Terms of use for the Midlands Orthopaedic Centre website

The Midlands Orthopaedic Centre is a division of The Dudley Group NHS Foundation Trust.

1. Terms and Conditions between users of the website and related services and the Midlands Orthopaedic Centre/The Dudley Group NHS Foundation Trust

In this agreement, the 'website' means the website at midlandorthopaediccentre.co.uk. The 'Trust' means the Midlands Orthopaedic Centre/The Dudley Group NHS Foundation Trust.

The website is intended for use by individuals in the United Kingdom only. The website is offered as a free service for you, the user. You have the opportunity to take independent legal advice on these Terms and Conditions before continuing to use the website.

Your use of the website and/or your acceptance of these Terms and Conditions, and notices without modifying them, constitutes agreement by you to all of these terms, conditions and notices. Only those who agree to be bound by these Terms and Conditions are authorised to use the website.

2. Operator details

The website is operated by the Trust. For enquiries about the website, email midlandsorthopaediccentre@nhs.net or write to:

Midland Orthopaedic Centre
Trauma & Orthopaedics
Russells Hall Hospital
Pensnett Road
Dudley
West Midlands
DY1 2HQ

3. Copyright and trademark notices

The website trade mark and logos are the property of the Trust. Other product and company names mentioned on the website or other websites or services accessed through the website are owned by third parties. All contents of the website including this agreement are the copyright of the Trust and will be protected by other proprietary rights, including database rights.

No part of the website, including any e-mails we send, may be reproduced in any form, whether electronically or otherwise, without the prior written consent of the Trust.

You must retain all copyright or trade mark notices contained on this website on any copy you make of it or part of it. You may not sell or modify what is on the website or reproduce, display, publicly perform, distribute or otherwise use the content on it in any way for any public or commercial purpose. The use of such content on any other website or in a networked computer environment for any purpose is prohibited.

4. Limitations on type of use

You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from the website. You may not use the website for anything other than the purpose outlined in this agreement and you may not use spiders or other robotic software tools to gather information from the website or use any applications which could lead to harm to the website.

You may not use the Website to indicate any association with the website or the Trust without the Trust's prior written consent. If you would like information about obtaining the Trust's permission to use any content of the website or if you would like to link your website to the website, please e-mail midlandsorthopaediccentre@nhs.net.

5. Liability disclaimer

The main purpose of the website is to provide information to users about the Trust and the services it provides through the Midlands Orthopaedic Centre. All information provided via the website is general information which can never be treated as being a substitute for professional healthcare. Do not rely upon any of the general information provided via the website for medical diagnosis or treatment. You must always consult with your doctor about personal health concerns.

If you have any immediate concerns in relation to your health or the health of someone else, you should not delay in contacting your doctor or the emergency services directly on 999.

While the Trust does make every effort to check the accuracy of information published on the website, it cannot give any warranty that information will be accurate or up-to-date and the user acknowledges that the information and services offered on the website may include inaccuracies, out of date information or typographical errors. In particular, and without limitation to the rest of this agreement, the Trust is not able to guarantee that the website will continue or be accurate during time of server failure.

Information contained in, or accessible via, the website changes on a regular basis. The Trust may make improvements or alterations to the website at any time without notice.

The Trust is not responsible in any way whatsoever for the content of any site accessed using the website, nor can it warrant that use of the website will be free from virus contamination and you should take adequate steps to ensure that you virus check regularly when using the website on your device.

The Trust is not in a position to know for what purpose you will use information provided by the website and so cannot insure against loss.

The Trust makes no representations about the suitability of the information, and services contained on, or accessed via, the website for any purpose. All warranties, terms and conditions with regard to this information, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law.

The Trust shall not in any event be liable for any damages (whether indirect, incidental, special, consequential or otherwise) arising out of, or in any way connected with the use of the website, or with any delayed access to, or inability to use the website, or otherwise arising out of the use of the website, whether based on contract, tort, strict liability or otherwise. This does exclude or limit liability for death or person injury caused by negligence or for fraudulent misrepresentation.

6. Links to third-party Sites

The website contains hyperlinks to websites operated by third parties. These hyperlinks are provided for reference only. The Trust does not control these websites and is not responsible for their content.

A reference on the website to any persons, products, web sites or services does not constitute or imply their endorsement, recommendation or favouring by the Trust.

The hyperlinks provided from the website have been authorised by the Trust. If you would like to add a hyperlink to the website, you require written consent from the Trust.

The Trust reserves the right to remove any hyperlink at any time and without notice and shall not be obliged to give a reason for doing so. If you become concerned about the content of a site linked to or from the website (or anything on the website), please inform the Trust immediately.

If your complaint is about unsuitable content you may also consider reporting the matter to the Internet Watch Foundation who can be contacted via their website at iwf.org.uk.

7. Messages from the Trust

Any e-mail or other form of communication between representatives of the Trust and other parties will be deemed covered by these Terms and Conditions.

8. No unlawful or prohibited use

As a condition of your use of the website, you warrant to the Trust that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions and notices.

9. Other general terms

This agreement is governed by the laws of England. You consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of the website. Use of the website outside the UK is unauthorised.

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Trust as a result of this agreement or use of the website. Each and every provision of this agreement is separate and severable. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the validity and enforceability of the remainder of the Terms and Conditions shall not be affected.

These Terms and Conditions constitute the entire agreement between you and the Trust with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Trust with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the website.

10. Variations of the Terms and Conditions

The Trust reserves the right to change the Terms and Conditions and notices under which the website is offered. We will do this by altering the Terms and Conditions on the website and this alteration will then be of immediate effect. For this reason, you should regularly visit the Terms and Conditions on the website as the current version will be binding on you.