S12 Solutions Limited Terms of Website Use
Please read these terms and conditions carefully before using the site.
Who we are and how to contact us
Our site is operated by S12 Solutions Limited (we, our, us). We are registered in England and Wales under company number 10815986 and have our registered office at 2 Stone Buildings, Lincoln’s Inn, London, England, WC2A 3TH.
We are a limited company.
To contact us, please email s12solutions-support@vitalhub.com.
You must be an approved person
You must not download or use our site unless you are an approved mental health professional (AMHP) or a medical practitioner approved by the relevant authorities under Section 12(2) of the Mental Health Act 1983 or are a user performing a purely administrative function (Approved Person) or someone invited to use the video calling function and/or statutory form function of our site by an Approved Person that is an AMHP (External User).
If you cease to be an Approved Person or an External User you must stop using our site.
External users
If you are an External User. Your right to access our site is limited to accessing the video calling and/or statutory form functions as notified to you by us or by an Approved Person that is an AMHP. You shall not access any other part of our site.
Your right to access the video calling function ends when your participation in a video call ends. Your right to access the statutory form function ends when the relevant statutory form has been deleted from our site (whether by you or by us under our automatic deletion policy).
You may only access our site in your professional capacity and warrant to us that you have appropriate professional qualifications and an appropriate reason to be a participant in a video call and/or view and amend statutory forms held on our site.
You may not access the statutory form function unless you are a medical practitioner approved by the relevant authorities under Section 12(2) of the Mental Health Act 1983.
If you are an Approved Person that is an AMHP. You may request permission for an External User to be given temporary access to the video calling and/or statutory form functions on our site. Prior to requesting permission for such access you shall verify the professional qualifications of the External User and determine whether such External User is a suitable person to be given such access.
For the video calling function you may only invite a person that is participating in such video call in an appropriate professional capacity and who has appropriate professional qualifications.
For the statutory form function you may only invite a person that is a medical practitioner approved by the relevant authorities under Section 12(2) of the Mental Health Act 1983.
By using our site you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:
· Our Privacy Policy https://s12solutions.com/privacy-policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. You must not upload any personal data belonging to a third party unless you have the consent of that third party or another legal basis on which to do so.
- Our Acceptable Use Policy https://s12solutions.com/privacy-policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- Our Cookie Policy https://s12solutions.com/cookie-policy, which sets out information about the cookies on our site.
- The ways in which you can use our site may also be controlled by Amazon Website Service, Inc’s rules and policies https://aws.amazon.com/legal/?nc1=f_cc and Amazon Website Service, Inc’s rules and policies will apply instead of these terms where there are differences between the two.
We may process audio and video data
If the video call function is made available to you on our site and you choose to use it that will result in audio and video data from that video call being transferred from your device to the devices of the other participants in that video call. We do not view, record or store any of that audio or video data and none of it is transferred outside of the UK.
By using the video call function, you agree to us collecting and using such data to provide that function. If you do not want your data to be processed in this way then do not access the video call function on our site.
We may process statutory form data
If the statutory form function is made available to you on our site and you choose to use it that will result in personal data relating to persons undergoing a mental health assessment being entered onto our site.
You shall not enter any such personal data onto our site unless you are lawfully able to do so (including being lawfully able to provide such personal data to us).
If you enter any such personal data onto our site you must inform such persons that their personal data will be processed in accordance with our privacy policy and refer them to our privacy policy for further information. We will provide a copy of our privacy policy to any such person if they contact us through our website at s12solutions.com or by emailing us at s12solutions-support@vitalhub.com.
You understand and agree that all data contained in the statutory form function of our site will be deleted by us 30 days after it has been created. If you will require access to that data after the deletion date you must export that data before it is deleted, it will not be recoverable after that date.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our site is only for users in the UK
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at s12solutions-support@vitalhub.com.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on s12solutions-support@vitalhub.com.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You agree that that if you submit any content to our site it will not contain any special category personal data other than:
- where you are not using the statutory form function – the location, date and time of a mental health assessment and the NHS number, name, address (home and place of the mental health assessment) and GP practice of the person being assessed; or
- where you are using the statutory form function – the special category personal data set out above and in addition the date a subject was last examined by a doctor, date and time an approved mental health professional last saw the subject, whether the hospital admission is in an emergency or for an assessment and or treatment of mental disorder, name and address of the subject’s relatives/person authorised to act on their behalf, doctors’ opinion on why the subject should be detained, reasons why a medical practitioner with prior knowledge of the subject is not providing an opinion (if relevant), name and address of person(s) completing the form
You warrant that you have all necessary rights and consents from relevant third parties to submit such content.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in “Rights you are giving us to use material you upload”.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us a royalty free, worldwide, perpetual license to use, copy, distribute, publish, republish, store, archive, syndicate, sub-license, transmit, adapt, edit, create derivative works from, perform, exercise publicity and copyright rights in relation to such material (including any ideas, concepts or formats) in any manner and in any format and/or media.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
Which country’s laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Third party rights
No one other than a party to these terms has any right to enforce any of these terms.
Our trade marks are registered
S12 Solutions trade mark UK00003245604 is a UK registered trade mark of S12 Solutions Limited. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under “How you may use material on our site”.
