Terms of Use
PatientPulse is brought to you by Niggle Limited, a UK limited company with registered number 6404691 whose registered office is at 62 Vale Farm Road, Woking, Surrey, GU21 6DP
1. Introduction
These Terms of Use set out the terms of the agreement (the Agreement) between Niggle Limited (Niggle) and you the user, as defined below, in respect of the Niggle services, as defined below. This Agreement is intended to regulate the rights and obligations of you the user when using Niggle, and also Niggle's rights and obligations with regard to your use of the Niggle services.
Entire Agreement. This Agreement refers to and is intended to be interpreted in conjunction with the Niggle Privacy Policy and the Niggle User Code of Conduct. By agreeing to be bound to the terms of this Agreement, you are acknowledging and accepting the latest version of these policies. This Agreement is intended to supersede any prior oral or written agreements, understandings or arrangements relating to the subject matter herein.
Severability. If any provision of this Agreement is held to be invalid or void or declared illegal, invalid or unenforceable for any reason whatsoever and that provision shall be divisible from this Agreement without materially altering the substance of this Agreement, it shall be deemed to be deleted from this Agreement and the validity of the remaining provisions shall not be affected or impaired in any way.
Waiver. No failure or delay on the part of Niggle in exercising any right, power or privilege under this Agreement shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
Jurisdiction & Governing Law. This Agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation, shall be governed by and construed in accordance with the law of England and Wales. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the purpose of hearing and determining any suit, action or proceedings and/or settling any disputes arising out of or in connection with this Agreement and for the purpose of enforcement of any judgement against their respective assets.
2. Definitions
Users of the Niggle services include any visitors to the Niggle websites (as defined below), or users of Niggle's text messaging service, including but not limited to individuals, businesses and organisations and their representatives, who access, view, read, browse, scrape, link to, contribute to, reproduce, refer to, or in any way use the Niggle services, whether or not payment is involved.
The Niggle services refers to all services and functionality provided by Niggle, including but not limited to the Niggle websites, and the collection, forwarding, storage and analysis of customer feedback data, information and content, and replies, and the supply of marketing and promotional materials, and the provision of features, services and facilities such as vouchers, reward points, SMS (text message) services, and online survey functionality.
The Niggle websites are the public webpages controlled by Niggle Limited at http://www.niggle.co.uk, http://www.patientpulse.co.uk and, for business users, http://www.nigglebusiness.com.
Members are businesses or organisations and their representatives who have submitted their business or organisation details and contact details to Niggle for the purpose of registering their business or organisation and using the Niggle service to promote their business or organisation and/or to receive feedback or other communications from customers or members of the public.
User content means information, compilations, communications, images, photographs, graphics, audio and videos that any User of the Niggle website or text messaging service may submit, post, or transmit to, or using the Niggle websites or the Niggle SMS (text messaging) service, including but not limited to feedback, opinions, suggestions, ratings and reviews, invitations, surveys and vouchers created by users, and information displayed as part of a user profile. User content does not describe personally identifiable information submitted while creating an account on the Niggle website.
Third party content means information, compilations, communications, images, photographs, graphics, audio and videos that is made available on the Niggle websites by parties other than Niggle or users, including but not limited to data providers who license data to Niggle for use on the Niggle websites.
Linked sites are sites accessible via a link from any part of the Niggle website or the Niggle services, which are not controlled by Niggle Limited and do not carry the Niggle logo at the top of the page.
3. Who May Use Niggle
To be eligible to use the Niggle services you must be at least 16 years old. In addition, you may not use the Niggle services or accept the Agreement if (a) you are not of legal age to form a binding contract, or (b) you are prohibited by law from receiving or using the Niggle services.
By accessing, viewing, contributing to, using, linking to, reproducing or otherwise referring to any one or more of the Niggle services, you represent and warrant that you have the right, authority and capacity to enter into the Agreement and to abide by all these Terms & Conditions, and you hereby expressly, irrevocably and unconditionally agree to be bound by the terms of the Agreement.
4. Membership of Niggle
To be eligible to be a member of Niggle (as defined above) you must be at least 18 years old, and must fulfil the eligibility criteria for users (detailed in paragraph 3 above). For clarity, members are not limited to commercial organisations, and are not limited to organisations which pay Niggle for using the Niggle service.
Member businesses and organisations will usually be represented by their manager or owner but their representative may also be another designed employee or associate, with permission delegated directly or indirectly by the business manager or owner. If you access or use the Niggle services on behalf of a company, entity or organisation, you represent and warrant that you are an authorised representative of such company, entity or organisation with the authority to bind it to the Agreement.
5. Use of the Niggle Services
You may use the Niggle services (subject to the eligibility criteria in paragraph 3) in accordance with the Niggle User Code of Conduct. Users are reminded that by agreeing to be bound to the terms of this Agreement, you are acknowledging and accepting the latest version of the Niggle User Code of Conduct. In particular, all and any user content submitted via the Niggle services is the sole responsibility of the person from whom such material originated. As such, if you submit any material about a business or organisation which is, for example, defamatory or unlawful in any other way, you could be sued by the business or organisation concerned.
You may delete your Niggle account at any time from your account page; however, please note that your identification, billing and contact information may remain in Niggle records for some period. Niggle reserves the right to delete accounts or information from the site at any time.
Users are advised that any contact they may have with other users, either using the Niggle services or continuing the contact through private means, is their sole choice and responsibility, whether or not the contact was initiated through the Niggle services. Private contact includes but is not limited to private emailing, telephoning and face-to-face communication.
Users are advised that any contact they may have with an advertiser or third party partner associated with the Niggle website, or any party connected with any other linked site (as defined above), is their sole choice and responsibility, whether or not the contact was initiated through the Niggle services. Such contact includes any subsequent trading or other activity or interaction. In particular it is the exclusive responsibility of users to satisfy themselves in every respect as to advertisers upon the site and the quality and nature of any goods or services provided by such advertisers.
As far as is possible, Niggle does not seek to control or influence the content of feedback or responses given on the sites or in text messages, except to provide a User Code of Conduct which will govern the nature of exchanges between users. Nor does the forwarding of any user content by Niggle imply an endorsement by Niggle of any content.
6. Your Right to Privacy
Niggle is committed to protecting your rights to privacy, and these rights are fully described in Niggle's Privacy Policy. In particular Niggle will not pass your personal details on to any other organisation without your express permission to do so. By agreeing to be bound to the terms of this Agreement, you are acknowledging and accepting the latest version of Niggle's Privacy Policy.
7. General Disclaimer & Indemnity
Neither Niggle nor any company or individual associated with it (including but not limited to its directors, shareholders and employees) shall be liable for any loss or damage incurred by any user, whether arising from access to the Niggle website, use of any of the material contained upon the site, temporary or permanent unavailability of the whole or any part of the site, or otherwise. You agree to indemnify, defend and hold harmless Niggle, and its affiliates, directors, shareholders and employees from and against any claim, liability, cost, damage, other expense or loss which may be incurred (including, without limitation, legal fees) as a result of any material submitted to or published by Niggle or any violation by the user of their obligations under this Agreement.
The forwarding or quoting of user content to other users by Niggle does not imply any endorsement of that content by Niggle.
Niggle shall not in any way be held responsible or liable for reliance by members or other users on any information that is obtained through the Niggle services. Niggle does not warrant the completeness or accuracy of its own copyrighted content, user content, third party content or any other information given, or its usefulness for any particular purpose. In addition to Niggle's general indemnity against any claim, liability, cost, damage, other expense or loss, members taking action or making decisions reliant upon any ideas, suggestions or other information contained in user content, or other content on the Niggle website, agree to indemnify Niggle from any negative consequences resulting from reliance on such information including but not limited to reductions or loss of profits.
Niggle shall not be held responsible or liable for any consequences of false registration of businesses or organisations by an individual not representing the business or organisation, or registering without the full consent and knowledge of the owner or manager. Businesses or organisations who believe they are being falsely represented are advised to contact Niggle immediately. Any legal action arising from false representation of a business or organisation must be taken against the individual responsible.
8. Niggle's Ownership & Copyright
With the exception of user content, third party content and linked sites (all as defined above), the copyright in all written material, design, text and graphics made available upon or portrayed upon the site is owned by Niggle Limited, unless otherwise stated, and nothing contained within this Agreement or elsewhere upon this site confers or may be taken to confer any licence upon a visitor in respect of these intellectual property rights.
In the event that a user is proved to have infringed any of these copyright or intellectual property rights, Niggle will seek to recover all loss or damage arising therefrom together with all costs associated with such recovery. Users must refrain from any infringement of advertisers' copyright or of any related intellectual property rights and from any misuse of whatsoever nature of material submitted to the site by advertisers and other contributors. In the event that Niggle suffers any loss or damage consequent upon a failure by a user to observe these provisions, it will seek to recover such loss or damage in full, together with all costs associated with such recovery.
9. Niggle's Rights
Niggle reserves the following rights:
a) To make changes to the Niggle websites and the Niggle services at any time.
b) To delay, moderate, withhold or delete published content, both user content and third party content. In particular Niggle reserves the right to withhold content before it is sent between users if we believe or suspect that it does not comply with the Niggle User Code of Conduct.
c) To suspend or cancel accounts at any time. Niggle reserves the right to suspend or cancel any user account including member accounts if we believe or suspect that the user does not comply, or will not comply in the future, with the Niggle User Code of Conduct or with any of the terms contained in this Agreement.
d) To change the charges associated with using the Niggle services. Niggle reserves the right to charge for use of the site or the Niggle services, and to alter the charges applicable without notice. Pre-paid services such as annual subscriptions or pre-paid credits purchased will be honoured if fully paid up at the time of any change.
10. User Copyright
Niggle's policy is that users should have maximum control over their own copyright on any written feedback they provide to members through the Niggle services, and that members should respect users' copyright.
If a member wishes to use user content for marketing purposes (eg as a published testimonial), the member may only do so with the explicit consent being granted by the user. For the purposes of clarity, in this situation feedback may then be quoted in whole or in part, provided that the meaning is retained. Explicit consent will also be required to use a user's name.
When users provide feedback, suggestions or other user content to members using the Niggle services, Niggle reserves the right to paraphrase such feedback in an unattributed way (ie. not revealing the user's real name or any other personally identifiable details) for the purposes of articles and features on the site and press releases to promote the Niggle services.
However Niggle will in all other aspects act as if it is a member with respect to quoting user content. For clarity, Niggle will not use users' names without explicit email consent from the User, which must be directly asked for on each occasion. Permission for the use of a user's name or other details on one occasion does not imply general permission which may be used on any other occasion.
11. Changes to this Agreement
Niggle reserves the right to alter this Agreement as long as the changes are reasonably held to be in the interests of Niggle for you, for instance where the changes do not involve any form of disadvantage for you the user, such as changes in contact information or the introduction of additional services or similar.
In the event of Niggle wishing to make changes of any significant nature to this Agreement, Niggle will give you at least one month's advance notice of intent, and will inform you of any changes both on the Niggle Blog, and by e-mail to users whose e-mail addresses are held by Niggle. You will assume to have consented to these changes if you do not raise any objection to the changes within one month of receiving such notice.
