Website Use – T’s & C’s

The information below tells you how you may use our website and any other services provided by Select Medical for your own personal, non-commercial use. Please read these terms and conditions (the “Terms”) carefully.

Select Medical updates these Terms from time to time so please review them regularly. These terms were last updated in September 2015.

What do these Terms cover?
These Terms set out key information about your rights and obligations, and the restrictions that may apply, when you:

  • use any of our website including, but not limited to the provision of online material, social media and/or any interactive applications (apps), audio visual content, text, photos, posts, advertising and any similar service that we currently provide or may make available in the future.

Who uses and who provides our website?
References to “you” or “your” mean you as a user of our website. References to “we”, “us”, “our”, “Select” or “Select Medical” are to the provider of the website, which is Select Medical Limited, a company registered in England & Wales with registered office at:

Unit 10 Philips Rd, Whitebirk Industrial Estate, Blackburn, BB1 5NA. Reg No. 4281283.

If you have any questions, queries or complaints about these Terms, or our website, please use our Contact Us section.

Why should you read these Terms?
Please read these Terms (and any additional terms of use and privacy policies we provide) carefully before using our website. By accessing and continuing to use our website, you agree to be legally bound by the version of these Terms in force at that time. If you do not agree with any of our Terms then you should not use our website or any of our services provided.

Will these Terms change?
Yes, these Terms may be updated from time to time and the current version of these terms will be posted on our website. The edition of our Terms that is current at the time you use the website will apply to your use of the website. You as the user should make certain you review these Terms on a regular basis to familiarise yourself with any updates. Your use of our website and services following any such update will represent your acceptance of the revised Terms.

Will any other Terms and Conditions apply to use of the website?
In addition to these Terms, the following terms and conditions may also apply to your use of our website:

  • You may be asked to agree to additional terms and conditions (“Additional Terms and Conditions”) when using our site, for example, before entering competitions, submitting materials, newsletter subscriptions, purchasing product or other goods and via our website, or using any of our interactive applications which may be available, for example on social media platforms or via a mobile handset. If there is any inconsistency between these Terms and any such Additional Terms and Conditions, the Additional Terms and Conditions will prevail to the extent of such inconsistency.

Please read our Privacy Policy posted on our website, which contains important information about how we use any personal information about you that is received through your use of our website services. If there is any inconsistency between these Terms and the terms of our Privacy Policy, the Privacy Policy will prevail to the extent of such inconsistency.

Please also read the section below entitled “Our Approach to External Linking” regarding certain pages and services that are provided on our website and which are managed, hosted and/or operated by a third party.

Who is responsible for the availability and content of our website?
The website is made available to you by Select at our sole and absolute discretion. We may change or withdraw the site, or the period during which is available, at any time at our sole and absolute discretion. We may do this without notice to you. We have absolute editorial control over our website at all times.

Your rights and obligations when using our website
If you comply with these Terms, any other applicable terms (including but not limited to our Privacy Policy and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the website and/or any third party terms) and with all applicable laws and regulations, you may use our website.

What are your obligations?
By accessing any part of our website you agree that you will only use it:

  • for your own use
  • for lawful purposes

You understand and accept that the hardware you use to access our site may require certain software in order for the website to work correctly and it is your sole responsibility to ensure that you have the required software before accessing it. In order to use the website, you may be required to obtain certain updates and/or upgrades to your hardware. You are solely responsible for any costs and/or fees associated with any such updates/upgrades to any hardware or software.

You agree to compensate us in respect of any damages or losses suffered by us as a result of any claim made by a third party relating to:

  • your use of the website in breach of these Terms (or any other applicable terms)
  • your violation of any applicable law or regulation when using the website

You promise to us that you are authorised to agree to these Terms and any other terms that apply to the use of our website (including but not limited to our Privacy Policy and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the website and/or any third party terms).

What are the restrictions on using our website?
By accessing any part of our website you agree that you will not:

  • use our website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person
  • use our website to in any way infringe the privacy or other rights of other users of the website
  • do anything that may cause damage to the website or our servers, systems or equipment or those of third parties, nor access or attempt to access any users’ data
  • misuse or do anything that disrupts all or any part of the website, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful
  • state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to any of our website
  • block, disable, obscure or impair any advertising on the website

Do you need to register to use the website?
You may be required to register your details for certain areas such as Newsletter subscription and you promise that all information and details provided are true, accurate and up to date in all respects and at all times.

If supplied with a username and/or password, you are responsible for all activity that occurs under your username and password. You must keep any password confidential and we will not be responsible where your password is used by someone else. You should notify us immediately of any unauthorised use of any Account and any possible breach of security as soon as you become aware of it.

What are our rights in relation to your use of the website?
We reserve the right to suspend, restrict or terminate your access to all or any part of the website at any time at our sole and absolute discretion.

We may also permanently ban or temporarily suspend you from using the website if you do not comply with these Terms or any other applicable terms, at our sole and absolute discretion.

What are our obligations and limits on liability?
Our website is provided on an ‘as is’ and ‘as available’ basis. We cannot promise that our site will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the website will be available on all devices. However, we make every effort to ensure the user experience of the site is not compromised across various platforms and have optimised for PC, laptop, tablet and phone use. We make no guarantee that all the features of the website will work on any particular device.

The website may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control.
Where you are required to obtain certain updates and/or upgrades to your hardware or software in order to use the website, you are solely responsible for any costs and/or fees associated with any such updates/upgrades and we make no guarantees in respect of the compatibility of your hardware or software with the website and/or any updates/upgrades.

In addition to other specific exclusions of liability set out in these Terms, we do not accept any liability for:

  • any damage or loss caused to you while using our website in breach of these Terms, including but not limited to where you are using our website for purposes other than your own personal, non-commercial use
  • any loss of data that results from your use of the website
  • any loss of income, revenue, business, profits or contracts that results from your use of the website
  • any failure, suspension and/or termination of access to the website and/or any content in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents)
  • any claims brought against you by a third party except as stated in these Terms
  • any damage or loss caused to you where such damage or loss
  • is not reasonably foreseeable to you and us when you use the website
  • is reasonably foreseeable to you and us but is only indirectly related to your use of the website; in both cases including where the damage or loss results from our breach of these Terms

Any content or other materials included in our website do not, and are not intended to, amount to advice on which you should rely. Consequently, we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials.

Nothing in these Terms will:

  • restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office; Citizen’s Advice Bureau or British Healthcare Trades Association)
  • limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or other liability which cannot be excluded or limited under applicable law

Who owns the intellectual property in the website?
All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the website and all material or content made available by our website (excluding any User Generated Content see below) are and will remain at all times the property of Select (or third parties, as applicable).

Who can use the intellectual property in the website?
The names, images and logos identifying us, our partners or third parties and our/their products and services contained in our website are proprietary marks and may not be reproduced or otherwise used without our express permission.
Nothing contained in these Terms grants you a licence or a right to use any copyright, trademarks, design rights, patents or other intellectual property right owned or controlled by us, its licensors or any third party, except to the limited extent necessary to view our website.
Can the content of the website be copied?
You may not copy all or any part of any materials or content made available by us via our website except to the extent permitted in these Terms, or expressly by us, or in law. If the website is accessed by an authorised person for or on behalf of an educational establishment for the non-commercial educational purposes of that educational establishment then permission is granted, provided that the educational establishment:

  • complies with these Terms
  • makes reference to Select Medical as the source within the content of its use

Who is responsible for user generated content?
The website may incorporate certain content that is generated either by users of the website (including you) or through third party applications/widgets (eg from “social media” platforms such as Facebook or Twitter) (“User Generated Content”). You agree and acknowledge that:

  • our ability to control the User Generated Content is limited
  • we do not endorse User Generated Content and cannot guarantee that it will meet the standards that content produced by us would ordinarily meet
  • any views expressed in User Generated Content do not necessarily reflect our views

Consequently, we do not accept any responsibility or liability for User Generated Content or any actions or omissions that you may take in reliance on it.

Are my details kept safe?
We use security measures to keep details you have provided to us safe, but we advise that you never reveal to others via the website any personal information about yourself or anyone else (for example: telephone number, home address or email address). You are entirely responsible for maintaining the confidentiality of your details when using our website.

Can you link to our website?
You may link your website to the home page of our website, provided that you own that website and that you do so in a way that is fair, legal and does not take advantage of or damage our reputation and any such link is for non-commercial purposes. Any such link must not, suggest or in any way give the impression that you have any commercial relationship with us, or that we have approved or endorsed such link. We reserve the right to withdraw permission to link to our website at any time without notice at our sole and absolute discretion.

Our approach to external linking – How it works?
Our website provides links to both internal (Select) and external (non-Select) sites. We select links that are appropriate to pressure area care and are suitable for our visitors.

These third parties are companies wholly independent of us and are solely responsible for all aspects of any transaction you may make using their site. They may have their own privacy policies and/or terms and conditions of use. Your use of such third party websites and services will be governed by their terms and conditions and privacy policies, we therefore recommend you read such terms and conditions and privacy policies and you agree to comply with them. For the contact details of the applicable third party see that third party’s terms and conditions available on their site.

Links are included for a number of reasons, including:

  • relevant information & resource material
  • useful & practical information on pressure ulcer management
  • professional informed comment

We do not link to external sites in return for cash, services or any other consideration in kind – we link purely on editorial merit.

Links to external websites
Select Medical is not responsible for the content of external websites. This is because:

  • we don’t own them or maintain them
  • we can’t change them
  • we have no knowldge of when they might change

You are free to choose whether or not to follow links to third party websites. Consequently, we do not accept any responsibility or liability for content or any actions or omissions that you may take in reliance on it. We are not responsible for the contents or availability of such third party websites or services (including the failure of any links to them). We do not endorse the material contained in their websites or services. Any links to third party services are provided for your convenience only.

Some of our external links may be to websites which also offer commercial products and services.  A link to an external website from Select Medical should not be construed as an endorsement of that website or the site’s owners (or their products/services).

Select Medical is not responsible for the content of external websites. This is because:

  • we do not produce them or manage them
  • we can’t change them
  • the sites can be changed without our knowing

If you follow a link to a third party service, you agree that:

  • we won’t be party to any transaction or contract with a third party that you may enter into (which may include, but is not limited to, a transaction or contract where the third party sells or otherwise provides product or services)
  • we will not be supplying those products or services to you
  • we won’t be liable to you for any loss or damage which you may suffer by using those third party websites and/or products and services
  • You agree that you will not involve us in any dispute you may have with such third party websites and services

Links to user content
Some of the content we link to is generated by members of the public (blog/news posts for example). The views expressed are those of the author and unless specifically stated are not those of Select Medical. If you consider this content to be inappropriate, please alert us to the fact together with where the material appears.

Can a third party enforce these Terms?
These terms do not create any rights that are enforceable by any person who is not a party to these Terms.

What happens if we do not enforce a right under these Terms against you?
If we decide not to exercise or enforce a right that we have against you (e.g. as a result of you breaching our Terms), this does not prevent us from doing so at a later date.

What happens if part of these Terms is not enforceable?
If any part of our Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then that invalid or unenforceable part will be deemed deleted from our Terms, such invalidity or unenforceability will not affect the other parts of these Terms and they will remain in full force and effect.

What happens if there is a dispute about these Terms?
These Terms are provided in English only and are governed by and construed in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in relation with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.

Contact Us
If you have any questions, queries or complaints then you can email us at sales@selectmedical or call us on 01254 66 88 99 or write to us at Select Medical Limited, Unit 10 Philips Rd, Whitebirk Industrial Estate, Blackburn, BB1 5NA.

© 2017. Select Medical