Terms & conditions

Please read these terms and conditions before using this platform.

By signing up to this platform, you are agreeing to the terms and conditions outlined by the maintainers and concept owners of Ask Cornwall- Healthwatch Cornwall, and the platform providers, Made Open.

The maintainers of Ask Cornwall platform are Ask Cornwall Team – Healthwatch Cornwall who manage platform content and users, promotion and communications. Users should contact Healthwatch Cornwall in regard to participation with the platform. We are referred to as ‘us’, ‘our’ and ‘we’ in these terms and conditions.

HEALTHWATCH CORNWALL is a trading name of HEALTHWATCH in CORNWALL, a private Community Interest Company (CIC) by guarantee without share capital, registered company number 08399730 in England and Wales here after referred to as Healthwatch Cornwall. Registered office: 6 Walsingham Place, Truro TR1 2RP

The concept of Ask Cornwall is owned by Healthwatch Cornwall and funded by Healthwatch Cornwall and proportionately by Ask Cornwall partnerships as acknowledged on the platform homepage. More information about the partners can be accessed at https://askcornwall.co.uk/ask-cornwall-partners 

The platform providers are Made Open. They own, develop and supply the platform for the delivery of the services by Ask Cornwall- Healthwatch Cornwall. This platform is a copyrighted work belonging to Made Open (we are referred to as “us”, “our” and “we” in these terms and conditions). Made Open are a company registered in England and Wales and its company registration number is 4309700. Its VAT number is 821531560 and its business address is School House Office, Market Street, Devoran, Truro, Cornwall, TR3 6QA.

These terms and conditions govern your access to and use of the platform, whether as a guest or registered user. In addition, our Privacy Policy tells you how we process your personal data and our Cookie Policy tells you how we use cookies on this platform.

By accessing, browsing or registering on our platform, you agree to be bound by these terms and conditions, and you represent and warrant that you have the right, authority and capacity to enter into this agreement.

You also recognise and agree that Made Open own the Intellectual Property Rights for the technology, the service and all documentation being used to deliver the service. Additionally, you recognise and agree that the Healthwatch Cornwall own the Intellectual Property Rights for the Ask Cornwall concept and branding, as well as the content on the site unless otherwise attributed to another owner, including Made Open, or collected from a free license content database. For further content standards rights please see section 4.

We hereby grant you a personal, limited, non-exclusive, revocable, non-sub licensable and non-transferable right to access and use our platform for your own personal, domestic and non-business purposes.

If you do not agree to all the provisions of this agreement, you must not access or use our platform.

All the points below are an agreement between yourselves and all parties involved in Ask Cornwall, unless otherwise stated.

To use certain features of the platform, you must register for an account. In signing up to Ask Cornwall, you agree to the conditions outlined by the platform owners and site maintainers. The promises between us all include:

  • You promise you are 16 years of age or older on registering for the account.
  • You promise to provide accurate information about yourself and/or your services, events and other content provided.
  • You promise to notify us of any unauthorised use of your account as soon as possible.
  • You agree that we are not liable for any loss or damage arising from your failure to notify us of unauthorised use of your account.
  • You are happy that we can amend the terms and conditions from time to time by updating this page. We will endeavour to notify you as soon as possible that the page has been updated.
  • You promise to be responsible at all times for complying with the current version of this agreement and agree that your continued use of the platform constitutes your acceptance of our latest terms and conditions.
  • You promise you are aware that the Made Open Platform is made available to you free of charge.
  • You promise you are aware that the site maintainers (Healthwatch Cornwall) rely on funding to maintain and develop Ask Cornwall as a community platform, and allows them to deliver Ask Cornwall to you, free of charge; this point remains the priority in the deliverance of this service. Should the current funding streams cease and we cannot find suitable alternatives, we reserve the right to consider service charges or work with other organisations, such as platform partnership, to deliver the service. Members will be given notification if the impacts will affect the terms of use and the right to delete their account and data.
  • You promise to be understanding that we cannot guarantee that the platform, or any content on it, will always be available or uninterrupted. We welcome people to enquire with the site maintainers around content or platform availability should any issues arise.
  • You promise to be understanding that we cannot guarantee that our platform, or any content on it, will always be free from errors, omissions or be the most up-to-date information. If there is a mistake on the site, please contact the site maintainers to investigate and fix it. The site maintainers (Healthwatch Cornwall) may be required to pass the request onto the platform providers (Made Open) where appropriate. Your details will be anonymised where possible, however, we will ask for your consent to pass on your information to the platform providers if required to fix the problem.
  • We promise to try and give you reasonable notice of any major changes and what this means for you as a member.
  • The maintainers of the site will endeavour to provide you with support and maintenance in regard to the content on this site as soon as we can if you contact us, but this is subject to availability. The platform owners are under no obligation to provide you with any support or maintenance in connection with the platform and we encourage any members or site visitors to contact the site maintainers for help or requests in relation to Ask Cornwall.
  • You are responsible for making all arrangements necessary to access our platform. However, if you need assistance with the platform, please visit the Help page or contact the site maintainers.
  • All persons who access our platform through your internet connection must comply with this agreement.
  • The content on our platform is provided for general information purposes only. The content on this platform is generated by site users and therefore should not be assumed or taken as advice.
  • Our platform requires an internet connected device running on the latest two versions of Chrome, Edge, Firefox or Safari.
  • Our platform works on devices running Internet Explorer 11 but we cannot guarantee best experience as this varied between devices and settings applied.
  • Third-party open source software is included within the Made Open platform and the terms of their open source licence may override some of the terms of this agreement.
  • You may stop using this platform at any time.

You are also aware of the following, as dictated by the site maintainers (Healthwatch Cornwall):

The information within the platform is open to the public for viewing, any activity such as submitting a question or messaging directly to other members requires registration of membership and compliance with our Terms and Conditions.

As the platform is for public viewing, please only include information you are happy to share publicly. You do have the option to hide any information on the platform and we encourage members to use this where needed.

Your information may have been added by a third party. If you discover your information has been included and you do not wish it to be, please contact us messaging directly on Ask Cornwall or at enquiries@healthwatchcornwall.co.uk to take it down.

Further details are available in the Acceptable Use Policy in section 3.

Whenever you upload content to our platform, or contact members of our platform, you must comply with the following terms which constitute our “Acceptable Use Policy”:

You must:

  • Use our platform only for lawful purposes with permission and for the interests you represent.
  • Provide true and accurate information about yourself and your content on the platform or face termination of your membership and content.
  • Keep your user account details and passwords confidential.
  • Include the Made Open copyright notice on any references you make to our platform technology and include credit to Healthwatch Cornwall and their Ask Cornwall partners within references made to Ask Cornwall specifically.
  • Comply with all technology laws and regulations that apply to the use of the Made Open

You must not:

  • Use the Made Open platform technology for commercial purposes without obtaining a licence to do so from Made Open.
  • Embed anything from our platform, including technology or content, into other programs without our written permission.
  • Make the Made Open platform or source code available to any person without written permission by Made Open.
  • Disassemble, decompile, reverse-engineer or create derivative works of the Made Open platform or Ask Cornwall.
  • Attempt to contravene section 296A of the Copyright, Designs and Patents Act 1988.
  • Use the credentials of any person or entity to access the platform without their knowledge and consent.
  • Use our platform to act fraudulently or maliciously.
  • Hack into or insert malicious code, including viruses or harmful data, into the Made Open platform for any purpose.
  • Infringe the intellectual property rights of any parties involved in delivering Cornwall Link.
  • Transmit material that is defamatory, offensive or objectionable when using this platform.
  • Use the platform in any way that could compromise our systems, security or interfere with other users.
  • Collect or harvest any information or data from our service or systems.
  • Use our platform to harm or attempt to harm anyone in in any way. This includes using the platform to harass or interfere with any other member’s use and enjoyment of the platform. If you, your content or comments are reported to us, we – the maintainers of the site – will investigate the claim and reserve the right to ban you from the platform. In safeguarding cases, it may be required by the site maintainers and/or the platform owners to follow safeguarding practices as required and outlined by our respective agencies.
  • Transmit any unsolicited or unauthorised advertising or promotional material (spam).
  • Suggest any form of association, approval or endorsement on our part where none exists. You will need written permission from the maintainers to imply or promote a connection or endorsement from Ask Cornwall and written permission from Made Open in regard to the platform technology.
  • Damage our reputation or take advantage of it. We (as a collective) reserve the right to request comments or misinformation to be taken down and/or pursue legal action where appropriate.
  • Send, upload, download, use or re-use any material which does not comply with our content standards.

In addition, and further to the point above:

  • You have sole responsibility for all content or data which is uploaded by you to our platform.
  • You therefore indemnify us for any breach of third-party intellectual property rights or copyright.
  • We shall not be responsible, or liable to any third party, for the content posted by you on our platform. This includes written or visual assets. We encourage you to check the usage you have before uploading. We are not responsible for checking the usage of content uploaded by members.
  • Any content you upload to our platform will be considered non-confidential and non-proprietary.
  • All intellectual property rights in the content you upload on the platform shall remain with you (or your relevant licensors).
  • By publishing to this platform, you grant us inherent worldwide, royalty free, non-exclusive, transferable licence (i.e. permission) to copy, store, modify, display and use for platform and/or your content promotion and signposting, stories and press releases, and as evidence of good practice.
  • You hereby warrant to us that you have the full requisite power and authority to grant us such usage rights in the content you upload to our platform.
  • You shall be responsible for obtaining and maintaining all licences required for the use of the content you upload to our platform, including payment of all associated licence fees and other costs.

You must comply with the spirit and the letter of the “Content Standards” set out below. These apply to all material which you contribute to our platform and we will determine, in our sole discretion, whether a contribution breaches the Content Standards.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

 

Contributions must not:

  • Contain any material which is defamatory of any person. We reserve the right to remove you and your content from the platform should we deem your material is any of the above.
  • Contain any material which is obscene, offensive, hateful, illegal, sexually explicit or inflammatory. We reserve the right to remove you and your content from the platform should we deem your material is any of the above.
  • Promote violence. We reserve the right to remove you and your content from the platform should we deem your material is any of the above.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. We reserve the right to remove you and your content from the platform should we deem your material is any of the above.
  • Infringe any copyright, database right or trade mark of any other person. We encourage you to check the usage you have before uploading as we will not check this.
  • Be likely to deceive any person. We reserve the right to remove you and your content from the platform should you intentionally or unintentionally deceive another member.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence. We reserve the right to remove you and your content from the platform should this be the case and cooperate with the third party if required.
  • Be threatening, harass, upset, embarrass, alarm or annoy any other person, or invade their privacy. We reserve the right to remove you and your content from the platform should this be the case and cooperate with authority bodies if required.
  • Impersonate any person or misrepresent your identity or affiliation with any person. We reserve the right to remove you and your content from the platform should this be the case and cooperate with authority bodies if required.
  • Give the impression that they emanate from us, if this is not the case. We reserve the right to remove you and your content from the platform should this be the case and seek legal action if required.

Without prejudice to any other rights or remedies, we may terminate your account immediately by written notice to you:

 

If you commit a material or persistent breach of these terms and conditions which you fail to remedy within 14 days.

If you breach any of our policies on ‘acceptable use’ and ‘content standards’.

If we terminate, novate or assign any licence or agreement relating to our service.

On termination for any reason:

 

  • All rights granted to you under these terms and conditions shall cease.
  • You must immediately cease all activities authorised by these terms and conditions, including your use of our platform.
  • The maintainers of the site will delete your account from our platform and Made Open will permanently delete your data from the database.
  • We will have no liability to you for termination of your rights under this agreement.
  • Any donations you may have made through the platform will not be refunded.

Failure to comply with our acceptable use and content standards policies constitutes a material breach of our terms and conditions and may result in our taking all or any of the following actions:

 

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we feel is necessary.

This agreement will remain in effect while you use the platform. You agree that we will not be liable to you or to any third party.

You may delete your account at any time, for any reason, by following the instructions on the platform or by contacting the site maintainers at enquiries@healthwatchcornwall.co.uk whereby they will delete your account and the platform owners, Made Open, will remove your information from the database.

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purpose you originally agreed to, unless we have another legitimate basis for doing so in law.

 

We provide interactive services on our platform such as messaging, chat rooms and/or bulletin boards. Content from within these services is not moderated (other than self-moderated by users and if reported to the site maintainers for investigation) but we do keep a record of all such content on the live databases held by Made Open.

Here’s what you need to know about how we moderate interactive services:

  • We are under no obligation to oversee, monitor or moderate any interactive service on our platform.
  • If notified of any issues, the site maintainers, Healthwatch Cornwall, will decide in each case whether to intervene or apply moderation.
  • We will normally provide you with a means of contacting us should a concern or difficulty arise. The request will be sent to the site maintainers to review and we will endeavour to deal with your report as soon as we can.
  • The use of our interactive services by a minor (below the age of 16) is subject to the consent of their parent or guardian.
  • We advise parents who permit their children to use an interactive service that moderation is not fool proof.
  • We are not liable for any actions that breach of our Acceptable Use Policy and/or the Content Standards.

You may link to our platform in a way that is fair, legal, does not damage our reputation or take advantage of it.

We reserve the right to withdraw linking permission without notice.

You must not suggest any form of association, approval or endorsement on our part where none exists. You will need written permission from the maintainers to imply or promote a connection or endorsement from Ask Cornwall and written permission from Made Open in regard to the platform technology.

The site managers are open to collaboration, linking or press requests about Ask Cornwall and you can contact us directly to review at enquiries@healthwatchcornwall.co.uk  stating Ask Cornwall within your subject line.

You must not establish a link to our platform in any website that is not owned by you. Any links to Ask Cornwall and/or the parties responsible for its development and management will require communication that a link to us has been established for us to review accordingly.

The website in which you are linking must comply in all aspects with our Acceptable Use Policy.

If you wish to make any use of content on our platform other than that set out above, please contact enquiries@healthwatchcornwall.uk with Ask Cornwall mentioned in the subject line. Whereby, any content branded Made Open, you will need to contact Made Open for permissions. If you are using Made Open branded content in the context of Ask Cornwall or vice versa, please contact both parties for permissions.

If you wish to enquire more about Ask Cornwall, please contact enquiries@healthwatchcornwall.co.uk.

If you wish to enquire more about the platform technology, please contact hello@madeopen.co.uk.

This platform is made up of user-generated content:

The content on our platform is provided for general information purposes only. The content on this platform is generated by site users and therefore should not be assumed or taken as advice.

We do not provide any representations, warranties or guarantees with respect to any content published on our platform.

We encourage members to review our Safeguarding Resources before contacting listing owners or other members.

Keep your virus software up to date

  • We shall not be liable for any loss or damage to your computer equipment, programs or data due to your use of our platform.
  • You should use your own virus protection software.

Links to third-party services

  • Third-party websites, services and adverts are not under our control and are provided for your convenience only.
  • We do not review, monitor or endorse third-party links and advertisements.
  • When you click on any third-party links, the applicable third party’s terms and policies apply.
  • We will not be liable for any loss or damage that may arise from your use of third-party services.

Miscellaneous

  • We may transfer our rights and obligations under this these terms and conditions to another organisation.
  • This will not affect your rights or our obligations.
  • We will not have waived our rights against you if we fail to insist that you perform your obligations under this agreement.

Content usage

Content may be published via social media, digital marketing and traditional marketing mediums to promote Ask Cornwall as a whole or help publicise your specific service, activity or event to increase awareness within the community. We (as a collective) reserve the right to promote this wherever we see fit – including events, workshops and fundraising celebrations.

Please see the Privacy Policy for full data protection and usage by the platform owners and site maintainers.

Nothing in these terms and conditions shall be construed as excluding or limiting our liability for: (i) death or personal injury caused by our negligence, or (ii) fraud or fraudulent misrepresentation, or (iii) any liability which cannot be excluded or limited under applicable law.

If you are a business, we will not be liable for any loss of profits or business, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or indirect or consequential loss or damage.

If you are an individual, we only provide our platform for domestic and private use. You agree not to use our platform 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.

 You acknowledge and agree that we will not be liable or responsible for any failure to perform our obligations under this these terms and conditions that is caused by any act or event beyond our reasonable control.

These terms and conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We all hereby irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions.

If any provision in these terms and conditions is invalid, illegal or unenforceable, then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted and the remainder of these terms and conditions shall remain in full force and effect.

If you wish to contact us in writing about Ask Cornwall, please use enquiries@healthwatchcornwall.co.uk  with Cornwall Link in the subject line. We will endeavour to attend to your request as soon as possible. 

If you wish to contact Made Open regarding the platform technology, please email hello@madeopen.co.uk. We will normally confirm receipt by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by email to the address you provide us.

You may delete your account at any time, for any reason, by following the instructions on the platform or by contacting the site maintainers at enquiries@healthwatchcornwall.co.uk whereby they will delete your account and the platform owners, Made Open, will remove your information from the database.

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purpose you originally agreed to, unless we have another legitimate basis for doing so in law.

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