Terms of Service

 

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Please read these terms of use carefully before using the MMC website

YOU MAY REQUIRE ADVICE FROM YOUR DOCTOR PRIOR TO UNDERTAKING STRENUOUS EXERCISE
  1. Introduction
    1. Website and Services
      1. These Terms apply to your use of this website (whether as a registered user or a visitor) of the Million Metre Challenge CIC (“MMC”).
      2. If you register with the MMC website, or submit your content to it or use any of MMC’s services, these Terms will govern the rights and obligations arising between you and MMC.
      3. Use of the MMC website includes your accessing, browsing, searching, use of MMC Community forums, use of any service which MMC provides via the MMC website, or your registration to use the MMC website.
    2. "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to the MMC website for storage or publication on, processing by, or transmission via the MMC website, through your participation in the MMC Community.
    3. Acceptance of Terms - By using the MMC website, you accept these Terms in full and you agree to comply with these Terms. In the event that you disagree with these Terms or any part of them, you must not use the MMC website.
    4. Minimum Age - You must be at least 16 years of age to use our website. By using our website you agree to these Terms, and you represent and warrant to MMC that you are at least 16 years of age. If you are under the age of 16 then you will require the permission of a parent or guardian.
    5. Cookies – The MMC website uses cookies. Through your use of the MMC website or agreement to these Terms, you consent to MMC’s use of cookies in accordance with the terms of the MMC privacy policy and cookie policy.
  2. Registration and Accounts
    1. You may register for an account with the MMC website by completing and submitting your registration details for the account. This may include clicking on the verification link in any verification email that the MMC website may send as part of security procedures.
    2. You must notify MMC in writing immediately if you become aware of any unauthorised use of your account.
    3. MMC reserves the right, at any time to:
      1. suspend your account;
      2. terminate your account; and/or
      3. edit your account details, at any time in MMC’s sole discretion.
    4. You may cancel your account on the MMC website at any time.
  3. Content of the MMC Website
    1. The MMC website contains content generated by MMC or third parties whose content is used under licence. The content provided by the MMC website is provided for general information purposes only. It is not set up to provide specific advice on which you should rely solely.
    2. ALWAYS SEEK ADVICE FROM YOUR DOCTOR IF YOU HAVE ANY CONCERNS ABOUT YOUR CONDITION OR TREATMENT AND BEFORE TAKING, OR NOT TAKING, ANY ACTION ON THE BASIS OF THE CONTENT ON THE MMC WEBSITE.
    3. For the avoidance of doubt, the content posted by you through your participation in the MMC Community is a distinct part of the MMC website and the posts and information contained there have not been created by MMC (or on MMC’s behalf). Such content on the MMC Community forum has been drafted by individual users who are typically not medically qualified and are not in a position to offer medical advice. Such content may be a useful support tool but ALWAYS SEEK ADVICE FROM YOUR DOCTOR regarding your particular healthcare needs and concerns.
    4. MMC makes reasonable endeavours to update the information on the MMC website. However MMC makes no representations, warranties or guarantees, whether express or implied, that the content on the MMC website is accurate, complete or up-to-date.
    5. MMC does not represent or warrant that the information or materials available through the MMC website will meet your particular requirements or needs or that access to, or use of, the MMC website will be uninterrupted or completely secure.
  4. User Login Details
    1. If you register for an account with the MMC website, you will be asked to choose a user ID and password. Your password should be kept confidential.
    2. Your user ID must not be liable to mislead and must comply with the content rules. You must not use your account or user ID for or in connection with the impersonation of any person as MMC is processing your personal data and dealing with you as an individual, specifically.
    3. You are responsible for making all arrangements necessary for you to access the MMC website (including the requisite access to an internet connection and an appropriate browser).
  5. Your Licence to Use the MMC Website
    1. You may:
      1. view pages from the MMC website in your web browser;
      2. download pages from the MMC website to add to your cache in your web browser;
      3. print pages from the MMC website;
      4. use any website services provided by MMC, by means of your web browser, subject to the other provisions of these Terms
      5. redistribute MMC communications in electronic form to any person, if you have their express permission to send it to them.
    2. Except as expressly permitted by clause 5(a) above, or the other provisions of these Terms, you must not download any material from the MMC website or save any such material to your computer.
    3. Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the MMC website.
    4. You may link to the MMC website, provided that you do so in a way that is fair and legal and does not damage MMC’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on MMC’s part where none exists. MMC’s website must not be framed on any other site (made available for viewing through a third party website). MMC reserves the right to withdraw or limit this linking permission without notice.
    5. You agree not to do any of the following:
      1. use the MMC website in any way or take any action that causes, or may cause, damage to the MMC website or impairment of the performance, availability or accessibility of the MMC website to any other user;
      2. use the MMC website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. use the MMC website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, time bomb, spyware, adware or any other malicious or technologically harmful computer software designed to adversely affect the operation of any computer software or hardware;
      4. attack the MMC website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the UK Computer Misuse Act 1990. MMC will report any such breach to the relevant law enforcement authorities and MMC will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the MMC website will cease immediately;
      5. conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the MMC website without the prior written consent of MMC;
      6. access or otherwise interact with the MMC website using any automated or artificial intelligence means, except for the purpose of search engine indexing; and
      7. use any personal data or other data collected from the MMC website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    6. You agree to not use personal data or other data collected from the MMC website to contact individuals, companies or other persons or entities.
    7. You agree to ensure that all the information that you supply to MMC through the MMC website, or in relation to the MMC website, is true, accurate, current, complete and non-misleading.
  6. Your Content: Grant of Licence to MMC
    1. You grant to MMC a worldwide, irrevocable, perpetual, non-exclusive, royalty-free licence to modify, reproduce, store and, with your specific consent, publish your content on and in relation to the MMC website. All such content will be treated as non-confidential. If you wish to keep your content confidential or do not want to grant MMC the rights set out in this clause 6, do not submit your content to MMC.
    2. You grant to MMC the right to sub-license the content publication rights licensed under section 6(a) above to third parties, in MMC’s sole discretion.
    3. You grant to MMC the right to bring an action for infringement of the content publication rights licensed under Section 6(a) above.
    4. You hereby waive all your moral rights in your content licensed to MMC pursuant to this clause 6, to the maximum extent permitted by applicable law. You represent and warrant that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    5. You may edit your content to the extent permitted using the editing functionality made available on the MMC website.
    6. Without prejudice to MMC’s other rights under these Terms, if you breach any provision of these Terms in any way, or if MMC acting reasonably, suspects that you have breached these Terms in any way, MMC may delete, unpublish or edit any or all of your content.
  7. Your Content: Your Obligations
    1. You represent and warrant that your content will comply with these Terms.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by MMC in accordance with these Terms, must not:
      1. be in breach of any contractual obligation owed to any person;
      2. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      3. infringe any right of confidence, right of privacy or right under any applicable data protection legislation including the General Data Protection Regulation (GDPR) or the UK Data Protection Act;
      4. be untrue, false, inaccurate or misleading, including passing yourself off as a healthcare professional, if this is not true;
      5. attempt to impersonate a MMC employee or consultant;
      6. constitute negligent/fraudulent advice or contain any negligent/fraudulent mis-statement;
      7. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      8. be libellous or maliciously false;
      9. be obscene or indecent;
      10. encourage any act or activity that in MMC’s opinion could be harmful to the health of another user or which raises any patient safety concerns
      11. be in contempt of any court, or in breach of any court order;
      12. be in breach of racial or religious hatred or discrimination legislation;
      13. advocate, promote or assist any unlawful act;
      14. be in breach of official secrets legislation;
      15. depict violence in an explicit, graphic or gratuitous manner;
      16. be pornographic, lewd, suggestive or sexually explicit;
      17. constitute spam (unsolicited or unauthorised advertising or promotional material or any other form of similar request);
      18. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      19. cause annoyance, inconvenience or needless anxiety to any person.
    4. MMC reserves the right to remove any content you submit to the MMC website if, in MMC’s sole discretion, your content does not comply with MMC’s content standards, or any term, set out in these Terms.
  8. Intellectual Property Rights - MMC and its licensors own or license or control all of the intellectual property rights (including copyright) in the MMC website and the material on the MMC website. All intellectual property rights (including copyright and other rights) in the MMC website and the material on the MMC website are reserved.
  9. Limited Warranties
    1. MMC does not represent or warrant:
      1. the completeness or accuracy of the information published on the MMC website;
      2. the suitability of the information, products, and services contained on the MMC website for any purpose;
      3. that the material on the MMC website is up to date;
      4. that the MMC website will be compatible with the website of any third party; or
      5. that the MMC website, any content or any service on the MMC website will remain available on an uninterrupted basis.
    2. MMC reserves the right to suspend, delete, discontinue or alter any or all of the MMC website services, and to stop publishing the MMC website, at any time in MMC’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any MMC website services, or if MMC stops publishing the MMC website.
    3. To the maximum extent permitted by applicable law and subject to all limitations set out in clause 10 below (Limitations and Exclusions of Liability), MMC excludes all representations and warranties relating to the subject matter of these Terms, MMC website and the use of MMC’s website. The MMC website is provided on an “as is” basis.
  10. Limitations and Exclusions of Liability
    1. Nothing in these Terms will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liability in any way that is not permitted under applicable law, or
      4. exclude any liability that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this clause and elsewhere in these Terms govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms or otherwise, even if MMC, or any of MMC’s suppliers, have been advised of the possibility of such damages, arising under or in connection with:
      1. The use of, or inability to use, the MMC website;
      2. use of or reliance on any content displayed on the MMC website (regardless of the origins of such content); or
      3. any information, products, and services obtained through the MMC website, or otherwise arising out of the use of the MMC website.
    3. Subject to clause 10(a) above, MMC will not be liable for any loss or damage of any nature. For the avoidance of doubt, MMC will not be liable to you in respect of any losses arising out of any event or events beyond MMC’s reasonable control.
    4. For the avoidance of doubt, MMC will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to your profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    5. MMC will not be liable to you in respect of any loss or corruption of any data, database or software. MMC will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the MMC website or to your downloading of any content on it, or on any third party website linked to it.
    6. MMC will not be liable to you in respect of any special, indirect or consequential loss or damage.
    7. MMC assumes no responsibility for the content of third party websites linked to the MMC website. Such links should not be interpreted as endorsement by MMC of those linked third party websites. MMC will not be liable for any loss or damage that may arise from your use of such third party websites.
  11. Data Protection If you register to use the MMC website, or any service(s) accessible through the MMC website, then MMC will collect personal data from you (including, without limitation, your name, age, medical conditions and a valid email address). Your personal data will be held securely in accordance with the terms of the MMC privacy documentation set out elsewhere in the MMC website.
  12. Termination
    1. In the event of your breach of these Terms in any way, or if MMC acting reasonably, has cause to believe that you have breached these Terms in any way, MMC may:
      1. send you a formal warning;
      2. temporarily suspend your access to the MMC website;
      3. permanently prohibit you from accessing the MMC website;
      4. block computers using your IP address from accessing the MMC website;
      5. contact your internet service providers and request that they block your access to the MMC website;
      6. commence legal action against you, whether for breach of contract or otherwise, and/or
      7. suspend or delete your account on the MMC website.
    2. Where MMC suspends, prohibits or blocks your access to the MMC website or a part of the MMC website, MMC may take further legal action in the event that you attempt to circumvent such suspension, prohibition or blocking (including without limitation creating and/or using a different account).
  13. Miscellaneous
    1. Variation
      1. MMC may revise these Terms from time to time;
      2. The revised Terms shall apply to the use of MMC’s website from the date of publication of the revised Terms on the MMC website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.
    2. Assignment
      1. You hereby agree that MMC may assign, transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms; and
      2. You may not without MMC’s prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.
    3. Severability
      1. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect; and
      2. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
    4. Third Party Rights - A contract under these Terms is for MMC’s benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these Terms is not subject to the consent of any third party.
    5. Entire Agreement - These Terms, together with MMC’s privacy notice and cookie policy, shall constitute the entire agreement between you and MMC in relation to your use of the MMC website and shall supersede all previous agreements between you and MMC in relation to your use of the MMC website.
    6. Governing Law and Jurisdiction
      1. These Terms shall be governed by and construed in accordance with English law. Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England.
      2. If you are accessing the MMC website from outside of the United Kingdom then:
        1. MMC makes no representations that the content of the MMC website will be suitable for your requirements or that it is permissible or legal for you to access it; and
        2. your use of the MMC website is entirely at your own risk and you are responsible for ensuring that you act in accordance with any applicable laws.
    7. Reservation of MMC’s Rights - Any rights not expressly granted in these Terms are reserved.
  14. Contact Details of MMC
    1. This website is owned and operated by MILLION METRE CHALLENGE CIC, is registered in England and Wales under registration number 13078001, and its registered office is at 197 Finchampstead Road, Wokingham, England, RG40 3HE, England
    2. You can contact MMC:
      1. by post, using the postal address of the registered office;
      2. using the MMC website contact form;
      3. by telephone, on the contact number published on the MMC website from time to time; or
      4. by email, using the email address published on the MMC website from time to time.
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