Terms and Conditions
These are the terms and conditions subject to which you may use the websites operated and provided by EMS Healthcare Ltd ("EMS”) ("collectively the Websites"). These terms and conditions also explain how EMS uses any Personal Data (as defined in the Data Protection Act 1998 ("the Act")) you forward to it and what your obligations are in relation to such Personal Data.
By accessing, using and downloading the Websites you are indicating your acceptance to be bound by these terms and conditions ("the Agreement") and you re-affirm that acceptance every time you access the Websites.
Address: The Refinery, South Road, Ellesmere Port, Cheshire, CH65 4LE
Tel: 0151 350 1500
Fax: 0151 350 1501
VAT number: 108 3585 14
Company Reg: 8822554
EMS is a company registered in England. This Agreement is governed and construed in accordance with English law. You and EMS each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
Browse at your own risk
Please note that you access and use the Websites at your own risk. EMS is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the Websites. EMS assumes no responsibility for the contents of any other Websites to which the Websites have links and if you access any such linked Websites you do so at your own risk. EMS's inclusion of links to such websites does not imply any endorsement by EMS of the materials on such Websites. EMS does not permit any third party to operate a link to any of the Websites nor does it permit any third party to frame the Websites without obtaining EMS's prior written consent.
The Websites are accessed via the world-wide web ("WWW") which is independent of EMS. Your use of the WWW is at your own risk and subject to all applicable national and international laws and regulations. EMS has no responsibility for any information or services obtained by you on the WWW. EMS reserves the right to modify, supplement, move or delete portions of or add to the Websites at any time with or without notice.
All copyright and other rights (including database rights, trademarks (whether registered or unregistered) and all other intellectual property rights) in and to the Websites and their contents (which for the avoidance of doubt shall include all information contained in or available from the Websites ("the Contents")) are owned by or licensed to EMS or are otherwise used by EMS as permitted under applicable laws. Unless EMS explicitly states otherwise in writing, you may use, view, download, copy or print textual or graphic content of the Websites provided that it is solely used by you for the purpose of enquiring about the services provided by EMS and provided that you do not change or delete any copyright, trademark or other proprietary notices on such content. Under no circumstances may you use any Content in a manner that may give a false or misleading impression of EMS.
You agree not to copy, reproduce, store in any medium (including in any other websites), distribute, transmit, modify, alter, disseminate, create derivative works from all or any part of any of the Websites or edit any part of any of the Websites other than as permitted above without obtaining EMS's prior written consent.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any of the Websites.
You agree to use all Websites for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use of any of the Websites by, any third party.
The Websites and the Contents are provided for general information purposes only and whilst EMS has taken every care in the preparation of the Websites and the Contents, EMS cannot guarantee that the Contents will be completely up to date and free of mistakes. To the extent permitted by applicable law EMS makes no warranties, representations and/or undertakings (express or implied) in respect of the Websites and the Content (including the accuracy, reliability, suitability, quality, availability or completeness thereof). EMS excludes all liability (other than for death or personal injury caused by its negligence) in relation to the Websites and the Contents, whether such liability arises in contract, tort, negligence, breach of statutory duty or otherwise (including, without limitation, liability in respect of any losses, damages, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature, such as loss of profits, data, business or goodwill). EMS makes no claims or representations that any or all of the Contents may be lawfully viewed or downloaded outside England and Wales and unless otherwise specifically stated, the Contents and these Websites are directed solely at consumers and/or businesses who access these Websites from England and Wales. Access to such materials may not be legal by certain persons or in certain countries. If you choose to access the Websites from outside England or Wales, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Computer Viruses and Errors
Whilst EMS will use reasonable endeavours to ensure that the Websites do not contain or promulgate any errors, viruses, bugs, other malicious code or harmful components and will be uninterrupted, EMS makes no warranty or representation that this will be the case. However it is recommended that you should virus check all materials downloaded from the Websites and regularly check for the presence of errors, viruses, bugs, other malicious code, and harmful components.
EMS excludes to the fullest extent permitted by applicable laws all liability (other than liability for death or personal injury caused by EMS's negligence) in connection with any damage or loss caused by errors, viruses, bugs, other malicious code or harmful components originating or contracted from the Websites and any interruptions in the running of the Websites.
EMS shall have the right to immediately terminate your use of the Websites if EMS determines in their sole discretion that you have breached these terms and conditions or have otherwise been engaged in conduct which they determine in their sole discretion to be unacceptable.
Should you wish to make any comments to EMS about the Websites or if you have any questions relating to the same please contact EMS by email on email@example.com or writing to EMS at the above address or telephoning EMS on the above telephone number.
EMS may require certain details and Personal Data from you, including without limitation your name and email address. This policy is in relation to these details and any other Personal Data which EMS subsequently collects from you or about you (collectively "the Information").
Use and Disclosure of the Information and Client Information
EMS will use the Information in a variety of ways, some of which will assist and enable EMS to provide its services to its clients and prospective clients. This may include for example, EMS contacting you directly to monitor progress and to inform you of progress on specific projects and EMS publishing some Information (e.g. your name and email address) on certain pages of its Websites.
EMS may also in its sole discretion retain the Information and use it for direct marketing services, e.g. EMS may send marketing information to you. Such marketing information may relate to goods and/or services provided by EMS and/or third parties as well as goods and/or services provided by third parties which are entirely unrelated to your original requests.
EMS reserves the right to report any activity which EMS suspects violates any relevant laws or regulations to the appropriate authority. If EMS is requested by such authority for the Information EMS reserves the right to disclose it to them.
You shall indemnify and keep EMS and EMS's directors, officers, employees and agents fully indemnified against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by EMS on the advice of its legal advisors to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of any representations, warranties and/or undertakings or out of any claims by a third party based on any facts which if substantiated would constitute such a breach.
All Information will be kept as confidential and as secure as possible through the use of EMS's secure server software. This means that the Information can only be exchanged between you, EMS and any third party to whom EMS decides to transfer the Information to for the purposes detailed above. Furthermore as required by the Act EMS follows strict security procedures in the storage and disclosure of the Information which you have given to EMS, to prevent unauthorised access.
EMS uses industry standard practices to safeguard the confidentiality of the Information including "firewalls" and Secure Socket Layers. EMS treats the Information as an asset that must be protected against loss and unauthorised access. EMS employees use many different security techniques to protect the Information from unauthorised access by users inside and outside the company. However, "perfect security" does not exist on the Internet.
A cookie is a small chunk of data that is sent from the website’s server to the user’s browser and stored on the hard drive. The data stored within a session is lost once the browser is closed. Limiting cookies will affect the functionality of the EMS website.
ASP.NET sessions store information within a cookie for the functionality of the website. Sessions are deleted when the browser is closed. These cookies do not share any information with a third party.
Contour cookies store information for the functionality of the forms included within the website. Sessions are deleted when the browser is closed. These cookies do not share any information with a third party.
THIRD PARTY COOKIES
The cookie produced by Twitter is used to display the Twitter feed. For more information please see http://twitter.com/privacy
These cookies are used for the Google Captcha box on the contact page, in order for the Captcha to function. For more information please see http://www.google.com/ads/preferences/html/opt-out.html
Many browsers are set to automatically accept cookies. If you are using Microsoft's Internet Explorer, Mozilla Firefox, Google Chrome or Safari you should be able to configure your browser to restrict or block cookies, or you may wish to delete them, by going to your browsers settings. Below are short instructions for how to do this in the four most popular browsers:
Microsoft Internet Explorer: Click the 'Tools' icon in the top right hand corner and select 'Internet options'. In the pop up window select the 'Privacy' tab. From here you can adjust your cookie settings.
Google Chrome: Click the spanner in the top right hand corner and select 'Settings'. From here select 'Under the hood' and change the settings under 'Privacy'.
Mozilla Firefox: From the drop down menu in the top left hand corner select 'Options'. In the pop up window select the 'Privacy' tab. From here you can adjust your cookie settings.
Safari: From the settings drop down menu in the top right hand corner select 'Preferences'. Select the 'Security' tab and from here you can adjust your cookie settings.
Under the Data Protection Act 1998 all individuals are entitled on the payment of a fee, to be given from EMS a description of all Personal Data EMS holds about the individual, the purposes for which this is being processed and the recipients to whom this may be disclosed. All such individuals also have the right to have communicated to them in an intelligible form the information constituting the Personal Data and any information available to EMS as to the source of that Personal Data. If you require any further information on this point, please contact EMS as detailed above.
EMS reserves the right to vary the terms and conditions of this Agreement from time to time. Such variations become effective immediately upon the posting of the varied Agreement on the Websites. By continuing to use the Websites after such posting you will be deemed to accept such variations. You should visit this page periodically to review the terms and conditions of this Agreement because they are binding on you.
In the event that any term of this Agreement is held to be invalid, unlawful, void or for any reason unenforceable, that term shall be deemed severable and the remainder of this Agreement shall remain valid and enforceable. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
For the avoidance of doubt nothing in these terms and conditions shall confer on any third party any benefit or the right to enforce any terms contained herein.