Terms & Conditions

Welcome to the points4life website ("Site"). The Site is operated by Manchester Primary Care Trust (known as "NHS Manchester") in conjunction with The Council of the City of Manchester.

points4life is a revolutionary new loyalty programme which will enable people to live happier and healthier lives through eating better and moving more. The initiative has been created by The Council of the City of Manchester and NHS Manchester. It is a new loyalty programme which will encourage people to be healthier. It will take knowledge, learnings and technology from the private sector, where many loyalty programmes run very successfully, and apply them to the public sector. Through the use of government, local authority and private sector funding, points4life will encourage Mancunians to be healthier in a range of ways including what they eat and how they exercise ("Project").

This Site is has been developed as a tool to feed information to all stakeholders involved in the procurement process. It is important that the market works together to build strong coalitions to service this Project and this Site enables interested companies to publish details of their services within the segment areas of the site so that different organisations with a range of expertise ("Potential Bidder") can come together to exchange ideas with a view to becoming a formal provider of services for the Project. It is intended that all of the information required in relation to the procurement process will either be contained within this Site or will be accessible through a link from this Site.

These terms and conditions ("Terms") govern your ("you" or "your") use of the Site which we, NHS Manchester, conjunction with The Council of the City of Manchester ("we" "us" or "our") operate from the URL "www.points4lifeojeu.co.uk". By using the Site you agree to be bound by these Terms irrespective of whether or not you register to become a Potential Bidder. If you do not agree with any part of these Terms, you should not access or use the Site. You may wish to print off a copy of these Terms for future reference. If you have any questions about this Site, contact us using the details provided on the "Contact Us" page.

Use of the Site

The Site affords you the opportunity to find out more about the Project and access information and contact details for numerous Potential Bidders with a range of expertise who have consented to their details being displayed. All of our visitors are welcome to browse the Site.

You may:

• retrieve and display the content of the Site on a screen;
• print copies of the content for your own use; and
• store the content in electronic form (except that you may not store it on any server or other storage device connected to a network).

You may not use this Site or its contents:

• in any way not in accordance with the above;
• for resale purposes including the systematic extraction and/or re-utilisation of any part or the contents of this Site (eg graphics, articles);
• to download (other than page caching) or modify the Site, or any portion of it;
• to interfere with or disrupt any network or website connected to this Site or gain unauthorised access to other computer systems;
• to hack into or to send or distribute multiple unsolicited junk emails or messages or chain letters to Potential Bidders or other users;
• to interfere with the enjoyment or use of the Site by any other person; or
• for any purpose which is unlawful.

In addition you may not in relation to this Site:

• use any data mining, robots, or similar data gathering and extraction tools;
• use any framing techniques to enclose the trade marks, logos and other proprietary images, text, layouts and formats which we use on the Site;
• use any meta tags or any other "hidden text" which uses our name or trade marks;
• decompile, reverse-engineer or disassemble any part of the Site or its contents or any software used in connection with the Site;
• disrupt, modify or interfere in any way with the Site or its associated software, hardware and servers. You agree not to alter or tamper with any information or materials contained within or associated with the Site; or
• when using the Forums, impersonate us or any other Potential Bidder.

All rights not expressly granted in these Terms are reserved unless otherwise agreed.

Our database

We maintain a database of Potential Bidders who have a particular expertise in relation to the Project ("Database"). We do not recommend or endorse the Potential Bidders listed in the Database; this is provided in good faith for information purposes only. You should verify the accuracy of any information contained in the Database before relying upon it. Should you notice any information which you believe to be inaccurate, false or misleading in the Database, please contact us and we will endeavour to investigate this. The information contained within the Database is provided to us by these Potential Bidders and we can not accept any responsibility for its accuracy and completeness.

Potential Bidder contributions

If you are considering getting involved with the Project, please read the Memorandum of Information under the Procurement Process tab within this Site. This will explain how the procurement process will be carried out. If you are still interested in supplying services, visit the Registration tab, where you will be given instructions on how to register your interest in the procurement process.

When you register your interest in the procurement, you will be asked to declare which segments of the Project you have an interest in being considered for, along with the opportunity of providing a short statement outlining your capability in those areas. You will also be given the option of openly declaring this interest to other organisations. Should you wish to declare this interest, your details will be published on the relevant segment tabs of the Site, which will be updated on a regular basis. The Site will list all of the organisations who agree to publicise their details, along with contact details, areas of work that they have an interest in and capability statements. Organisations are then free to contact each other as they see fit in order to form partnerships, consortia and lead contractor arrangements. When you register your interest in the procurement there is also an option for you not to publicise your interest.

Any material that Potential Bidders transmit or post to this Site to be displayed to other users shall be considered non confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to pass this information to third parties. Display of contact information, including email addresses and telephone numbers, is at Potential Bidders' own risk. We shall not be responsible for any errors or omissions in this information or for the use of such information by third parties.

In posting material, you are deemed to warrant that it is original and that you have full right and consent to provide it to us. We ask that all Potential Bidders who submit information to the Database use reasonable skill and care in compiling their content. Any material you post on the Site is not private and by posting such material you grant us a perpetual royalty-free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence it, in any medium now in existence or hereinafter developed, for any purpose, including commercial uses. We accept no responsibly for safe custody of such material.

You may not post or transmit to or from this Site (including, but not limited to, for display on the Database, the Forums and bulletin areas), any material which:

• is threatening, libellous, defamatory, obscene, indecent, seditious, offensive or insulting (generally or to other Potential Bidders or Site users), pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, harassment or inconvenience; or
• for which you have not obtained all necessary licences and/or approvals or which violates the intellectual property or other rights of any third party; or
• which constitutes or encourages conduct that could be considered a criminal offence, could give rise to civil liability or is otherwise contrary to the law of, or infringes the rights of any third party in, the UK or any other country in the world; or
• which is technically harmful (eg a virus, Trojan horse or other harmful component or data); or
• which relates to any ongoing or pending trial.

You agree to indemnify us and our subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives and hold them harmless from any and all claims, demands and liabilities (including legal fees) that may arise from your submissions to this Site, provision of content, unauthorised use of material obtained through this Site, breach of these Terms or any other such acts arising from your use of this Site which may violate the rights of another person or party.

Due to the large amount of information posted on the Site, it is not always possible for us to check each submission, but we do reserve the right to amend or remove any material which breaches these Terms. We also reserve the right to review, edit, move or delete any material submitted by Potential Bidders, in our sole discretion and without notice. If you do see any content which you believe violates the principles set out above, please inform us as soon as possible.

We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by Potential Bidders. This material is the view and responsibility of those individual organisations and bodies and does not necessarily represent our views. We accept no responsibility for any offence caused by such materials.

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms.

Registration

Registration to display information on the Database as a Potential Bidder is via Commissioning Business Service’s e-tendering service provided by BravoSolutions (https://gmcbs.bravosolution.com/web/login.shtml). In response to your request to display information, an e-mail is sent to the e-mail address given containing a secure password. Upon returning to the Bravo Solutions site and re-entering your login details you will be asked to change the password details to one of your choosing. Once these details are provided and the terms and conditions of the BravoSolutions site accepted, your information will be displayed on the Potential Bidder sections of the Site within twenty four hours. If Potential Bidders wish to amend or delete information they should advise of the changes through the contact us page.

Each registration is for a single Potential Bidder only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

Responsibility for the security of any passwords issued rests with you.

Our Intellectual Property

This Site and its content including all text, graphics, logos, images, data compilations and software used in connection with this Site, is our property or that of the Department of Health, other Potential Bidders, licensors and suppliers and is protected by copyright, trade marks, database rights and other intellectual property rights. Use of these intellectual property rights is forbidden unless the prior permission of the owner has been obtained.

Links

Use of the Site does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it. You shall not in any way suggest that we or the Department of Health are endorsing any of your products or services or misrepresent the relationship between us and you nor present any other false information about us.

Liability

The content on this Site is provided in the interests of furthering the Project and putting potential Bidders in contact and is provided by us in good faith. However, the content of this Site should not be taken as specific advice and you should ensure that you obtain appropriate professional advice wherever necessary. You are advised to verify the accuracy of the Site content before relying upon it. We make no particular recommendation as to the status of or expertise of a particular Potential Bidder whose details are displayed on the Site. You acknowledge that some of our content, including but not limited to information, products, services or graphics, is supplied to us by independent parties. In contributing to our Site your warrant that your information and logo is original, accurate and complete, and does not contain anything likely to cause offence, although we cannot verify this.

The Site is provided "as is" and is for general information purposes only. Whilst we have taken every care in the preparation of the content of the Site we cannot guarantee that it is up to date, complete, accurate, reliable or error-free. We disclaim all warranties and representations (ie statements which provide assurance that information is true) as to the accuracy of the Site, or the information, content, products or services included on the Site. We will not be responsible for any errors or omissions or for any technical difficulties or unavailability you may experience with the Site.

We shall not be liable to any person, body or organisation for any amount or kind of loss or damage which may arise from:

(a) this Site;
(b) the use or misuse, inability to use, or results of use of this Site;
(c) any websites linked to this Site or any material on such websites;
(d) your downloading of any material from this Site or any websites linked to this Site;
(e) the information displayed on this Site by Potential Bidders; or
(f) viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site.

Any reliance that you place on the information contained on this Site is strictly at your own risk. We shall not be liable to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise for any of the following losses, costs, expenses or damages, whether direct or indirect, whether caused by our negligence or that of our employees, agents or contractors, or otherwise, which are incurred or suffered by you and which arise out of, or in connection with the use of this Site:

(a) loss, costs, expenses or damage incurred by you as a result of third party claims;
(b) loss of actual or anticipated profits;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill;
(f) injury to reputation; or
(g) any indirect, special or consequential loss or damage, costs or expenses howsoever caused even if we were advised of the possibility of them in advance.

Nothing in these Terms excludes our liability to you for:

(a) death or personal injury caused by negligence;
(b) fraud;
(c) misrepresentation as to a fundamental matter; or
(d) any liability which it would be illegal for us to exclude, or attempt to.

To the maximum extent permitted by law, we provide you with this Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of fitness for purpose and the use of reasonable care and skill) which but for this notice might have effect in relation to this Site.

Failure of either party to exercise a right or remedy under these Terms does not constitute a waiver of that right or remedy.

Third Party Sites

The Site may include links to third party websites ("Third Party Site(s)") from time to time whose practices may differ from ours. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this Site. If you access those websites, you leave this Site, and access the Third Party Sites at your own risk. The inclusion of links to Third Party Sites does not necessarily imply a recommendation or endorse the views expressed within those Third Party Sites.

Availability and Connectivity

Whilst we make every effort to ensure the Site is available at all times, the nature of the Internet means we cannot guarantee this will always be the case or that the Site will be fault or error free. If a fault occurs, please report it to our Support Team. Occasionally we may suspend or restrict access to the Site to allow us to carry out essential updating, maintenance and repairs. In these circumstances, we will endeavour to restore your access to the Site as soon as possible.

Alterations to these Terms

We reserve the right at any time to make changes to these Terms and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the Site or upload information to the Site therefore you should review this notice from time to time.

Privacy Policy

We are committed to ensuring the privacy of any personal information. To view our privacy policy, click here.

Other conditions

Additional services on this Site may require you to read and accept other terms and conditions as and when prompted.

General

The Council of the City of Manchester may enforce these Terms subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

Except as provided in the paragraph above, these Terms do not confer any benefit on a third party under the Contracts (Rights of Third Parties) Act 1999.

We reserve the right at any time to suspend or terminate your access to the Site.

If any of these Terms are deemed invalid, void or unenforceable for any reason, they will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.

To fulfil our obligations to you under these Terms we communicate with you by e-mail and by posting notices on the Site. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.

If you breach these Terms and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales and you and us both agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to these Terms or any issues arising out of your use of the Site.

Our Details

NHS Manchester
Mauldeth House
Mauldeth Road West
Manchester
M21 7RL
Tel: 0161 958 4000.

Manchester City Council
Town Hall
Albert Square
MANCHESTER
M60 2LA
Tel: 0161 234 5000

 

Last updated: 26th January 2009