OrthoConnections is a site operated by Orthoconnections Limited (OrthoConnections, we or us). We are registered in England and Wales under company number 07834374 and our registered office is at Dukesbridge House, 23 Duke Street, Reading RG1 4SA. We respect the intellectual property rights of others at all time and offer a platform which we will use our best endeavours to ensure does not contain any content in violation of any law or infringe any third party rights.
2. Aim of Orthoconnections
OrthoConnections is a web based platform dedicated to the orthopaedics industry and is a closed network specifically for individuals to join who are involved in that industry in any capacity. The purpose is to provide a secure platform for networking and communicating within the orthopaedics industry for any individual who is a professional or who is involved in manufacturing, production, agency or distribution of orthopaedic products. The aim is to stimulate and share ideas, provide advice about exhibitions, promote personal and business opportunities within the orthopaedics industry and additionally to be of economic benefit to those who join this network of trusted relationships.
Set out in this agreement are the terms and conditions of use (Terms) of OrthoConnections platform (the Site) which apply to all users. Any submission of material by you to the Site will be governed by the Terms. We may revise the Terms and request that you check them from time to time and take note of any notice of any changes sent to you, as they are legally binding on you.
4. Acceptance of the Terms
By clicking the acceptance of OrthoConnections Terms of Service you will be confirming that you accept the Terms and by signing up to the Site or by submitting any material to the Site you are personally entering into a legally binding agreement with OrthoConnections on the Terms for the service (the Service). If you do not wish to enter into the Terms then you should not click any application or submit any material to the Site.
To use this Site you must:
• be over the age of 18
• be an individual using your real name
• be engaged or employed in the orthopaedics industry or be a manufacturer, producer, seller, agent or distributor involved with orthopaedic products
• not have been restricted by us from using the Site.
As between you and others once you have joined the Site your account belongs to you and you agree to:
• choose an appropriate and secure password and keep it confidential
• not transfer any part of your account to any other group or site
• follow all national laws in the country in which you are resident
• follow the Terms set out in this agreement and any further terms which may subsequently be notified to you from time to time
• Monitor your account and immediately report any misuse.
7. Notices and Messages
You acknowledge that from time to time we may need to contact you and that we may do so in one or more of the following ways:
• a banner notice on the Site
• an email sent to an address you provided
• through other means including mobile number, telephone, or mail.
You agree to keep your contact information up to date.
8. Messages and Sharing
Our Site allows its eligible members the messaging and sharing of information in many ways, such as by the individual’s profile, links to articles, job postings, notice boards and advertising. Information and content that you share or post may be seen by other members of the Site. We will always honour any settings choices you make if you wish to limit or restrict the part of your profile that is shared. We are not obligated to publish any information or content on our Site and at our sole discretion can remove it with or without notice.
9. Rights Granted to Us
As between you and us, it is you who owns the content and information that you submit or post to the Site. By doing so you are only granting us a non-exclusive licence and right to use, copy, modify, distribute, publish and process information and content that you provide through our Site without any further consent, notice and/or payment of any nature to you or others. If you are not in a position to grant such a licence to us please do not submit the information to the Site.
These rights are limited in the following ways:
• You can end this license for specific content by deleting such content from the Site or generally by closing your account. There may be exceptions to this if you shared content with others as part of the Service and they copied or stored it or if there is a reasonable delay in removing the content from the Site or any backup to it.
• We may edit and make formatting changes to the content but we will not modify the meaning of your expression.
• You own your content and information but we will have non-exclusive rights to it and you may choose to make it available to others.
You agree to only provide content or information if that is not in breach of any laws or any other person’s intellectual property rights or breach any legal requirement or contract or moral right.
You agree that your profile information is honest and truthful. If we doubt the truthfulness or appropriateness of any proposed post we reserve the right to remove it at our absolute discretion.
10. Service Availability
We may change, suspend or end any Service or change access to and availability of the Site and modify the Terms at our absolute discretion. Any change in Terms will be notified to you.
11. Moderation of the Site
The Site is fully moderated. Every contribution submitted to the Site (Contribution) will be checked by us for compliance with the appropriate content standards as soon as reasonably practicable before it is published. We will try to publish as many Contributions as we can but we cannot guarantee that all Contributions will be published on the Site. We also cannot guarantee how quickly Contributions will be posted on the Site as this will depend on other editorial commitments.
Although the Site is fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the Site or the Services on our Site and we may stop moderating the Site at any time at our absolute discretion. We reserve the right to remove, or to disable access to, any Contribution which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights or which does not in our absolute discretion encompass the intention or spirit of the Site. We expressly exclude our liability for any loss or damage arising from the use of the Site by any person in contravention of the Terms.
Only Members of the Site may submit Contributions to it. There is no limit to the number of words to a Contribution but we reserve the right to request that Contributions are condensed or reduced. If you wish your Contribution to be anonymous then you must make this clear when submitting your Contribution as usually your details will appear as part of your Contribution when it is published to the Site.
12. Content Standards
These Content Standards apply to all parts of a Contribution to the Site. The Content Standards must be complied with in spirit as well as to the letter. We will determine, in our absolute discretion, whether a Contribution breaches our Content Standards. Any Contribution to the Site must:
• Use your real name and personal details and keep them updated at all times.
• Be accurate in the statement of all facts.
• Use only beliefs that are genuinely held.
• Comply with the law applicable in England and Wales and in any country from which it is posted.
• Be relevant to the orthopaedics industry and be professional in its use in the spirit and intention of the Site
• Only contain a photograph which is a head shot and which is a true and accurate likeness.
A Contribution must not:
• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual unless with their express consent.
• Infringe any copyright, database right or trade mark of any other person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Be in contempt of court.
• Post any unsolicited or unauthorised advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation unauthorised by us;
• Send messages to distribution lists, newsgroup aliases, or group aliases;
• Post anything that contains software viruses, worms, or any other harmful code;
• Post anything that will be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from a company or employer if this is not the case.
• Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
• Infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Board, you are warranting that you have the right to grant us the non-exclusive copyright licence described in clause 9 of this agreement.
13. Breach of these Terms
• Immediate, temporary or permanent withdrawal of your right to use the Site.
• Immediate, temporary or permanent removal of any Contribution already posted on the Site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
14. Disclaimer and Limit of Liability
To the fullest extent permitted by law we disclaim all liability in respect of the Site, the Services, Members and their Contributions in particular but not limited to:
• Any warranty whether express or implied and whether relating to fitness for purpose, accuracy of data, infringement of third party rights.
• The functioning of the Site without interruption or error.
• The Services provided and in particular the content and information of any data including any Contribution.
OrthoConnections shall not be liable to you for any indirect, incidental or consequential losses in respect of any content of the Site, the Service, the actions of itself or any Member, the Contributions or any loss of Services, down time, loss of data, loss of opportunities, reputation, defamation or discriminatory conduct, loss of business, profit or revenue relating to any matter or inaccurate or unauthorised changes to your information or content.
For the avoidance of doubt nothing in this disclaimer is intended to limit our liability in respect of death or personal injury of a Member arising from any act or omission on our part.
You agree to indemnity OrthoConnections and hold them harmless in respect of any third party action against us arising from your actions including but not limited to posting of any incorrect, inaccurate or inappropriate data or in respect of any infringement of any nature of any copyright, trademark, patent, design right or any other third party right of any nature.
You may terminate this agreement at anytime with notice to us. On termination you will lose the right to access the Site or use the Services. The following shall survive termination:
• Our rights to use and disclose your feedback;
• Members rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
• Any of the Terms capable of surviving the termination of this agreement.
17. Governing Law
You agree that the laws of England and Wales apply to this agreement and both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
If a court with jurisdiction believes that any clause or sub-clause of this agreement is not enforceable then you agree that the court may modify the terms to make the agreement enforceable and to achieve its intention. In the event that the court believes any part to be unenforceable and incapable of modification then you agree that the unenforceable clause or sub-clause shall be severed from the agreement and that the remainder of the agreement shall remain in full force and effect.
If we do not act swiftly or fail to enforce a breach of these Terms that does not mean that we waive our rights to enforce these Terms.
You may not assign or transfer your rights under the Terms nor your rights as a Member or the use of the Services without our prior consent.
There are no third party rights conferred under the Terms of this agreement.
Legal notices must be in writing and sent to our registered office or to you at your address detailed in your profile.
19. Complaints Procedure
If you wish to complain about any Contribution posted to the Site please contact us at our address detailed above or the email address shown on the Site. We will then review the Contribution and decide whether it complies with our Content Standards as detailed above. We will deal with any Contribution which in our opinion violates our Content Standards as described above in the section relating to Breach of these Terms. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.