Terms & Conditions
Information about Us
www.healthwatchbirmingham.co.uk is a site operated by Healthwatch Birmingham.
Healthwatch Birmingham (Registered England, Company Registration No: 08440757), Cobalt Square, 83 Hagley Road, Birmingham, B16 8QG.
1.1 Terms of Website Use
- Terms for access to and use of the Healthwatch Birmingham feedback facility under which you can review or comment on individual Health and Social Care services, such as GPs or hospitals, or comment on articles, are set out in the ‘Editorial Control’ and ‘Online Conduct’ sections below. If you agree to be legally bound by those terms you may use the feedback facility. If you do not agree to be legally bound by those terms please do not use the facility to post messages.
- The ‘Leave review’ feature available on Healthwatch Birmingham allows you to comment on the service you, a friend or a family member, received. This is not a formal complaint procedure and if you wish to make a complaint please contact the provider directly or contact Healthwatch Birmingham for information. The providers are not obliged to respond to comments through our service.
Accessing Our Site
Healthwatch Birmingham website is maintained for your personal use and viewing. Access and use by you of this site constitutes your acceptance of our Terms and Conditions. We reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Reliance of information posted and disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
1.2 Healthwatch Birmingham Feedback Centre disclaimer
- Healthwatch Birmingham reserves the right to remove a review at any time for any reason.
- The reviews posted are individual and subjective opinions.
- The opinions expressed in reviews are those of the public and not of Healthwatch Birmingham.
- We do not endorse any of the opinions expressed by reviewers. We are not affiliated with any third-party establishment listed on this website.
- Healthwatch Birmingham recommends that visitors to the website use the information provided alongside other sources including the Care Quality Commission, NHS Choices and local service information listings.
- All original reviews, approved or otherwise, are archived in a secure database for reference.
Feedback Centre Moderation and Publishing Policy
Reviews of services via the Healthwatch Birmingham Website Feedback Centre will only be published to the live Feedback Centre once they have been moderated and approved by Heathwatch Birmingham. Any approval or rejection of reviews will send an automated email to the reviewer alerting them of the moderator’s decision. Any alterations or suggested alterations made by Healthwatch Birmingham to visitor reviews will be communicated directly to the reviewer before publishing by email.
Before approving a review, it must:
- Be for an appropriate service– The review must be for a relevant health and social care service in Birmingham, ideally from our list of providers.
- Not include any specific names or dates – The names of healthcare professionals, particularly if the review is a complaint, must not be publicly disclosed online. Any other confidential personal information, like dates of birth or dates of appointments must be removed.
- Not be part of an ongoing investigation – If the review is a complaint that is currently being investigated, it cannot legally be made public until the investigation is concluded. Then the reviewer can be contacted and asked if they would still like to upload their review.
- Be family-friendly– No profanity, threats, prejudiced comments, hate speech, sexually explicit or overly graphic descriptive language, or other content that is not appropriate for our community.
- Not be libellous, slanderous or defamatory – Serious accusations or allegations (including a severe failure in care, neglect, abuse or safeguarding issue) must be investigated prior to approval to ensure they are not unfounded. Once investigated, any issue that would trigger a safeguarding alert is to be forwarded to the relevant safeguarding body (i.e. Police, Adult Social Care).
- Not be from a member of staff or employee of the organisation – our Feedback Centre is only for member of the public who are service users or patients, or for friends and family members of service users or patients, to share their experiences of local health and social care services. Reviews identified as whistleblowing from members of staff (current or ex members of staff) at the service will not be published. Relevant information about whistleblowing and raising concerns will be issued.
- Be age approved – No reviews by children or young persons under the age of 18 can be submitted without parental/carer consent.
- Be complemented by a valid e-mail address – The e-mail address must be correct as there may be a need to contact the reviewer if there is a problem with the review and/or further information is required.
1.3 Intellectual Property Rights
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.
Healthwatch Birmingham copyright protected material may be reproduced free of charge or copied to others in any format or medium for research, private study or for internal circulation within an organisation. This is subject to the material being reproduced accurately and not used in a misleading context. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Where any of the Healthwatch Birmingham copyright material on this site is being republished or copied to others, the source of the material must be identified and the copyright status acknowledged.
Permission to reproduce the Healthwatch Birmingham material does not extend to any materials on this site is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
1.4 Use of the Healthwatch Logo
We are licensed by Healthwatch England to use the Healthwatch logo. Healthwatch England only allows those organisations which it has licensed to use the Healthwatch logo.
The Healthwatch logo is a registered trademark and is protected under trademark law. The use of the Healthwatch logo without permission of Healthwatch England constitutes an infringement of its trademark.
1.5 Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and whilst we will endeavor to ensure information is up to date we are under no obligation to do so.
1.6 Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
- and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
1.7 Information about You and Your visits to Our site.
1.8 Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.
We make every effort to check and test material at all stages of production. It is always wise for you to run an anti-virus program on all material downloaded from the internet.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
1.9 Links from Our site
Although we will endeavor to maintain links to other websites, we cannot guarantee that these links will work all the time and we have no control over the availability or reliability of linked pages.
2.0 Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
2.2 Your Concerns
If you have any concerns about material which appears on our site, please contact email@example.com
2.3 Amendments of Terms
We may make changes to Healthwatch Birmingham, including these terms, at any time. You will be legally bound by the updated or amended terms from the first time that you use Healthwatch Birmingham after we put the changes online.
2.4 Editorial Control
3.1 We reserve the right (on behalf of ourselves and any moderator which we may appoint) to edit, not put on the website or delete any posts you submit.
2.5 Online Conduct
a.Postings should relate to your own personal experience. You should not name any individuals (other than yourself) or include information through which someone else could identify such an individual.
If you want to comment on someone else’s experience, (e.g. a relative or someone you care for) then you may do so if you ensure that you are not named in the posting and you state how the other person is connected to you (e.g. “my father”).
b.Postings should be relevant to helping people make choices about places where they can receive medical treatment. Postings should be constructive, truthful, and not abusive.
c.You should not use your feedback to make complaints about individual hospitals, GP practices or treatment centres, if you wish the matter to be dealt with under the NHS complaints procedures.
d.If you find any postings offensive or objectionable you may make a complaint to the moderator at firstname.lastname@example.org
e.Postings made to the feedback platform on Healthwatch Birmingham will not be treated as confidential due to the nature of the online platform, which is to share information and gain feedback.
f. You are legally responsible for the content of any material you submit for posting on healthwatchbirmingham.co.uk.
g, Any comments solicited by service providers or a related party are not permitted. Service providers should never post comments on behalf of patients, their friends or family members.
h. Any comments solicited by service providers or a related party are not permitted. Service providers should never post comments on behalf of patients, their friends or family members.
i. You can comment anonymously if you wish. You should respect the anonymity of other patients and staff at the service you are commenting on by not using their names.
j. Whether you are speaking for yourself, a friend or a family member, do not name the individuals you are talking about. If you are making a comment on another person’s behalf, it is best instead to talk of ”my husband” “my uncle” and so on to protect their privacy.
k. To protect your privacy any information you contribute that reveals personal information, such as names, phone numbers, email addresses, twitter handles, addresses and so on will be removed.
l. Where there are postings that are part of a current, formal complaints procedure we will consider the impact of publishing them on the site.
m. If we are concerned that the author of a posting may be vulnerable, we will take appropriate action to protect that person. This may include signposting the person to an appropriate organisation for support, not publishing the postings or, in the most serious cases, we may contact the appropriate authority.
Governing law and jurisdiction
4.1 This Agreement will be governed by the laws of England & Wales and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
Current court cases and court injunctions
Contempt of court rules mean you cannot make comments that could prejudice the outcome of a court case or General Medical Council hearing. Comments on something that subsequently becomes the subject of a court case or hearing will also be removed if they risk being in contempt of court. Contributions that break a court injunction will be removed.
Clinical negligence or criminal activity
Specific accusations of clinical negligence in which an individual is identified will not be published. If you have an allegation of clinical negligence by a particular clinician please use the NHS complaints procedure. Accusations of specific criminal activity will not be published. If you believe that criminal activity is or has taken place at any NHS organisation please contact the police or the organisation directly.
Defamation is a complex area. Defamation may occur when someone makes a statement that damages a person’s reputation. The law allows you to post comments containing your honestly held opinion. Knowingly posting untrue statements is against the law. Comments deemed to contain defamatory statements will be removed.
This definition is not to be regarded as a statement of the law nor should it be relied upon to make any judgement as to whether content is potentially defamatory. It is up to you to decide whether to take specific legal advice.
Comments containing threats of public fear, terrorism or threats towards any individual are not permitted.
Your Legal Responsibility
You are legally responsible for the content of any material you submit for posting on Healthwatch Birmingham. If Healthwatch Birmingham suffer any loss or damage as a result of your contributions, whether this loss arises as a result of us being subject to legal action or otherwise, you agree to indemnify us for our loss or damage and legal expenses.
Last updated: August 2016.