These terms and conditions (Rules) set out the terms for use of the Bupa Running Community (Community), operated by The British United Provident Association Limited (Bupa), which is registered in England and Wales (company number 00432511) with its registered office at 15-19 Bloomsbury Way, London WC1A 2BA. Any submission of material by you to the Community means that you accept, and agree to abide by, all the terms and conditions set out within these Rules.
The Rules supplement any third party terms and conditions that may apply to your use of the Community.
Moderation
The Community is fully moderated. Every contribution submitted to the Community (Contribution) will be checked by us for compliance with the content standards described below (Content Standards) before it is published. We will try to publish as many Contributions as we can but we cannot guarantee that all Contributions will be published. We reserve the right to reject and not publish any Contribution if we believe (in our sole discretion) that it does not comply with the Content Standards. We also cannot guarantee how quickly Contributions will be posted on the Community.
Although the Community is moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the Community or any other service we provide on our site and we may stop moderating the Community at any time. We reserve the right to remove, or to disable access to, any Contribution which we deem to be in breach of our Content Standards or these Rules after it has been published. We expressly exclude our liability for any loss or damage arising from the use of the Community by any person in contravention of these Rules.
Use of the community
When using the Community, you acknowledge that:
- the views expressed by any individual are those of the individual and do not necessarily reflect the views of Bupa;
- any medical advice or information posted on the Community should be regarded as general and not a substitute for professional medical advice. You should always seek specific medical advice related to your circumstances from your doctor;
- any advice given on the Community should not necessarily be accepted as true or correct and it is up to you to check the validity of any advice before you rely upon it if the consequences of doing so could be serious.
Minors
The Community is intended for use by individuals of 18 years of age or more. The use of the Community by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Community that it is important that they communicate with their children about their safety online. Minors who are using the Community should be made aware of the potential risks to them and of their obligation to comply with these Rules when using the Community.
Content standards
These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. Bupa will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
Data protection
If you are required to submit personal data to Bupa during the Community registration process, we will only use such data for administration and monitoring purposes and will not share your data with third parties unless legally required to do so. Please note that your name may appear as part of your Contribution once published.
Copyright
By submitting a Contribution to the Community, you agree to grant Bupa a non-exclusive licence to use that Contribution and to waive your moral rights. Although you will still own the copyright in your Contribution, Bupa will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution in any format and media. This licence will be free of charge, perpetual and capable of sub-licence. Bupa may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. We reserve the right to display advertisements in connection with your Contribution.
Please also note that, in accordance with the Content Standards, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Community, you are warranting that you have the right to grant Bupa the non-exclusive copyright licence described above. If you are not in a position to grant such a licence to Bupa, please do not submit the Contribution to the Community.
Breach of these rules
When we consider that a breach of the Content Standards has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these Rules constitutes a material breach of the terms of use on which you are permitted to use the Community, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Community.
- Immediate, temporary or permanent removal of any Contribution already posted on the Community.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
We are not under any obligation to oversee, monitor or moderate the use of the Community, and have no responsibility for:
- someone else breaching these Rules or for failing to take action in the event of them doing so; or
- failing to operate the Community or to publish information on the Community that you have posted.
We rely on individuals providing us with Contributions that are accurate and we make no warranty as to the accuracy of any information provided on the Community and do not accept any liability for errors or omissions.
We may stop operating the Community permanently or temporarily at our sole discretion at any time and without telling you before doing so.
Complaints
If you wish to complain about any Contribution posted to the Community, please contact us at running@bupa.com. When you submit a complaint, please (1) outline the reason for your complaint, and (2) specify where the Contribution you are complaining about is located. We reserve the right to request further information from you about your complaint before we process it. We will then review the Contribution and decide whether it complies with our Content Standards. We will deal with any Contribution which, in our opinion, violates our Content Standards as described above (see section “Breach of these Rules”). We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
Changes to these rules
We may revise these Rules at any time. Please check these Rules regularly as any changes are effective immediately upon posting to the site. Your continued use of the Community after posting will be deemed acceptance of the changes.
Governing law
These Rules are governed by and construed in accordance with English Law. If any part of these Rules is deemed unlawful, void, or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.
Dated: 5 May 2011
