website is appropriate or available in other locations. We may limit the availability of our website or service or programmes described on our website to any person or geographic area at any time. If you choose to access our website from outside of England, you do so at your own risk.
As a condition of your use of our website, you warrant to UHL that you will not use the website or contact the helpdesk for any purpose that is unlawful or prohibited by these Terms of Use, and notices.
You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from NHS Healthy Living service. You may not use the NHS Healthy Living service for anything other than the purpose outlined in these Terms of Use and you may not use spiders or other robotic software tools to gather information from the website or use any applications which could lead to harm to the site. You may not use the NHS Healthy Living service to indicate any association with NHS Healthy Living service, NHS England, UHL or Promatica without prior written consent.
As part of the Service, we provide a helpdesk from 0800 until 1800 Monday to Friday excluding bank holidays. The helpdesk uses a contact centre system supplied by Netcall. We can confirm no artificial intelligence (AI) is used as part of the helpdesk. The helpdesk does use natural language recognition or asks a pre-approved set of questions to gather initial information from you to direct your request accordingly.
You must be at least 18 years old to use NHS Healthy Living service.
Your account and password
The digital diabetes education programmes available through the NHS Healthy Living service contains structured education content, self-management trackers, a chat forum and Action Plans. If you wish to access this, you will need to complete the registration which you can complete by visiting www.healthyliving.nhs.uk.Your use of the password protected areas of this website are subject to these terms of use.
If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You can find out more about online security at https://www.getsafeonline.org/
We have the right to disable any user password or account, 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.
You are responsible for all activity that takes place with your account. You may not authorise any third party to access and/or use the service on your behalf except where UHL provides a mechanism for third parties to access the service on your behalf. If you know or suspect that anyone other than you knows your user password, you must promptly notify us at uhl-tr.healthylivinghelpdesk@nhs.net.
Intellectual property rights
Product and company names mentioned and accessed through the website are owned by third parties.
Content and functionality of the NHS Healthy Living service including these Terms of Use are the copyright of UHL and are protected by other proprietary rights including database rights.
No part of the NHS Healthy Living service, including the website and any e-mail or messages we send, may be reproduced in any form whether electronically or otherwise without the prior written consent of UHL.
Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must retain all copyright or trademark notices contained on this site on any copy you make of it or part of it. You may not sell or modify what is on the NHS Healthy Living service or reproduce, display, publicly perform, distribute, or otherwise use the content on it in any way for any public, academic, or commercial purpose. The use of such content on any other site or in a networked computer environment for any purpose is prohibited.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use. Apart from where the ‘download’ button is present, these items can be downloaded and printed as freely as the user wishes.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
If you print off, copy or download any part of our programmes is in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
The content in our programmes 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 programmes.
Although we make reasonable efforts to update the information within our programmes, we make no representations, warranties or guarantees, whether express or implied, that the content on our programmes are accurate, complete or up to date.
Limitation of our liability – PLEASE READ CAREFULLY!
Nothing in these terms of use excludes or limits 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 by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our programme or any content within them, whether express or implied.
We will not be liable to any user 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 in our programmes.
Please note that we only provide our Service for domestic and private use. You agree not to use our Service 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.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content, or on any website linked to it. You can find out more about steps you can take to protect your computer against viruses and hacking at https://www.getsafeonline.org.
We assume no responsibility for the content of websites linked within our programmes. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
The main purpose of the NHS Healthy Living service is to provide information to service users about information for the self-management of type 1 or type 2 diabetes within England. All information provided via the NHS Healthy Living programmes is general information which can never be treated as being a substitute for professional health care. Do not rely upon any of the general information provided for medical diagnosis or treatment. You must always consult with your doctor about personal health/medical concerns.
If you have any immediate concerns in relation to your diabetes or the health of someone else, you should not delay in contacting your doctor or the emergency services directly on 999. Please note the NHS Healthy Living service is unable to provide personal medical advice.
Whilst UHL does make every effort to check the accuracy of information published within the NHS Healthy Living programmes, it cannot give any warranty that information will be accurate or up-to-date and the user acknowledges that the information and services offered as part of the NHS Healthy Living service may include inaccuracies, out of date information or typographical errors. In particular, and without limitation to the rest of this Agreement, UHL cannot guarantee that the NHS Healthy Living service will continue or be accurate during time of server failure.
All content is reviewed annually to ensure it meets the latest guidelines. Changes to content may also be made on an ad hoc basis if any new guidelines or relevant information emerge.
Information contained in or accessible via the NHS Healthy Living programmes can change on a regular basis. UHL may make improvements or alterations to the NHS Healthy Living programmes at any time without notice.
UHL is not responsible in any way whatsoever for the content of any websites accessed via our programmes, nor can it warrant that use of the NHS Healthy Living service will be free from virus contamination and you should take adequate steps to ensure that you virus check regularly when using your NHS Healthy Living programme on your computer, PDA, tablet, phone or any other device you may use to access it.
UHL makes no representations about the suitability of the information, and services contained on, or accessed via, the NHS Healthy Living service for any purpose. All warranties, terms and conditions with regard to this information, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law.
Medical advice
We are unable to provide individual/personal medical advice and would recommend that you instead speak with your healthcare professional team.
Uploading content to our programmes
Whenever you make use of a feature that allows you to manually add content to the programme (i.e. health trackers, decision maker), or to make contact with other users via our Chat forum, you must comply with the content standards set out in our Acceptable Use Policy.
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 programmes and platform to access our website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access, the server on which our programmes are stored or any server, computer or database connected to the NHS Healthy Living service. You must not attack our website 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 the NHS Healthy Living service will cease immediately.
Linking to the NHS Healthy Living service
The links provided from the programmes have been authorised by UHL. If you would like information about obtaining UHL’s permission to use any content of NHS Healthy Living service or if you would like to link your website to the NHS Healthy Living service, please write to: uhl-tr.healthyliving@nhs.net
If any consent is given by UHL to create a link, you must ensure that 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 Service in any website that is not owned by you.
Our Service must not be framed on any other website.
We reserve the right to withdraw linking permission without notice and we shall not be obliged to give a reason for doing so.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you become concerned about the content of a website linked to or from our programmes, please inform UHL immediately via e-mail uhl-tr.healtyliving@nhs.net.
If your complaint is about unsuitable content, you may also consider reporting the matter to the Internet Watch Foundation who can be contacted via their Web site at www.iwf.org.uk.
Third party links and resources
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those websites or resources.
A reference within our programmes to any persons, products, websites or services does not constitute or imply their endorsement, recommendation or favouring by UHL.
VARIATIONS OF THESE TERMS OF USE
UHL reserves the right to change these Terms of Use and notices under which the Service is offered. We will do this by altering these Terms of Use and this alteration will then be of immediate effect. For this reason, you should regularly visit these Terms of Use within the Legal section of the main menu or the footer of the landing page, as the current version will be binding on you. We may bring changes directly to your attention.
Applicable law
If you are a consumer, please note that these Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. In using the services available on this website or by contacting our helpdesk, you will always obey all applicable laws.
If you are a business, these Terms of Use, its subject matter and its 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.
In operating this Service, UHL adheres to relevant statutory duties and best practice guidance listed below. This list is not exhaustive but provides the legal and professional frameworks upon which the site is reviewed on an on-going basis:
UK General Data Protection Regulation
Data Protection Act 2018
Information Commissioner’s Office guidance
Freedom of Information Act 2000
Human Rights Act 1998
NHS Information security management guidance
Common law of confidence
Caldicott Guardianship
NHS Code of Confidentiality
NHS Code of Practice: Information Security Management
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and UHL as a result of these Terms of Use or use of one of our programmes. Each and every provision of these Terms of Use is separate and severable. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the validity and enforceability of the remainder of these Terms of Use shall not be affected.
These Terms of Use constitutes the entire agreement between you and UHL with respect to our Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and UHL with respect to the Service. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Service.
Contact us
To contact us, please email uhl-tr.healthylivinghelpdesk@nhs.net
Thank you for taking part in the NHS Healthy Living service.