Terms & Conditions
Last modified: 11 July 2019
1. Hello
Thank you for visiting www.cancerbuddy.com operated by Truth & Justice Limited ("The Site"). To look after your privacy and to keep the content useful, visitors and registered users must follow the rules in this Terms of Use Agreement ("Terms of Use") and our Privacy Notice. By using The Site, either as a visitor or a registered user, you are deemed to have accepted these Terms of Use and our Privacy Notice.
Truth & Justice Limited is a private company that has set up cancerbuddy.com in order to offer support, information and understanding for individuals affected by cancer in any way. Our aim is to enable people affected by cancer (either having been diagnosed themselves or having a friend or family member who has been diagnosed) to connect with others, to share personal experiences and information online and by messaging through The Site. We hope information and interaction through our network may reduce feelings of anxiety, alienation and isolation often caused by a cancer diagnosis and that mentoring and chatting to each other through messaging or otherwise will help to improve day-to-day health and well-being.
For safety reasons we do not encourage users to meet other users in person unless all sensible precautions are taken to maintain your safety, such as but not limited to: meeting in public spaces, taking a friend, meeting in groups. Although it is a great shame to have to issue such warnings there are some cruel and predatory people around and we do not want any of those people to come into contact with you as a result of The Site. For the same reasons please do not divulge to other users information about yourself, which might enable such people to identify you or the address of your home or workplace.
Cancerbuddy is owned and operated by Truth & Justice Limited registered in England and Wales under company number 08433807. Its registered office address is: First Floor, 104-108 Oxford Street, London, United Kingdom, W1D 1LP.
2. Use of cancerbuddy.com
Your access to and use of The Site and of any information contained within it is subject to the Terms of Use. By accessing and using The Site, you accept, without limitation or qualification, the Terms of Use. We reserve the right to change the Terms of Use from time to time without notice, as we deem necessary. Please review the Terms of Use from time to time to check you understand the latest version. Your use of The Site is deemed to be your acceptance of the Terms of Use and any changes to them and if you are not happy with the Terms of Use you should stop using The Site. Children under the age of 16 are prohibited from creating an account without the permission and close supervision of a parent or guardian over the age of 18. In registering as a member you are acknowledging that you are (i) aged 16 or above or (ii) aged less than 16 and being closely supervised by a parent or guardian over the age of 18.
3. Privacy Notice
If you use The Site it is likely that you will share information about your experiences. We recommend using anonymous usernames although it’s important to understand that any information or experiences you share can carry the risk of revealing your identity to others. It is important that you understand how our data sharing relationships work and what information is shared with our different partners and users. We have set out further information in our Privacy Notice which we encourage you to read. To view our Privacy Notice click here. You can choose at any time whether your anonymised information is shared or not shared with our partners in the "settings" area of your account.
4. Non-commercial use by users
The site is for the use of individuals for non-commercial purposes only. To use information gathered from cancerbuddy.com commercially or to reach cancerbuddy.com users for commercial reasons unless expressly authorized by cancerbuddy.com is against the Terms of Use.
5. Acceptable use
You may only use The Site in accordance with these Terms of Use and, in any event, for lawful purposes in compliance with all applicable laws, regulations and codes of practice in the UK or in any other jurisdiction from where you access The Site. In particular, you agree not to access without authority, interfere with, damage or disrupt:
- any part of The Site;
- any equipment or network on which The Site is stored;
- any software used in the provision of The Site; or
- any equipment or network or software owned or used by any third party.
Please be considerate of others on The Site. Your contributions must:
- be accurate if you are stating facts;
- be genuinely held where you are voicing your opinions; and
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material that is obscene, offensive, hateful, inflammatory or defamatory of any person;
- promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right, trade mark or any other right of any other person;
- be threatening, abusive or invade another person’s privacy, or cause inconvenience or anxiety;
- be likely to harass, upset, embarrass alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act.
Any content that is flagged or reported as abusing these rules is sent to the administrators of The Site. The administrators can ban, restrict, warn the user and/or edit or remove the content in question. They can also decide that the user or content in question is not objectionable and no action is required. We at cancerbuddy.com do not actively moderate The Site and leave it to the discretion of the administrators. If the administrators bring issues to our attention by we will determine whether there has been a breach of the Terms of Use and what the appropriate course of action is. When a breach of these Terms of Use has occurred or inappropriate material has been posted, we may take such action as we deem appropriate, including, for example, withdrawing the right to use The Site, removing any posting or material uploaded to The Site, taking legal action; or disclosing such information to law enforcement authorities as we feel is necessary.
6. Registration, password and account
You will not be able to use The Site properly unless you register with us. By registering and becoming an account holder, you agree that we may provide you with information about The Site (whether by email or any other means) that we consider appropriate in accordance with our Privacy Notice. You may opt-out of receiving these materials and notifications in the "settings" area of your account or by writing to or emailing us to inform us that you wish to be removed from our contact list.
In order to register with us and become an account holder, you will be invited to provide a password, a user name and an email. You are entirely responsible for maintaining the confidentiality of your password and account. You will never be required to reveal your full password to any representative or agent of cancerbuddy.com. If you forget your password, we may ask you to answer a specific question such as your username, date of birth or postcode. Furthermore, you are entirely responsible for any and all activities that occur under your account.
You agree to notify info@cancerbuddy.com immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for loss or damage incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time. If you think that someone else has access to your password you should change it immediately.
7. Indemnity
You agree to indemnify, keep indemnified and hold harmless cancerbuddy.com, its parent company Truth & Justice Limited, its officers, directors, employees, agents, suppliers and third party partners from and against all liabilities, losses, expenses, damages and costs, including all legal fees, claims, demands and proceedings whatsoever, howsoever arising, resulting from or in connection with any violation by you of these Terms of Use.
8. Medical advice
The Site’s content, or any content on other sites linked to from The Site, or content contained in messages or conversations between you and another User is never a substitute for professional medical advice. Even if another user appears to be a medical professional they are not in a position to undertake a physical examination or understand your full medical history. You should always speak to a doctor or other health practitioner about your condition and/or treatment or changes to your condition and/or treatment. In an emergency dial your local or national emergency telephone number. Never delay seeking proper medical advice or dialling emergency services because of something that you have read or heard on or through The Site.
9. Third parties and third party websites and links
We may provide links or references on The Site to websites of other companies, charities or organisations and individuals whether affiliated with us or not. By clicking on these links and accessing these other websites, you will be leaving The Site. Some of these links are added by users and we are not in a position to verify links posted on The Site. Where The Site contains links to other sites and resources these links are provided for your information only. Such links should not be interpreted as approval by cancerbuddy.com or its owners of those linked websites or information you may obtain from them.
Similarly, The Site may be accessed through third party links over which we have no control. We make no warranties or representations of any kind as to the accuracy of any information contained in such websites and we shall not be liable for any damages or injuries of any kind arising from such content or information. Inclusion by any third party of a link to cancerbuddy.com does not imply an endorsement or recommendation by cancerbuddy.com or its owners.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to The Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of The Site other than the home page. The website in which you are linking must comply in all respects with the standards, outlined in these Terms of Use.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on The Site other than that set out above, please contact us.
10. Property rights
The entire contents of The Site are protected by copyright, database rights and other intellectual property rights which are owned by us or our affiliates. The contents of The Site may not be copied, displayed, downloaded, distributed or reproduced other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any licence or right under any patent or trademark of cancerbuddy.com, Truth & Justice Limited, or any third party.
11. Written communication and notices
When using The Site, you accept that communication with us will be mainly in electronic format. We will contact you by email or provide you with information by posting notices on The Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us, including any complaints that you might have about The Site, must be given to Truth & Justice Limited at, First Floor, 104-108 Oxford Street, London, United Kingdom, W1D 1LP, or by email to info@cancerbuddy.com. We may give notice to you at either the email, telephone number or postal address you provide to us when you become an account holder, or in any of the ways specified in the above paragraph.
12. Content and Limitation of Liability
cancerbuddy.com is a technology platform. All views, opinions, and knowledge expressed on the site by administrators, users or visitors are the sole opinions of the administrators, users or visitors themselves and are likely to relate to their own specific circumstances which may be different to yours. The owners of cancerbuddy.com and the affiliates we work with make no warranties or representations of any kind as to the accuracy, currency, completeness, reliability, operability, or legality of information or opinions contained or expressed within The Site. Commentary and other materials posted on The Site are not intended to amount to advice on which reliance should be placed. We and the affiliates therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to The Site, by any users, or by anyone who may be informed of any of its contents. The Site may include information and materials uploaded by other users of The Site. This information and these materials have not been verified or approved by us. The views expressed by other users on The Site do not represent our views or values.
Further, The Site is provided to you free of charge on an "as is" and "as available" basis. You agree that access to and use of The Site and the content available on The Site is at your own risk. To the fullest extent permitted by law, The Site and any individual person connected to The Site and any party involved in creating, producing or delivering The Site hereby exclude:
- All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
- Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of The Site or websites linked to The Site, including, without limitation any liability for loss of income or revenue, loss of business, loss of profit, loss of data and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.
We may suspend or withdraw or restrict the availability of The Site for business and operational reasons. You are responsible for ensuring that all persons who access The Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
14. Waiver
If we fail, at any time during the term of your use of The Site, to insist upon strict performance of any of your obligations under these terms of use, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms of use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.
15. Sale or Merger
If cancerbuddy.com or Truth & Justice Limited is sold to or merges with another company not owned by Truth & Justice Limited, you should expect that some or all of the personal information collected from The Site may be transferred to the acquiring company. If so, Truth & Justice Limited. will seek to oblige the acquiring company to use any personal information transferred by The Site in a manner consistent with the Privacy Notice, but you accept that the acquiring company will be responsible for use after the acquisition and that Truth & Justice Limited. cannot control this. If you do not wish the personal information you provide to be subject to this possibility, you should delete your account in your account settings in The Site.
16. Severability
If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to access to and your use of The Site and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18. Law and jurisdiction
These terms and conditions and the agreement between you and us will be governed by English law. Any dispute arising from, or related to, these terms and conditions or our agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Copyright © 2019 Truth & Justice Limited