Terms and Conditions This page explains the Terms and Conditions for use of the Stoptober/Smokefree website, how Public Health England uses any of the information you give to us and the way we protect your privacy. Protecting the privacy and personal data of the visitors to our site is of the utmost importance to us. Smokefree/Stoptober is a public health campaign initiated and supported by Public Health England, an executive agency of the Department of Health ( Public Health England ).This Stoptober Website ( the website ) Agreement (the "Agreement") applies to your use of all the website pages owned and operated by Smokefree, including but not exclusive to www.smokefree.nhs.uk/ and www.smokefree.nhs.uk/stoptober Terms and Conditions of Agreement for the Website Your use of the Website is subject to these terms and conditions (the Terms). By using the Website as a casual visitor, or by completing the registration form, you signify that you accept the terms and conditions of this Agreement and therefore it is important that you read them carefully. Any reference in the Term to you or your means you as a user of the Website. Any reference in the Terms to us, we and our refers to Public Health England, an executive agency of the Department of Health ( Public Health England ). You may wish to print and/or save a downloaded copy of the Agreement on your computer for your reference. The terms of this Agreement may be updated or additional terms may apply from time to time. We will post the updated terms on the Website and they will take effect on the date that is stated in the posting. Where we do not communicate an alternative date, the changes will take place immediately. If you disagree with any of the changes that are made to the Terms, you may simply terminate your use of the Website.
1. Collection and use of personal information 1. Personal Information is information that identifies you that you provide on registering for Stoptober. The Stoptober Website may collect this through your use of the registration form ("Personal Information"). Your Personal Information will be collected, processed, stored and used by us, and passed to and processed by us and other data processors acting under our (or our partners ) instruction, in order to help us provide services, to provide customer support and for other purposes described in our privacy policy. 2. We shall collect and use any personal information you give to us in accordance with the site s privacy policy, terms and conditions and the statements below. We shall not disclose your personal information to any third parties (other than those outlined in the Privacy Policy) without obtaining your prior consent unless we are required by law to do so. In particular: 1. When completing the registration form, you will have an option to submit personal information, including postcode, age, date of birth, phone number, email address and mobile phone number. By submitting this information, you consent to Public Health England using it for the purpose of offering you a personalised response via a Smokefree or any other relevant campaign from Public Health England or additional information you request (as you choose) by text/sms, mobile, email or by post. 2. We may use the information you submit for research purposes or producing statistics. With your permission, academic institutions may occasionally use our data in relevant studies. The information that is used will be made anonymous and will be confidential. In these instances, we shall inform you in advance and you will have the choice to opt out of the study. 3. From time to time the Public Health England may contact you with extra support to help you and find out how useful our support has been. 3. Public Health England and any third parties acting under our instruction may use your Personal Information (including demographic data) to personalise the content, advertising and promotions you receive and our communications with you. 4. We use cookies - A cookie is a tiny data file, sent to your computer or mobile phone from a website. This means the website can recognise your device (your computer or mobile phone) if you return to the same website. Cookies enable us to provide a better website experience for you. For more information, please see the Cookies section in our Privacy Policy. For more general information on how
to control your cookie settings and browser settings, or how to delete cookies on your hard drive, please visit www.aboutcookies.org 2. Registration 1. Use of the Website does not require registration and can be accessed as a "casual visitor". However, some personal details may be required to enable you to access certain services. 3. Your responsibilities 1. You are responsible for all access to the website using your internet connection, even if the access is by another person. 2. You are responsible for compliance with this Agreement in your use of the Website. You may use the Website for lawful purposes only. You may not submit, download or transmit any material (including User Generated Content), or otherwise engage in any conduct that actively causes or is intended to: 1. breach any third party's rights including, without limitation, copyright, patent rights, trade mark rights, performer's rights, rights of confidence; 2. be unlawful, offensive, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts; 3. victimise, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 4. impersonate any person, business or entity, or Public Health England (and it s Agencies) and its employees and agents; 5. contain viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or computer network; 6. encourage conduct that would constitute a criminal offence, or that gives rise to civil liability; 7. promote or sell prohibited items such as lotteries, betting or wagering activities, ammunition, firearms, tobacco, alcohol, adult products and services, and explosives; 8. violate this Agreement, acceptable usage guidelines or any policy posted on the Website; or 9. unjustifiably interfere with others' use of the Website.
3. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorised access to the Website, user accounts, computer systems or networks, through hacking, password mining or any other means. We may use any technical and other legal remedies available to us to prevent any breach of, or to enforce, this Agreement. 4. Changes to the Website 1. We may change or discontinue the Website or any of its features at any time without notice. We may impose general operating rules for the Website. For example, we may establish limits on storing, uploading or downloading any data or impose "time outs" if you idle on the Website. 5. No spam 1. You may not use the Website or any communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any technical and other legal remedies available to us to prevent unsolicited bulk communications from entering, utilising, or remaining within networks. 6. Content 1. The copyright in all content on the Website is the property of Public Health England, and/or its licensors. You may only use our Website Content for personal, non-commercial purposes and in accordance with these terms and conditions and any others which you may be notified of in relation to specific Website Content. You may not circumvent any mechanisms for preventing the unauthorised reproduction or distribution of Website Content. 2. Where we offer products and services, these are subject to availability. 3. Packs/Kits are restricted to two per household. 7. Our liability to you 1. The Website is provided without warranties of any kind and your use of our Website is at your sole risk. Public Health England will, however, use reasonable skill and care to provide and maintain the availability of the Website. Public
Health England expressly excludes any warranty, representation or undertaking that you will be able to access or use the Website at times or locations of your choosing. Public Health England depends upon third parties over which it may have little or no control for the delivery of the Website (for example, to deliver emails sent to and from internet addresses). Public Health England is not liable for deletion, corruption or failure to store any email messages or other content. Public Health England does not warrant that the Website will be free from any virus, worm, trojan or other malware or device intended to access and modify, delete or damage data files or computer programs. The Website is a consumer service and not designed to be used by you in connection with the conduct of your, or your employers' or contractors', commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk. In particular, Public Health England does not warrant to represent to you that; 1. Your use of the Website or web content will meet your requirements. 2. Your use of the Website will be uninterrupted, timely, secure or free from error. 3. Any information obtained by you as a result of your use of the Website will be accurate or reliable. 4. That defects in the operation or functionality of any software provided to you will be corrected. 5. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website except to the extent that they are expressly set out in the Terms. 2. Public Health England shall not be liable for any loss which was not reasonably foreseeable when this Agreement is entered into, nor for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused, arising from your use of the Website or for any other claim related in any way to your relationship with Smokefree/Stoptober. Public Health England does not endorse, warrant or guarantee any product or service offered by a third party, and will not be a party to, or responsible for, monitoring any transaction between you and such a third party. We shall not be liable for any failure or delay in performance of our obligations under this Agreement caused by matters beyond our reasonable control. 3. Except expressly stated to the contrary in these Terms, Public Health England shall not be liable to you for: 1. Any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly; any loss of goodwill or
business reputation; any loss of opportunity; or any loss of data suffered by you). 2. Any loss of damage which may be incurred by you as a result of: - any reliance placed by you on the completeness, accuracy or existence of content on the Website. - Any changes which Public Health England may make to the content of the Website, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website). - The deletion of, corruption of, or failure to store any content on the Website and other communications data maintained or transmitted by or through your use of the Website. - Your failure to provide Public Health England with accurate account information. - Your failure to keep your password or account details secure and confidential. 4. Notwithstanding anything stated in these Terms, nothing in the Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations herein are intended to limit any rights you many have as a consumer under local law or other statutory rights which may not be excluded, nor in any way exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents. 8. Indemnification 1. You agree to defend, hold harmless and indemnify Public Health England against all liabilities, claims and expenses, including reasonable legal fees that arise from any infringement of third party intellectual property or other rights resulting from any breach of this Agreement for which you are responsible. Public Health England reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for Public Health England in that matter. 9. Termination 1. Save as otherwise expressly provided in any additional terms governing the use of specific services provided on our Website, we do not charge you for use of the Website, and as a consequence, we may cancel or suspend use of the Website at any time, without cause and without notice.
2. If following an opt-in you wish to terminate your relationship with the Website and associated services, you may email the Smokefree team at smokefree@phe.gov.uk 10. Changes to this Agreement 1. We may change this Agreement from time to time. We will post the updated Agreement on the Website, and it will take effect immediately or on a date which is nominated in the posting or a in a notice we send to you. Your ongoing use of the Website after the changes take effect signifies your agreement to the updated Agreement. You are responsible for regularly reviewing this Agreement and any other terms posted on the Website. If you disagree with the changes that are made to this Agreement, you may simply terminate use of the Website, as described above. 11. Disputes, comments and complaints 1. If you have a comment or complaint about Smokefree, Stoptober or the Website, please contact us at smokefree@phe.gov.uk 12. Notices 1. You agree that we may send to you in electronic form any notices, disclosures, reports, documents or other communications relating to the Website (collectively, "Notices"). We can send you Notices 1. to the email address that you provided to us during registration for this purpose, or 2. by posting the Notice on the Website. 2. Any Notice from us shall be deemed effective the day it is sent or posted by us. 13. Entire agreement 1. This Agreement, together with other documents and agreements referred to or entered into under it, constitutes the entire agreement between you and us relating to the Website. 14. Jurisdiction and choice of law 1. This Agreement is governed by the laws of England and Wales. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales in
relation to any dispute arising out of this Agreement. Notwithstanding this, you agree that Public Health England shall still be allowed to apply injunctive remedies (or equivalent types of urgent legal remedy) in any jurisdiction. 2. If any court of law, having jurisdiction to decide on any matter, rules that the provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the terms. The remaining provisions of the Terms will continue to be valid and enforceable. 15. Assignment 1. We may assign this Agreement to any third party, which is to provide the Website (or any part of it) at any time without Notice to you. You may not assign this Agreement to anyone else. 16. Third parties 1. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 17. Severance 1. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement. 18. No waiver 1. If you or we fail to exercise any right or remedy under this Agreement, that failure will not operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.