REASON FOR THIS POLICY

This Comms Toolkit Terms and Conditions policy sets out the standards that legally apply to you when you register for and/or use our Comms Toolkit service (“Service”). 

These terms also apply to visitors, users and anyone else who happens to access, view or use this Service. It should be read alongside our Acceptable Use Policy, Website Terms of Use, and Privacy and Cookies Policy also available on our site.

If you disagree with any part of the terms or you’re not sure about something, do not access the Service. Have a chat with us instead. For the record, we hardly ever sound this stern.

OUR INFORMATION

This policy applies to: https://www.primarycarecommsclinic.co.uk (“site”).

The site is operated by: Courtyard Marketing Ltd t/a Primary Care Comms Clinic (collectively, “Primary Care Comms Clinic,” “PCCC,” “we,” “our,” or “us”). 

Our company number is 10086566 and our VAT registration number is GB 351837686.

Our registered office address is at: 40-42 Hoyland Common, Barnsley, South Yorkshire, England, S74 0DQ.

And our address for all queries is at: The Circle, 33 Rockingham Lane, Sheffield S1 4FW. 

CONTACT DETAILS

You can contact us with any questions or issues in respect of these terms and conditions by email at: [email protected]. 

Alternatively, call us at: 0114 405 5020. Our office is open Monday to Friday, 8am until 4pm except for Bank Holidays when we’re closed.

THE BASICS

Let’s start with the basics, including a few definitions that should help you understand these Terms.

Authorised users: Individuals that we’ve vetted as good to go and given permission to use the Service.

Customers: Individuals who kindly organise and pay the Subscription fees on behalf of Authorised users. Sometimes these individuals are the same person because they’re amazing and in control of their own comms destiny.

Customer data: the data inputted by a Customer or Authorised user for the purpose of using the Service.

Service: The “Comms Toolkit” subscription (“Service”) provided by PCCC to the Customer under this Contract of Sale.

Subscription fees: The annual subscription fees payable by the Customer to PCCC for the Authorised users, as set out in our pricing and subscription information.

Subscription term: The length of time you’re allowed to access the Service which is annual so 12 months.

Website: Known as “site”: https://www.primarycarecommsclinic.co.uk.

THE SERVICE

SERVICE AVAILABILITY

  • The Service is only available online via your computer. It’s held on third-party secure servers in the UK and they’re good eggs who maintain them.
  • We have taken all reasonable steps to ensure that the Service is available at all times but sometimes the IT gods are against us. We’ll do our best to let you know ahead of time if the Service is unavailable. 
  • In the event the Service is not available in whole or in part at any time, we shall have no liability in any circumstances.

ACCESSING THE SERVICE

As an Authorised User, you agree to:

  • Keep your user details and password for the site confidential at all times. Disclosing them to a third party is a big no-no. We reserve the right to terminate your subscription immediately if we suspect your account is being used by a third party without notice or a refund.
  • Notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorised use of your account.
  • Not engage in any of the following naughty activities which are strictly prohibited:
    • Copying pages, resources, videos or downloads from the Comms Toolkit unless we’ve said it’s okay for you to use it. For example; sample scripts or text templates you can copy, edit and paste.
    • Distributing or disclosing any part of the Comms Toolkit in any other medium, which includes automated or non-automated “scraping.” These automated systems include, but are not limited to “robots,” “spiders,” and “offline readers,” among others, 
  • Accept the materials within the Comms Toolkit are for generic advice only. Contact us if you have a question about whether a resource is suitable for your specific needs. 
  • Email us to let us know if you’re having any technical issues with any of the resources like a video won’t play or a document won’t download. Gremlins happen. 
  • If you require additional comms support or bespoke advice, there will be an additional fee for assistance other than for quick questions or technical support. We’ll agree on this together before any charge is made of course. 

PERSONAL INFORMATION

  • As a Customer, you’ll need to provide accurate personal information about the intended Authorised user(s) you wish to purchase subscriptions for. Email us if you need to update the information we hold about your Authorised users. 
  • We’re not serving alcohol unfortunately but you will need to be at least eighteen (18) years old to access the website and have the legal capacity to enter into a contract.
  • As a Customer, you can confirm you are purchasing the Comms Toolkit in your capacity as a business user.
  • You may not transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under your Subscription.

PAYMENT

  • The total price for the Comms Toolkit (or part of the Comms Toolkit) is set out on your order form and should be paid annually in advance. Value Added Tax (VAT) is applicable and is clearly displayed too.
  • All payments are non-refundable – see Cancellations and Terminations below for more about this.
  • With an ever-growing Comms Toolkit, we have the right to make reasonable changes to our fee from time to time and as necessary.

COMMUNICATION

  • As a Customer or Authorised user, you’re happy for us to use your email address as a communication tool between PCCC and you. Carrier pigeons are far too expensive and difficult to train as message deliverers, contrary to popular belief.
  • From time to time, we may send you relevant messages through your email address such as Comms Toolkit updates, service features, promotional and special offers and our monthly Quick Comms Cures newsletter.
  • Unfortunately, we’re not responsible for any overzealous filtering that you or your email provider (yes, we’re looking at you nhs.net!) may apply to emails we send to the email address provided to PCCC. Ask your IT contact to whitelist our email address if you run into any problems.

WHAT TO EXPECT FROM US

  • We’re confident the resources within Comms Toolkit are of good quality and reasonably fit for the purpose for which the Comms Toolkit is provided.
  • That said, we cannot guarantee any particular results. That’s down to the nature of delivery and the fact that your success is dependent on an unfathomable number of factors over which we have no control.
  • We review all our resources regularly to make sure they’re still accurate and up to date but we won’t be liable for any claims arising from any information being inaccurate or not up to date.

PRIVACY

We value your privacy and the security of your personal information. All information we collect from you as a Customer or Authorised user, as part of our subscription procedure, is treated as confidential. 

For more information on your privacy rights, please refer to our Privacy and Cookies Policy.

INTELLECTUAL PROPERTY

  • All content and resources available on the website and Comms Toolkit remain the sole property of PCCC including our snazzy logos, illustrations and “look and feel”.
  • We grant you a limited, non-exclusive, revocable licence to use all or any of the content of the Comms Toolkit for the purposes for which the Comms Toolkit was provided only.
  • You may not make any audio or visual recordings of any part of the Comms Toolkit.
  • If we deliver any live training events or drop-in clinics and you attend, you give us permission to use your image and voice in any recordings without payment, other condition or need for further consent.
  • You may not copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way, or at any time, any of the content or resources from our website or Comms Toolkit service. It’s okay for you to do so if we’ve given you permission first. For example, sample scripts or text templates that we say you can copy, edit and paste.
  • You accept that some of the information contained in the Comms Toolkit is already available in the public domain.
  • Any use of the content without permission or required license from the site shall be deemed a violation of the Intellectual Property Rights of the company, and appropriate and reasonable actions shall be taken swiftly. 
  • These same intellectual property terms stand and remain if you terminate or cancel your subscription.
  • We take care and respect the intellectual property rights of others. If you believe that an item or any content in the Comms Toolkit infringes on any Intellectual Property right, get in touch with us straight away. Rest assured that we’ll take the necessary course of action.

CANCELLATIONS AND TERMINATIONS

  • All subscriptions remain valid for 12 months or before if you decide to cancel or terminate it early. 
  • You’ll receive a renewal invite 30 days before the end of your subscription. If you do not wish to renew, (we’ll cry but) please let us know you don’t wish to continue at: [email protected].
  • You are free to cancel your subscription at any time by sending an email to [email protected] but if you cancel before the end of your subscription term:
    • You’ll still have access to the resources until the end of your subscription term.
    • No refunds are available.
  • After the date of your renewal date (and if you have chosen not to renew)
    • You’ll no longer be charged unless you resubscribe.
    • You’ll lose access to our Comms Toolkit.
    • If you resubscribe, you’ll be charged with a new subscription fee.
  • Either of us may terminate the contract on written notice to the other with immediate effect if at any time:
    • The other commits any serious or repeated breach or doesn’t observe the terms of this agreement; or
    • The other makes a resolution for its winding up, or makes an arrangement with its creditors, ceases trading, is unable to pay its debts or administrators are involved. 
    • The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or goes against the interests of the terminating party.
  • You must pay any unpaid fees on or before the date of termination of the contract.
  • It’s important to check the Comms Toolkit service is suitable for your needs before registering and applying it. That’s why we provide information about it on our website and offer free demos. 
  • Termination of this agreement won’t affect either of our accrued rights, remedies, obligations and liabilities of either of us including the right to claim damages in respect of any breach of the agreement.
  • Any delay by us in exercising our right to terminate the contract shall not constitute a waiver of our rights to terminate or seek any other remedy.

COMPLAINTS

  • If you are not satisfied with the service at any time, please contact us, so we have chance to rectify the issue. 

LIABILITY

  • (Deep breath) We won’t be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into the Contract and/or us providing the Comms Toolkit.
  • Our total liability in contract (including negligence or breach of statutory duty), shall in all circumstances be limited to the price paid by you for the Comms Toolkit in the 12 months prior to the date giving rise to the claim.
  • If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
  • We won’t be liable for additional costs incurred by you as a result of changes in the Comms Toolkit or any other content.
  • Nothing in this Liability section shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
  • You acknowledge and agree that you haven’t relied on any promises or guarantees (whether in writing or not) about the Comms Toolkit other than what’s been expressly set out.

GENERAL

  • We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  • If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies. This shall not relieve you from compliance with such obligations either. 
  • No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
  • If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  • A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
  • The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.

CHANGES TO OUR POLICY

Please check this page regularly, as we may revise, change or update this acceptable use policy at any time. We know you’re not likely to but you should check the relevant terms each time you use the site. Your continuation with the Comms Toolkit will be deemed to be your acceptance of any new Terms.

This policy was last updated 29 January 2024.