NEXUS DIGITAL TECHNOLOGY LIMITED (Nexus): ACCOUNT TERMS AND USER LICENCE
In particular: Please review the sections on Our Liability and We are not responsible for Affiliate products and services.
Who we are and how to contact us
We are Nexus Digital Technology Limited (Nexus).
To contact us, including to raise any issues or complaints in relation to your Account, or our websites and services, please email firstname.lastname@example.org. You may also use the Contact Us tab on our websites or apps.
If you wish to make a complaint, please contact us using the details above, providing your name and preferred contact method, as well as the reason for your complaint and any information which you consider is relevant.
We will endeavour to acknowledge all complaints within 5 days and then provide a further full response, if necessary, as soon as reasonably possible.
How we will contact you
We may contact you via our sites, or using the email or other contact details you provide when registering for an Account.
We request that you keep all contact details within the Account up to date. We will also correct any errors or out of date information on your behalf.
“us”, “we” and “our” shall also mean Nexus as set out above;
“you” and “your” means any person who registers for an Account with us.
“Account” means an account with Nexus by which you may access our sites and services.
“Affiliate” shall mean any third party who has been approved by and contracted with us, and whose products and services are advertised and promoted on our sites;
“site” shall mean all and / or any of our webpages, web-apps and/or mobile applications through which the Account may be made available to you, including specifically www.nexus-dt.com; and
“service” shall mean the relevant service provided by any of our sites.
Access and Changes to these Terms
These Terms are made available to you on all of our sites. We may revise these Terms at any time by amending the relevant page on each site. We will let you know about the changes and our reasons for them the next time you use our sites, or if they only relate to a specific service, we may let you know prior to you using that service. Any changes will be deemed accepted and binding if you choose to continue using our sites and services.
These terms were most recently updated on 5 February 2021.
You will be required to set an identification code or password, and may be requested to provide another piece of information as part of our security procedures. We would recommend that you choose security information known only to you and a password of a minimum 8 characters including both upper case, numbers and special characters. You must treat such information as confidential and personal to you. You must not disclose it to any third party nor use any third party’s identification and security information to access our site.
We have the right to disable any user identification code or password at any time, or otherwise suspend your Account, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the Contacting Us details above.
The Account is only available on an individual basis, therefore you are not permitted to share your password or secure log in with anyone else. You are responsible for the access and use of your Account and our services, including keeping secure log in confidential. [The Account is available to you if you are resident in the United Kingdom and 18 years of age or older].
Closing or suspending your Account
You can close your Account at any time and this will also end your agreement with us under these Terms. To do this, please go to ‘Closing my Account’ section on our Site and confirm the action.
We may close or suspend your Account if we believe there has been a security breach or that your security information has been compromised, that you have breached these Terms, that you have used our site unlawfully or otherwise not in accordance with the requirements detailed in our Website Terms. We will let you know as soon as reasonably possible about any Account closure or suspension, and our reasons for doing so.
Purpose: Nexus is here to help you take control of your well-being and health, and access relevant information, activities and services. We do this through providing you with easy to use and accessible health questionnaires and information, creating a central Nexus Record for you to collate your information, and providing you with access to relevant Affiliate Products.
Health and well-being articles and information: We will provide you with relevant research, articles, publications and other third party content, which is relevant and related to your Nexus Record or our Services, depending on your Account preferences and settings.
Nexus Record: your personalised record within your Account in which the results of your Health and Well-Being Questionnaire are stored, and activities, services, and Affiliate Products you purchase (if you have given permission). You may control update, amend and delete your Nexus Record in Account settings. The personal data in for Nexus Record will only be used in accordance with these Terms or as otherwise agreed with you at the time. It is a priority for us that you are in control of your health information.
Access to tailored and discounted healthcare and social prescribing services: Within our services we have partnered with selected Affiliates who offer relevant products and services for social prescribing and general health purposes. See Affiliates below.
Ending or changing Services
We may remove or make changes to the services that are made available to you, from time to time. This includes ceasing the availability of any or all of our sites or services to you and closing our Accounts, at our choice. We will do everything reasonably possible to inform you in advance of closing Accounts, services and sites.
Updates and improvements: We may add functionality, make improvements enhancements to our sites and services. Please note that some updates to the sites and service may be necessary and failure to install them may result in the Account or services no longer being available to you.
As part of our services, we have partnered with selected companies and organisations (our Affiliates) who provide products and services that positively impact your health and wellbeing. These Affiliates may advertise on our Sites and such adverts may be tailored to you if you have given your permission in accordance with our Cookies Policy within the Cookies Settings.
We may also provide relevant links and content on our Affiliates in relation to specific services and other content on our Sites.
In some instances, the Affiliate or network they are involved with, may request your acceptance of cookies in order to manage the referral from us to the Affiliate. This will be subject to your consent which will be requested at the time.
We are not responsible for our Affiliates products and services
Please note that the Affiliates are separate companies and organisations to Nexus. Therefore, we are not responsible for their products and services. You will be required to purchase the products and services on the Affiliates relevant terms of business and share any personal data requested in accordance with the Affiliate’s privacy information.
Whilst we commit to using our reasonable care when selecting Affiliate, we exclude liability, in so far as permitted in law, in relation to the performance and failures of the Affiliates when providing you with products and services.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our agreement under these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Account was opened or site or service used, both we and you knew it might happen, for example, if you discussed it with us.
We take reasonable care in operation of the sites and performance of our services. We are responsible for the information we provide to you on our sites and the content we generate, we will also reflect accurately any information and content given to us by Affiliates or other third parties.
However, where we include information and content from our Affiliates or other third parties, including where we have included information from relevant articles, research and publications, we are not responsible for external content and we accept no liability for the information (whether accurate or not) that they may contain. However, we will clearly list and link to the references we have used where applicable.
We are not liable for business losses. Our sites and services are for domestic and private use. If you use them for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Accessing our services
We do not guarantee that your Account or our services will always be available or be uninterrupted, nor that our sites, or any content on them, will be free from errors or omissions. Please refer to our Website Terms for information on how we provide our sites and your obligations when using them.
Intellectual property rights
All intellectual property rights in the sites and the services throughout the world belong to us (or our licensors) and the rights in these are licensed (not sold) to you. You have no intellectual property rights in, or to, our sites or services other than the right to use them in accordance with these Terms and Website Terms.
Your use of our site
You may use our site only for lawful purposes. You may not use our site:
· in any way that breaches any applicable local, national or international law, regulation or code of practice;
· in any which breaches our Website Terms.
· in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
· in any way which infringes our or our licensors’ intellectual property rights;
· in any way that infringes the rights of any third party (including intellectual property rights and rights to privacy); and/or
· to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may not transfer your Account
You may not transfer your rights or your obligations under these Terms to another person because the Account is personal to you.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing the contract under these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.