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 Pinewood, Chineham Business Park, Crockford Lane, Basingstoke, RG24 8AL.
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 secure, web-based platform dedicated to the orthopaedics industry. Orthoconnections aims to provide a business networking and advertising tool for orthopaedic companies, with a specific focus on aiding distributors and manufacturers in identifying routes to market.
In these Terms, the following expressions shall have the following meanings:-
Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
Contribution means any item of Content submitted to the Site by a user;
Terms means these terms and conditions of use of the Site as updated from time to time;
Site Orthoconnections’ website platform;
You or your means the person accessing or using the Site or its Content.
These Terms are the terms and conditions of use of the Site which apply to all users, and which may be amended by us from time to time. Any submission of material by you to the Site will be governed by the Terms.
5. 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.
We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be legally bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
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:
• use the work email address which is personal to you (in the case of individuals)
• 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.
8. Notices and Messages
By joining Orthoconnections and providing your email address 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 notification to your dashboard 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.
9. 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.
Content that you share or post may be seen by other members of the Site. We will honour any settings choices you make if you wish to limit or restrict the part of your profile that is shared, subject to your service choice. We are not obligated to publish any Content on our Site and at our sole discretion can remove it with or without notice.
10. Ownership, Use, and Intellectual Property Rights
Save as expressly provided in clause 11 below, this Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access and use the Site as permitted by these Terms. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
Your use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
11. Rights Granted to Us
As between you and us, it is you who owns the Content 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 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 Content 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 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.
12. Accuracy of information and Service Availability
While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
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.
13. Moderation of the Site
The Site is fully moderated.
Every Contribution by you will be checked by us for compliance with the appropriate Content standards as soon as reasonably practicable before it is published.
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. We reserve the right to request that Contributions are condensed or reduced. Contributions can be made on an anonymous basis by being included as part of our £1,000 Search & Select service. Standard Contributions (online adverts) cannot be made on an anonymous basis.
14. 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
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 Site, you are warranting that you have the right to grant us the non-exclusive copyright licence described in clause 11 of these Terms.
15. 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.
16. 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 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 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.
19. 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.
21. 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.
Orthoconnections may from time to time run promotions offering free adverts to manufacturer members subject to certain criteria. You will be notified of these promotions. The promotional credit will be delivered as an advert in your dashboard and will expire within 1 month, unless otherwise determined by Orthoconnections.
22.1. Orthoconnections free advert promotion (November 23rd - November 30th 2017)
- Competition entrants must register on Orthoconnections.com between Thursday 23rd and Thursday 30th of November to be entered into the competition. New registrations created after this date will not be accepted into the prize draw.
- Entry is open to non-members only.
- 10 advert winners will be chosen at random and notified via email.
- Confirmation of the prize will be made in writing to the winner(s) within 7 days of the competition closing date.
- Winners must create a company profile following registration to receive free advert.
- The free advert will appear as a credit on the members dashboard and must be used within 1 month
- Free adverts are subject to Orthoconnections’ promotion terms and conditions.
- Unless stated otherwise the winner(s) will be drawn at random from all entries received by the closing date stated.
- Reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, Orthoconnections reserves the right to offer the prize to the next eligible entrant drawn at random, or in the event that the promotion is being judged Orthoconnections reserves the right to offer the prize to the runner(s)-up selected by the same judges.
- Company profiles that are not approved by Orthoconnections due to being incomplete, irrelevant, illegible will not be valid and deemed void.
- Advert winner(s) agree(s) to the use of their company name, and disclosure of county of residence and will co-operate with any other reasonable requests by Orthoconnections relating to any post-winning publicity.