- Other terms and conditions
- Website material
- Intellectual property
- Changes to the website
- Formation and validity of agreements
- Personal Data
- Limitation of liability
- Dealings with third parties
- Fees and charges
- Governing law
- Legal service of documents and notices
- Full legal age
- Monitoring of communications
- Whole agreement
Our website is made available to you by us provided that you accept all of these terms and conditions. Your access to and use of this website means that you agree to and accept these terms and conditions. If you do not agree with any of these terms, please do not use our website.
We can amend our website or add new terms and conditions at any time and from time to time without notice to you. The changes will come into effect immediately and automatically. You will need to review these terms and conditions regularly prior to using our website to check for changes.
3. Other terms and conditions
(a) The products and/or services described on our website are subject to additional terms and conditions as detailed in the storage agreement which we enter into with each of our customers (The Virgin Health Bank Standard Terms and Conditions).
(b) The Virgin Health Bank Standard Terms and Conditions will be provided to potential customers and must be read and signed by the customer prior to our agreeing to provide stem cell storage services.
(c) Different Virgin Health Bank Standard Terms and Conditions may apply depending on the country within which some or any part of the services are to be provided.
4. Website material
(a) Subject to the provisions of these terms and conditions, you may download, view and print the website material restrictively for your own personal use and for non-commercial purposes only.
(b) You’ve heard this before – and it still applies! You may not alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, license or create derivative works from the website material.
(c) You may not use our website or the website material for or in order to do any illegal, unlawful or immoral thing or for any illegal, unlawful or immoral purpose, or if these terms and conditions say you shouldn’t.
(d) You may not cache or frame this website or any of the pages on our website in any way whatsoever without the prior written permission from us.
(e) You may only create a hyperlink to the homepage of our website. Any other links may only be used or created with our prior written consent.
(f) If and to the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any website material is expressly allowed, you may do so, provided that all trade marks, trade names and all copyright, ownership, proprietary and confidentiality notices included on the original website material are kept and displayed exactly as is without any change.
(g) You acknowledge that you do not acquire any ownership rights or rights of use in or to any website material by downloading that website material. Any software made available to you for downloading in connection with any of the services provided on our website is done so subject to that software’s applicable terms and conditions which will have been provided to you during the downloading process. You agree to check and comply with all applicable terms and conditions and because there may be risk in using the software you also take that risk.
(h) You acknowledge that you do not acquire any ownership rights or rights of use in or to any website material by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that website material.
(i) Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
(j) Any text, pictures, graphics, audio or video clips, software and any other information submitted, transmitted or posted to our website by you (we call this “visitor content”) will be considered non-confidential and non-proprietary. We and our suppliers shall have no obligations with respect to any visitor content submitted, transmitted or posted to our website and in this regard, you indemnify us against any liability or loss and/or damage resulting from any visitor content. We, our suppliers and designees will be free to copy, disclose, distribute, incorporate and otherwise use the visitor content and all data, images, sounds, text, and other things in it for any and all commercial or non-commercial purposes. We reserve the right to refuse to post or to remove any visitor content in whole or in part, that we think is unacceptable, or doesn’t comply with these terms and conditions. If you submit, post or transmit any visitors content on the website you grant us a non-exclusive, royalty-free, worldwide, perpetual licence, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display any of that visitor content, and you agree you have no rights against us for any kind of violation or misuse of any right in visitor content.
(k) Artists' names are used for the sole purpose of identifying the items & are not to be construed as an endorsement or any other association with the artists or their representatives.
(l) Our website may contain links to other websites belonging or operated by third parties. Such links are provided for your information and convenience only. The provisions of paragraphs 12 and 13 below apply in respect of such links.
5. Intellectual property
(a) The intellectual property is owned by us or used under licence or with permission. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without our prior written permission and nothing contained on our website should be construed as granting any licence or right of use of any intellectual property. In particular you should note that “Virgin” and the Virgin signature logo are the registered trade marks of Virgin Enterprises Limited and are used by us under licence.
(b) This website is Copyright © 2007 Virgin Health Bank. All rights reserved.
(c) Trade marks which are identified as trade marks owned by Virgin Health Bank, belong to us. Trademarks other than those belonging to us which are displayed on our website are the trade marks of their respective owners.
6. Changes to the website
We may change, amend, suspend, withdraw or discontinue any aspect, feature, product, service or information contained on our website at any time without you notice. We may also impose limits on certain features and services or restrict your access to any or all of the website or website material without notice or liability.
7. Formation and validity of agreements
(a) To avoid any confusion, you acknowledge and agree that:
i. the information, goods and/or services advertised on our website are NOT an offer, but merely an invitation to do business;
ii. by selecting goods and/or services and by making the necessary payment and/or giving us delivery information, you are making an offer to us, which may be accepted or rejected at our sole and absolute discretion;
iii. we’ll only have a binding agreement when both you and Virgin Health Bank have executed and delivered the Virgin Health Bank Standard Terms and Conditions referred to above;
iv. in no circumstance do we assume any obligation to provide any goods or services to you other than pursuant to the Virgin Health Bank Standard Terms and Conditions; and
v. we may refuse to enter into Virgin Health Bank Standard Terms and Conditions if you, amongst others, fail to meet the conditions of our credit vetting procedures or otherwise in our sole discretion.
8. Personal Data
(a) Your use of our website and any website materials available on it is entirely at your own risk. Our website, including all website materials, is provided “as is”.
(b) We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through this website or the website materials and if you choose to rely on any such opinion, advice, statement or information that will be at your sole risk. We reserve the right to correct any errors or omissions in any part of our website and the website materials.
(c) Information, ideas and opinions expressed on our website and in the website materials should not be regarded as medical or professional advice or our official opinion and you are strongly advised to seek medical or professional advice before taking any course of action related to them.
(d) To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this website and the website materials. We do not warrant that the functions contained in our website or the website materials will meet your requirements or operate in every combination selected by you for use; will be uninterrupted, timely, secure or error free; that any defects or errors will be corrected; or that our website or the website materials or the server that makes them available is free of viruses or other harmful components. We do not warrant that our website or the website materials will provide specific results from use of this website or the website materials or any content, search or link within them or that the results that may be obtained from the use of our website will be accurate or reliable.
(e) Although we take reasonable precautions in operating our website, neither we nor our agents or representatives take any responsibility nor shall any of us be liable for any damages to or for viruses that may infect your computer equipment or software or other property on account of your access to, use of or browsing of our website or the website materials or your downloading of any materials, data, text images, video or audio from our website or the website materials. If you download or otherwise access any material by using our website or the website materials, you do so at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results.
10. Limitation of liability
(a) You agree that under no circumstances whatsoever, including as a result of our negligent (including grossly negligent) acts or omissions or those of our servants, agents or contractors (or other persons for whom in law we may be liable), shall we or our servants, agents or contractors (or other persons for whom in law we may be liable) be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or however caused (whether under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use our website or the website materials.
(b) You agree that no claims or legal action arising out of, or related to, the use of our website, the website materials or these terms and conditions may be brought by you more than 1 (one) year after the cause of action relating to that claim or legal action arose.
You indemnify us and our officers, directors, employees, servants, agents or contractors (or other persons for whom in law we may be liable) from any loss, damage, damages, liability, claim or demand due to or arising out of your use of our website or the website materials or your breach of these terms and conditions.
Links to and from our website to other websites belonging to or operated by third parties such links are provided solely for your information and convenience and do not constitute an endorsement by us of those linked websites or their contents and they don’t create any association by us with their owners or operators nor an endorsement of us, our website or the storage and/or use of stem cells by any such owners, operators or any other third party. The inclusion of links to other websites from our website does not constitute the assertion of any right or interest by Virgin Health Bank in respect of the content of such other websites which shall at all times remain subject to the terms and conditions of use as may apply in respect of such other websites. The provision of such links is without prejudice to any intellectual property right or other interest of any third party in such other websites or any of the content thereof. We have no control over those linked websites and we are ’t responsible or liable for any content, information, goods or services available on or through those websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any those websites. If you access linked websites, you do so entirely at your own risk.
13. Dealings with third parties
Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to our website is entirely at your own risk and are solely between you and that other person including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with those kind of interactions, correspondence or business dealings. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with those other people and any website owned or operated by any other person. You agree that we shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with those other people. You acknowledge that such third parties are not our agents.
14. Fees and charges
If you buy products and/or use of services offered on our website then you may be subject to fees and charges (as detailed in the Virgin Health Bank Standard Terms and Conditions) and you must pay for the products and/or services in order to use them.
In the event that any claim, matter or dispute arises between you and us arising out of or in connection with your use of any of the services or products that, then you must refer that claim, matter or dispute must be referred to us by contacting us at Contact Us or phoning.
16. Governing law
This website is hosted, controlled and operated from England. We both agree that these terms and conditions shall be governed by and construed and interpreted in accordance with the laws of the England. To the extent that a court has jurisdiction over any matter between the parties arising out of or in connection with these terms and conditions, we both consent to the exclusive jurisdiction of the English courts.
17. Legal service of documents and notices
We choose the addresses at Contact Us for all purposes under these terms and conditions, for court process, notices or other documents or communications of whatsoever nature.
Any provision in these terms and conditions which is or may become illegal, invalid or unenforceable will not apply but the remainder of these terms and conditions will remain valid.
19. Full legal age
In using our website you represent and warrant that you are of full legal age, or are emancipated or have your guardian's consent to enter into a contract being these terms and conditions or any other terms and conditions regarding your use of our website and the website materials available on this website.
20. Monitoring of communications
You expressly give your consent for us to intercept and monitor your Internet and e-mail traffic on our various website servers and domains. You acknowledge that we monitor Internet and e-mail traffic on these various website servers and domains primarily to ensure that surfers and consumers are not acting illegally, unlawfully or in breach of these terms and conditions and:
(a) to maintain the integrity and security of our websites and information technology systems;
(b) to investigate and detect any unauthorised use of our websites and information technology systems; and
(c) as an inherent part of and to secure the effective operation of our websites and information technology systems.
If you breach any of these terms and conditions, we may immediately, automatically and without notice to you, terminate your use of and access to our website, and/or prohibit your future access to use of our website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without liability to you of any kind.
22. Whole agreement
(a) These terms and conditions constitute the whole agreement between you and us relating to your access to and use of our website.
(b) Any concession or extra time which we allow you only applies to the specific circumstances in which we give it. It doesn’t affect our rights under these terms and conditions in any other way.
(c) These terms and conditions may be saved by you by clicking on the save or print buttons on the browser/Word/Acrobat Reader Toolbar (as the case may be).
These words have the following meanings:
(a) “intellectual property” means, collectively, the patents, copyrights (and moral rights), trade 1. marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same);
(b) “know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods, as well as all and any modifications or improvements to any of them;
(c) “our website” means each and every website owned, hosted, operated or administered by, or on behalf of, us.
(d) “terms and conditions” means these terms and conditions of use of our website, as amended from time to time.
(e) “trade marks” means any other trade marks, designs, logos, style names, tag lines and slogans and applications for, any of these;
(f) “we” or “us” or “our” means Virgin Health Bank Limited (registered in England & Wales, no. 05359946), and its affiliates, subsidiaries and successors-in-title.
(g) “website material” means the contents of our website, including without limitation, all and any information, data, documents, intellectual property, material, products or services contained in, accessed through, or downloaded or obtained from our website.
(h) “you” and “your” means you the customer or potential customer and any employee who accesses and uses our website.
(a) The headings used in these terms and conditions are for the purpose of convenience and
(b) reference only and shall not be used in the interpretation of nor modify nor amplify the whole or any part of these terms and conditions.