TERMS AND CONDITIONS AND USE OF WEBSITE FOR www.healthservicediscounts.com
Last updated on 8 July 2021
1 ABOUT THE WEBSITE AND THESE TERMS AND CONDITIONS
The terms and conditions apply to all and any use of www.healthservicediscounts.com (the Website) which is owned and operated by Network Digital Marketing Ltd, (Network Digital Marketing or “we” or “us”) a company registered in England and Wales, Company Registration Number 04009390. Our Registered Office is at Unit 3 First Floor Glass House Business Park, Glass House Road, Wigan, Lancashire, England, WN3 6GL.
When we refer to a “User” (you) we mean anyone viewing or using the Website for any reason. Users can choose become “Members” by joining via the Website to access discount codes for organisations offering goods and services (“Merchants”).
By using the Website, you agree to be bound by these terms and conditions in their entirety. If you do not agree with any of the terms and conditions, do not use this Website.
We reserve the right to update or amend these Terms and Conditions at any time, and your continued use of the Website following any changes will be deemed your acceptance of such change. It is, therefore, your responsibility to check the Terms and Conditions regularly for any changes.
2 USING THE WEBSITE
(2) (a) Offers are only exclusively available for individual Members when logged into their account.
(b) Members must not share, provide, display or otherwise make offers available to other people or organisations, including, for example, providing them on social networks online forums. This includes offers which are sent to Members via emails or other communications.
(3) Any Member who uses a Merchant’s offer is then redirected (via a link) to that Merchant so the Member can take advantage of the offer by, for example, making a purchase (entering into a transaction). Any decision to enter into a transaction is the sole responsibility of the User/ Member who is advised to read the individual Merchant’s terms and conditions before finalising any transaction.
(4) All transactions which take place whilst using the Website are completed directly with the applicable Merchant who is responsible for the security, completion and fulfilment of that transaction. Members enter into a separate agreement which has nothing to do with us and Members specifically confirm that we can not be held liable in this regard. Payments are made directly to the Merchant who will deal with all cancellations, refunds or issues. Since we are not responsible for and are never a party to any transaction (which is made directly between any User/Member or Merchant) we do not have any legal obligations which apply to those Merchants.
(6) (a) If an offer does not work, Members should contact us using the Help facility at https://healthservicediscounts.zendesk.com/hc/en-gb/requests/new.
(b) Offers cannot be applied:
(i) unless you use the Website and enter the correct offer/code at checkout
(ii) retrospectively (after you have completed a transaction).
(7) For the avoidance of any doubt, if the law allows we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of data, profits, reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to the website or its use. In the unlikely event any User has any right, claim or action against us, then, in so far as the law allows, the User’s claim will be limited to the sum of £100.
(8) Without limiting any other remedies available to us, we may terminate, suspend or limit any use/registration/account at our absolute discretion, either with or without notice, particularly, where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any of the Terms and Conditions or security. If we do not act upon any breach immediately, you should not assume we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
(9) Each User agrees to indemnify and hold Network Digital Marketing and its employees and agents harmless from and against all liabilities, damages, losses, costs and other expenses, including any legal fees, known and unknown, arising from or in any way connected with a breach of these Terms and conditions by or connected with that of the User or their use of the website.
3 WEBSITE SUPPLY
(1) Full use of this Website and its contents will only be for registered Users who are signed in and do not disable cookies. If you are not registered or disable cookies you may be able to view some of the Website, but may not be able to fully participate.
(2) (a) Whilst we will use our reasonable endeavours to supply the Website by ensuring it is available on the internet, we are not be responsible for any failure to provide the Website or for any unavailability. The Website is available on an “as is” and “when available” basis, with no warranty (express or implied including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy) and time is not of the essence. We reserve the right to terminate the Website or alter the Website and its contents without prior notice.
(b) We cannot guarantee that the Website will be uninterrupted, secure or error-free. We will not be responsible for any interruption, losses or consequences whatsoever, including any tampering or hacking, nor for any browser crashes which may result in data loss, consequential errors or omissions whilst using the Website.
(3) Our Website contains links to third party websites not maintained or controlled by us and while we choose Merchants carefully, we can not be held liable for these websites nor any material whatsoever displayed on or via them.
(4) We do not make any warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the Website. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any email attachment or document we send to you.
(5)(a) We make every effort to ensure that anything displayed on our Website, including any content, is displayed as accurately as possible but can not be responsible for variations. For example, what you see (particularly in so far as colours and shapes are concerned) depends on your monitor and settings and we can not guarantee that this will be accurate.
(b) Offers and advertisements on the Website contain materials created and submitted by Merchants and other third parties so we accept no liability whatsoever in this regard, including any issues that may arise.
(6) We reserve the right to suspend the services where necessary and particularly, but not exclusively, for repair, maintenance or improvement.
(7) Users may terminate use of the Website without giving us prior notice but:
(a) Members who wish to cancel their account should contact us using https://healthservicediscounts.zendesk.com/hc/en-gb/requests/new or use the link at the bottom of the emails received from us.
(b) Merchants must adhere to the terms of their individual agreement with us.
(1) When using the Website we define offers provided to the Members as follows:
(a) “Member Benefit Offer” means an offer and/or discount available from a Merchant with a benefit to our Members and the same offer and/or discount is not available to the general public,
(b) “Sale Only Offer” means an offer and/or discount available from a Merchant which is likewise also made available to the general public.
(2) We confirm that in the course of promoting the goods and/or services offered by the Merchants to our Members we advertise both Member Benefit Offers and Sale Only Offers on the Website and for the avoidance of doubt we confirm that Member Benefit Offers and Sale Only Offers will have the meaning as defined in this Clause.
5 MEMBER ACCOUNT, PASSWORD AND SECURITY
(1) Full use of the Website as a Members requires Users to open an account and complete the registration process by providing certain information and registering a username and password. Each person or organisation may only register once, have one account and can not change their Member ID. A Member’s full use of the Website only becomes valid once we have approved registration and we reserve the right to lawfully refuse registration which is exercised using our sole discretion.
(2) Members are solely responsible for maintaining the confidentiality of the username and password and for all use and activities under their account. We will not be liable for any indirect or consequential loss or damage whatsoever resulting from a Member’s disclosure of their username and/or password.
(3) Members are responsible for making sure that their account information is correct and always up-to-date and must immediately let us know about any information changes (for example a change of email address) by logging into their account and making the changes on the dashboard or submitting a request at https://healthservicediscounts.zendesk.com/hc/en-gb/requests/new. We may also change registration requirements from time to time and reserve the right to ask Members to change their usernames and/or password at any time to protect that account.
(4) Members who forget or lose their password or account details must follow the “Forgotten Password” process details of which are located here.
(5) Members can not in any way transfer their registration/account or obligations and we advise Members not to allow anyone else to use their account without the Member’s express knowledge and permission. Members also specifically confirm that they will:
(a) Notify us immediately of any unauthorised use, including any unauthorised use of their registration/account with the Website or any other known or suspected breach of security and
(b) Use their reasonable efforts to immediately stop any such misuse.
6 PARENTAL SUPERVISION
Parents should supervise any children whom they allow to access Website and accept responsibility for the child’s use. We specifically advise Users against revealing any child’s personally identifiable information.
7 WEBSITE USE & INTELLECTUAL PROPERTY
(1) Use of the Website is by licence only and Users acknowledge and agree that all copyright, trademarks and all other Intellectual Property Rights in the Website and its “content” (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to us or otherwise used by us as allowed by law.
(2) Users agree that the content made available as part of their use of this website is made available, on licence, for their personal, non-commercial use only. Users may not, nor assist any other person or organisation, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display, use, reproduce, sell, distribute, store, modify, make derivative works of or create Internet “links” to the website without our express permission in writing including use of our name and any copyrighted or trademarks content. We give Members our express permission to download, copy and/or print of pages of the Website for personal, non-commercial home use only (for example to remember a Merchant’s offer).
(3) Network Digital Marketing can not be liable for any breaches or infringements of any copyright, trademark or other intellectual property rights.
(1) Users can
- use the Help section of our Website here.
- contact us using https://healthservicediscounts.zendesk.com/hc/en-gb/requests/new
We aim to respond to any queries as soon as possible and usually within 7 days.
(2) If any complaint may amount to a breach by us then Users agree to allow us 30 days to remedy that breach.
(3) Any legal Notices, including those to which the sender has not received an acknowledgment within 7 days, must be sent in writing to our Registered Office address using tracked post and will be deemed to have been received on the fourth working day after posting, provided that the sender has stamped verified proof of posting.
9 GENERAL TERMS
(1)(a) The rights given or obligations and duties imposed on any User (including Members) cannot be transferred, sold, assigned, delegated, conveyed rented, subcontracted or shared in any way by you and nobody else can benefit but the individual User.
(b) We reserve the right to transfer, sell, assign, delegate, convey, rent, subcontract or share all or any part of the rights, duties or obligations and provision of the Website.
(2) Invalidity and severance - Each clause or any part at all of these Terms and Conditions and any agreement is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions and agreement.
(3) These Terms and Conditions and agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.