Terms & Conditions
1.2 This Website contains information, files, text, data, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and information about CHART, its areas of charitable work and services and general information (the "CHART Content").
1.3 Cancer Healing and Research Trust ("CHART") is a company incorporated in England & Wales with registration number 04806978, and it is registered with the Charity Commissioner with charity number 1103162. CHART's registered address is 69 Harley Street, London W1G 8QW, United Kingdom.
1.4 For the purposes of these T&C, CHART includes any and all CHART subsidiary companies and CHART joint ventures that may exist from time to time.
1.5 The Website is owned and operated by CHART.
1.6 CHART has engaged Online Giving Ltd, trading as charitycheckout.co.uk ("Charity Checkout") as its agent, to collect and process donations on CHART's behalf.
1.7 CHART has engaged JustGiving Foundation, trading as justgiving.com ("JustGiving") as its agent, to collect and process donations on CHART's behalf.
1.8 "Patient" is anyone with medically diagnosed cancer.
1.9 CHART operates the "Medical Log", a facility for collecting Patient data to share for the benefit of researchers and other Patients
1.10 "Alternative Contact" is anyone who either
- assists a Patient who is alive and has full mental capacity create and/or maintain a Medical Log, or
- creates and/or maintains a Medical Log for a Patient who either lacks full mental capacity or has died.
1.11 "Medical Log User" is any Patient or Alternative Contact who creates and/or maintains a Medical Log.
1.12 "Data User" is a consumer of the data collected in the Medical Log, including
- CHART staff and officers,
- users of our website, and
- researchers and medical professionals who have been authorised by CHART to access the raw data in a form that can easily be analysed.
1.13 "User Content" is information, data, files, text, data, graphics, photographs and illustrations that you send to us, post to our website or enter into the Medical Log.
1.14 "Content" means all content on this Website, including all CHART Content and all User Content.
2. Terms and Conditions
2.1 By accessing and using the Website, including using the Medical Log or consuming data collected from it, and including making donations to CHART with Charity Checkout or JustGiving, you are deemed to have understood and agreed to the T&C, as amended from time to time.
2.2 CHART may make changes to any part of the Website, the Content or these T&C. By continuing to use the Website you agree to be bound by any T&C amendments.
3. Information only, not advice
3.1 Except where it is otherwise expressly stated the Content is not intended to, nor does it, constitute medical, or other professional advice or service. The Content is provided on an information basis only and should not be relied upon.
3.2 The Content is intended only as means to gather and share knowledge and information. It is not intended as medical advice and is not intended to replace a one-on-one relationship with a qualified healthcare practitioner. CHART recommends that you seek independent medical advice from a qualified healthcare practitioner.
3.3 The Content is not an offer to treat any person for cancer, nor to prescribe any remedy for cancer, nor to give any advice in connection with the treatment for cancer
3.4 You agree that you will not interpret the Content as any form of offer to treat any person for cancer, or to prescribe any remedy, or advice about cancer treatment, and you will not make any public announcements, publications or claims that CHART Content contains or constitutes offers to treat patients or that it offers prescriptions or advice to patients about cancer treatments
4. Non-malicious use
4.1 You agree not to use the Website maliciously or with intent to do damage to CHART, the Website or other users.
4.2 You will not
- "hack" into the Website for the purpose of adding to or altering the content of the website or sending unsolicited emails (spam), transmitting any offensive or illegal content
- send spam to CHART via its email addresses, forms or by any other method
- deny service to other users or adversely affect their experience of the Website
- otherwise interfere with the general working of the site
5. Our copyright
5.1 Except as is otherwise indicated, CHART is the owner of the copyright in all the Content featured on this Website and of all related intellectual property rights, including but not limited to all database rights, trade marks, registered trade marks, service marks and logos.
5.2 You are permitted to download, print, store temporarily, retrieve and display Content from the Website on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal use or for internal use within your organisation.
5.3 You may download, store, parse, index, retrieve and display Content from the Website for the purposes of operating a search engine.
5.4 We are happy for you to copy, reproduce, republish, adapt, modify, download, post, broadcast the Content (except for logos, trade marks and service marks) or transmit it in any other way to anyone only if you
- keep the Content in tact
- clearly deliniate Content from your own
- acknowledge CHART (and other copyright owners, in the case of articles that we publish) as the source
- link back to our site
- make reasonable effort to keep the copied content current if we change the Website
- DO NOT do so for commercial gain
5.5 You may not copy, reproduce, republish, adapt, modify, download, post, broadcast CHART's logos, trade marks or service marks or transmit them in any other way to anyone, except as otherwise provided in the T&C or with CHART's explicit consent.
5.6 You may link and deep-link to this Website without our consent.
5.7 We will not permit the framing of our site within other Websites without our consent.
5.8 You must not express negative or critical comments and opinions about CHART on any non-CHART website unless you notify CHART, including the URL to your comments or opinions, at email@example.com within 1 hour of posting your comments or opinions. CHART reserves the right to require comments, opinions and links to be removed.
6. Your copyright
6.1 The following conditions apply to User Content you contribute.
6.2 You guarantee that your User Content:
- does not infringe any copyright, trade marks, rights of privacy/confidentiality, publicity or other intellectual property or other rights of any other person or entity
- does not contain any information about any person(s) under the age of 18 unless you are either their parent or legal guardian, or have signed permission from their parent or legal guardian
- does not contain malicious code, viruses or other harmful programmes or material
- does not violate any applicable law, statute, ordinance, rule or regulation, and
- in the case that you are not the owner of the User Content, that you have obtain all releases, consents and/or licenses necessary for uploading the User Content to our Website and for any subsequent use of that content by us in accordance with these T&C
7. Medical Log Users' obligations
7.1 These obligations apply to all Medical Log Users
- You will not use the Medical Log merely out of curiosity or to simply see how it works. If you're interested in using a "test version" of our application, please contact us and we'll be happy to assist you
- You will not use the Medical Log to upload false or misleading information
- You will not upload data about fictitious patients
- You will not give advice about therapies in the Medical Log text inputs about how any other patient should treat their cancer or use a particular therapy. Eg "I really recommend therapy X, it will no doubt help you in your fight against cancer" is NOT OK.
- You will not use the medical log to further your own objectives that are inconsistent with CHART's objective to sort effective cancer therapies from ineffective ones
- You understand that we may delete your Medical Log without notice if we have reasonable grounds to believe that you have broken any of the promises you made in these T&C
7.2 These additional obligations apply to all Patients. You will only craete and maintain a Medical Log if you
- Are genuine cancer patient seeking to contribute your data using our Medical Log for bona fide and honest purposes
- Have been diagnosed with cancer by one or more medical professionals at any time in the past
- You will not make claims in the Medical Log text inputs about any therapy except insofar as they relate to your experience in taking them. Eg "I found my energy levels increased when I took therapy X" is OK, but "my friend also took therapy X and it cured his cancer" and "therapy X is an energy booster" are NOT OK.
7.3 These additional obligations apply to all Alternative Contacts
- You will contribute the Patient's data using our Medical Log for bona fide and honest purposes
- You have checked and warrant to us that the Patient has been diagnosed with cancer by one or more medical professionals at any time in the past
- You will not make claims in the Medical Log text inputs about any therapy except insofar as they relate to the patient's experience in taking them. Eg "Bob reported that his energy levels increased when he took therapy X" is OK, but "our friend Fred also took therapy X and it cured his cancer" and "therapy X is an energy booster" are NOT OK.
7.4 These additional obligations apply to Alternative Contacts of patients who are alive and have full mental capacity
- You agree that as a Patient's Alternative Contact, in relation to the Medical Log you will serve the Patient, keep them informed about your work on their Medical Log, act on their wishes and be a faithful conduit of their information and decisions in relation to their Medical Log
7.5 These additional obligations apply to Alternative Contacts of patients who are either deceased or have lost full mental capacity. You promise to us and warrant that you
- are either a family member or the personal representative of the Patient, and
- have explained to the close family members of the Patient CHART's objectives, the purpose and consequence of creating a Medical Log for the Patient, and have received no substantial objection from any of them, and
- if in future any family member raises substantial objection to the creation or existance of the Patient's Medical Log, and it is not possible for you to address their concerns, that you either make the Medical Log private, or instruct us to delete the Patient's Medical Log
8. Data Users' obligations
8.1 Data Users must
- Not harm Patients in any way, especially where Patient's choose to share their identity along with their Personal Medical Data
- Not use Patients' data for any fraudulent, deceitful, malicious, unlawful or morally distasteful purpose
- Not use Patients' data to make claims about any therapy unless CHART has approved the analysis of Patient data that is being used for the promotion
- Respect Patients' treatment choices and not make unreasonably disparaging or negative remarks about them that aren't based on good science
- If a Patient chooses to publish their data anonymously, not try to find out the Patient's identity. And if a Data User does find out a Patient's identity, the Data User must not use it for any purpose, share it or publish it anywhere
- Stop using a Patient's data if the Patient or their Alternative Contact on the Patient's behalf, has "opted out" by choosing to stop sharing their Personal Medical Data publicly or by deleting their CHART account, and the Patient has asked the Data User to stop using their data. Data Users are obliged to remove such Patient data from any dataset that is currently in the process of being analysed, but which is yet to be published. However, Data Users are not obliged to remove Patient data from analysis or findings that have been completed prior to the Patient contacting them
- In all public fora and publications, not cite enough details of any particular patient's General Medical History to create a reasonable chance that someone who knew the patient well could identitify them
- Not contact Patients directly in any way, except through CHART, unless the Patient provides specific consent or initates contact directly with the Data User
- Make all research published using Patient data freely available on the internet, citing that the data used was sourced from CHART
9.1 For the purposes of this entire clause, "Website" and "Content" includes the Charity Checkout website, which CHART uses for collection of contact and payment details.
9.2 The Website and Content is provided "as is" and on an "as available" basis and CHART does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any of the Content. CHART has tried to ensure that all the Content provided on the Website is correct at the time of publication. No responsibility is accepted by or on behalf of CHART for any errors, omissions, or inaccurate Content on the Website. Further, CHART does not warrant that the Website will be uninterrupted or error free or that any defects will be corrected.
9.3 Although CHART attempts to ensure that the Content contained in this Website is accurate and up-to-date, we accept no liability for the results of any action taken on the basis of the Content it contains and all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these T&C to the extent that the law permits.
9.4 In no event will CHART be liable for any loss including, without limitation, indirect or consequential medical or health complication, or any damages arising from use of the Content, whether in contract, tort or otherwise, arising out of or in connection with the use of this Website.
9.5 Although the Website uses encryption security software to collect contact Medical Log, "Contact us" and payment details from you, and when CHART views contact details collected for us by Charity Checkout, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by person who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by you and in no event shall any such loss in whole or part be borne by CHART or Charity Checkout.
9.6 Whilst we use reasonable endeavors to protect this Website from computer viruses, worms, and Trojan Horses we do not warrant that the Website is free from such destructive features and accept no liability for any damage that may result from the transmission of any destructive feature via this Website or via any files which are available for you to download from the Website.
9.7 CHART shall not be held responsible for any breach of these T&C caused by circumstances beyond its reasonable control, including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
10. Links to other websites
10.1 The Website may contain links to other websites or web pages which are not owned or controlled by CHART. Those websites are for information purposes only and have not been reviewed or endorsed by CHART.
10.2 You should read all such websites or web pages independently and make your own assessment of their accuracy or applicability to your own situation.
10.3 We accept no responsibility for the content of such websites or web pages, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which this site is linked.
11. Warranty and indemnity
11.1 You warrant to CHART that you will not use the Website, the Content or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner.
11.2 You shall indemnify CHART, its employees and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against CHART, its employees and agents, as a result of your use of the Website, the Content or any part thereof for whatever purpose, to the fullest extent permitted by law.
12. Complaints or enquiries
12.1 If you have any enquiries or complaints then please address them to:
Cancer Healing And Research Trust
69 Harley Street
London W1G 8QW
12.2 We will endeavour to reply to your enquiry or complaint within 7 days.
12.3 If you are uncertain about anything in these Terms and Conditions please send an email to firstname.lastname@example.org, or write to us at the above address.
13.1 You agree to electronic communications and acknowledge that all contract, notice and other communication that we provide electronically complies with any requirement that they must be in writing.
13.2 If these T&C or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these T&C are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these T&C and the remaining T&C shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
13.3 If there is any conflict between these terms and conditions and specific terms appearing elsewhere on this Website relating to specific information then the latter shall prevail.
13.4 These T&C (including any specific terms appearing elsewhere on this Website as mentioned in 11.3 above) constitute the entire agreement between you and CHART and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between you and CHART.
13.5 If you do not agree to these T&C in full, you should immediately stop using the Website and any Content that you have obtained from CHART, and delete any copies of Content that you have control over.
13.6 Any failure of CHART to exercise or enforce any of its rights under these T&C shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
13.7 The T&C are subject to English law and to the exclusive jurisdiction of the English courts.