Terms and Conditions

Terms and Conditions for use of the Smokefree Resource Centre Website

“Smokefree” is a public health campaign initiated and supported by the Department of Health. The Smokefree Resource Centre Website www.smokefree.nhs.uk/resources (“the Website”) is owned and operated by the Department of Health.

Your use of the Website is subject to these terms and conditions (the Terms). By using the Website, you understand that you will be deemed to have accepted and agreed to be bound by the Terms therefore it is important that you read the Terms carefully.

Any reference in the Terms to “you” or “your” means you as a user of the Website.

Any reference in the Terms to “us” and “our” refers to the Department of Health.

The Department of Health’s Privacy Policy (Privacy Policy) found at http://www.dh.gov.uk/en/Privacypolicy/DH_4110944 shall apply to your use of this Website.

The Website specifies how you can use the Smokefree brand, brand materials and resources and you shall not use the Smokefree brand, brand materials and if a) you are not of legal age to form a binding contract with the Department of Health, or b) you are a person who is barred or otherwise legally prohibited from receiving or using these materials.

You may wish to print and/or save a downloaded copy of the Terms on your computer for your reference.

We may make changes to the Terms from time to time. We will post the updated Terms on the on the Website and they will take effect immediately or on a date which is stated in the posting or in a notice we send to you. Where we do not communicate to you an alternative dated then the updated Terms will take effect immediately. Your use of the Website after the changes to the Terms take effect shall signify your acceptance of the updated Terms. You are responsible for regularly viewing these Terms as may be updated from time to time. If you disagree with the changes that are made to these Terms, you may simply terminate your use of the Website as provided below.

I. Creating an account

Collection and use of personal information

1. Personal Information is information that you provide when registering for a Smokefree Resource Centre account via the Website. The Smokefree Resource Centre may collect this through your completion of a registration form. Your Personal Information will be collected, processed, stored and used by the Department of Health and passed to and processed by the Department of Health and other data processors acting under our control, in order to help us provide services, to provide customer support and for other purposes described in the Privacy Policy.

2. We shall collect and use any personal information you give to us in accordance with the Privacy Policy and the Terms. We shall not disclose your personal information to any third parties without obtaining your prior consent unless we are required by law to do so. In particular:

a. When completing the registration form, you will have an option to submit Personal Information, including address and postcode, email address, job title and organisation. By submitting this information, you consent to the Department of Health using it for the purpose of offering you a personalised response from Smokefree or any other relevant campaigns or additional information you request (as you choose) by email.

b. From time to time, the Department of Health may wish to use the information you submit for research purposes or producing statistics. With your permission, academic institutions may occasionally use our data in relevant studies. In these instances, we shall inform you in advance and you will have the choice to opt out of the study. The information that is used will be made anonymous and will be confidential.

4. The Department of Health and any third parties acting under our control may use your Personal Information (including demographic data) to personalise the content, advertising and promotions you receive and our communications with you. We may also use cookies – small files of data which may be automatically stored on your computer’s hard drive when your web browser accesses certain web pages. Cookies enable us to provide a better service to you. More information about how we (and third parties) may use cookies and similar technologies (and how to opt out of receiving them) is provided in the privacy policy.

5. If you wish to opt-out of receiving Smokefree communications, or any further communication from the Department of Health, please email the Smokefree team on smokefree@dh.gsi.gov.uk at any time.

6. For further information, see clause 8 below.

II. Your Responsibilities

You are responsible for all access to the Website using your internet connection, even if the access is by another person.
You are responsible for compliance with the Terms in your use of the Website. You may use the Website and the Smokefree Resource Centre for lawful purposes only. You may not submit, download or transmit any material (including User Generated Content), or otherwise engage in any conduct that actively causes, could cause or is intended to:

breach any person’s rights including, without limitation, copyright, patent rights, trade mark rights, performer’s rights, rights of confidence and/or remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;

is unlawful, offensive, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;

victimise, harass, degrade, or intimidate an individual or group of individuals including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

impersonate any person, business or entity, including Smokefree or the Department of Health and its employees and agents or express or imply that we endorse any statement you make;

introduce viruses, worms, Trojan horse or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or computer network;

interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulation of such networks;

encourage conduct that would constitute a criminal offence, or that gives rise to civil liability;

promote or sell prohibited items including but not limited to lotteries, betting or wagering activities, ammunition, firearms, tobacco, alcohol, adult products and services, and explosives;

violate these Terms, acceptable usage guidelines or any Department of Health policy posted on the Website;

unjustifiably interfere with others’ use of the Website;

Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;

frame or mirror any part of the Website without our express prior written consent;

the creation of a database by systematically downloading and storing Website content; and/or

any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, the Department of health grants the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website and the Smokefree Resource Centre. You may not attempt to gain unauthorised access to any part of the Website, user accounts, computer systems or networks, through hacking, password mining or any other means. We may use any technical and other legal remedies available to us to prevent any breach of, or to enforce these Terms.

III. Smokefree brand and resources

The campaign branding materials/resources obtained via the Website must not be used for commercial or lobbying purposes. The campaign branding materials/resources must not be used in a way that implies that the DH endorses any product or services in any way without our prior written consent or where there is a formal written agreement in place to this effect.

The Smokefree brand, brand materials and resources are provided by the Department of Health to enable partners to create their own Smokefree marketing materials and/or run their own activity.

The brand materials comprise the brand and design guidelines, the ‘Smokefree’ logos, the campaign typefaces, primary and secondary colours, images and illustrations. The resources include hard copies of leaflets, posters and other collateral, downloadable guidance and artwork. Acceptance of the Terms gives you access to the brand materials and resources.

Access to and use of the brand materials and/or resources is permitted to users on the following terms which for avoidance of doubt are hereby incorporated in the Terms.

By registering with the Smokefree Resource Centre, as outlined above, you agree to be bound by these Terms, which shall take effect immediately on your first use of the brand materials and/or resources. If you do not agree to be bound by all of the following terms please do not access and/or use the brand materials/resources. You understand and agree that the Department of Health will treat your use of the Smokefree brand, brand materials and resources as acceptance of the Terms from that point onwards.

2. Your Responsibilities

As part of Smokefree, you agree to:

Amplify and extend awareness of the Smokefree campaign messages through your own activity;
Contribute your unique expertise to the successful development and delivery of the Smokefree campaign;
Support us, on our request, with feedback or case studies of your campaign activity;
Operate in accordance with best practice guidelines or codes of conduct as outlined by the relevant industry bodies, trade associations or professional institutions to which you belong or by which your trade/sector is governed;
Support the behaviour change goals of the Smokefree campaign, specifically advising and supporting people to quit smoking and to promote the free NHS support available; and
Accept that being part of the Smokefree campaign by no means entitles you to claim that the Department of Health is responsible your product.

3. Conditions of use of the brand materials/resources

You are entitled to use the brand materials/resources provided you:

read and STRICTLY follow the brand guidelines provided;
acknowledge and accept that the Department of Health owns and retain all rights to a campaign idea, brand and set of creative assets, including key campaign messages which incorporate the Smokefree brand, brand materials and resources;
do not bring the Smokefree campaign into disrepute
accept that should disputes arise concerning compliance with the Smokefree campaign terms for local partners and supporters, the brand guidelines, appropriate use of brand/messaging or your association with the campaign these will be adjudicated by the Department of Health which will have final jurisdiction. If DH requires you to cease your involvement in the campaign, you shall do so with immediate effect;
ccknowledge and accept that all materials produced by the Department of Health and your campaign idea, brand and set of creative assets, including key campaign messages are assigned to (as the case may be) or owned by the Department of Health and are subject to Crown copyright, trade mark rights and other intellectual property rights of the Department of Health and/or its licensors. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of the Department of Health , and permission to use these creative assets is given only on condition that the Terms are adhered to strictly. The Department of Health reserves all rights not expressly granted in and to this content. The Department of Health licenses and grants you the non-exclusive, royalty free right to use, adapt, publish and display the Smokefree brand, brand materials/resources, campaign idea, brand and set of creative assets, including key campaign messages strictly in accordance with these Terms and limited temporally to the length of time of your campaign only.
whilst it is permissible for agencies to charge their clients (with prior agreement) for practical work in resizing and amending the assets in the ways set out below, NO agency may charge its client for the intellectual property of the creative itself.
agree that Artwork files can be resized according to local bookings and requirements.
agree that logos and ‘call to action’ text such as phone and text numbers can be adapted to suit local requirements.
agree that the main headline ‘Your local NHS Stop Smoking Service. Surprisingly good at helping you quit’ has been researched and approved by the DH Tobacco Policy team and should not be altered.
agree that the line ‘9 out of 10 smokers who have used us, would recommend us’ has been researched and approved by the DH tobacco Policy Team and should not be altered.
agree that the rallying line ‘Because life’s better smokefree’ has been researched and approved by DH tobacco policy Team and should not be altered. This line should only ever be used as a sign-off after a call to action.
will avoid changing body copy where possible – unless specific local information needs to be incorporated.
acknowledge and agree that where you do not act within these guidelines, you will not have Smokefree campaign artwork released to you in the future.
agree that DH reserves the right to withdraw the Smokefree branding from any materials which do not follow the brand guidelines.
The Smokefree brand, brand materials and resources are provided without warranties of any kind and your use of them is at your sole risk. In particular, the Department of Health does not warrant or represent to you that;

i. Your use of the Smokefree brand, brand materials and resources will meet your requirements;

ii. Any information obtained by you as a result of your use of the Smokefree brand, brand materials and resources will be accurate and reliable;

iii. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Smokefree brand, brand materials and resources except to the extent that they are expressly set out in these Terms.

iv. Any misuse of the Smokefree brand, brand materials and/or resources or any breach of these Terms by you shall give the Department of Health the right to terminate your use of the Smokefree brand with immediate effect, at which point you shall cease using the Smokefree brand, brand materials and resources in any manner whatsoever and whether or not any campaign containing such materials is currently in-market, or about to go in-market.

4. Changes to the Smokefree Resource Centre

We may change or discontinue the Website or any of its features at any time without notice. We may impose general operating rules for the use of the Website and the Smokefree Resource Centre. For example, we may establish limits on storing, uploading or downloading any data or impose “time outs” if you idle on the Website.

5. No spam

You may not use the Smokefree Resource Centre or any communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any technical and other legal remedies available to us to prevent unsolicited bulk communications from entering, utilising, or remaining within networks.

6. Content

With the exception of content submitted by you save where expressly stated otherwise in these Terms, the ownership in all content on the Website is the property of the Department of Health, and/or its licensors and is subject to copyright, trademark rights and other intellectual property rights of the Department of Health and/or its licensors. Any third party trade or service marks present on the Website not uploaded or posted by you are trade or service marks of their respective owners. Such content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of the Department of Health or, where applicable, its licensors. The Department of Health reserves all rights not expressly granted in and to the Website. You may only use the Website for personal, non-commercial purposes and in accordance with the Terms and any others, which you may be notified of in relation to specific Smokefree Resource Centre Web Content. You may not circumvent any mechanisms for preventing the unauthorised reproduction or distribution of the content of the Website.

7. Our liability to you

The use of the Website provided without warranties of any kind and is at your sole risk. The Department of Health will, however, use reasonable skill and care to provide and maintain the availability of the Website. The Department of Health expressly excludes any warranty, representation or undertaking that you will be able to access or use the website at times or locations of your choosing. The Department of Health depends upon third parties over which it may have little or no control for the operation of the Website and the Smokefree Resource Centre (for example, to deliver emails sent to and from internet addresses). The Department of Health is not liable for deletion, corruption or failure to store any email messages or other content. The Department of Health does not warrant that the Website will be free from any virus, worm, Trojan horse or other malware or device intended to access and modify, delete or damage data files or computer programs. The Smokefree Resource Centre is a stakeholder service and not designed to be used by you in connection with the conduct of your, or your employers’ or contractors’, commercial activities. If you choose to do so, it is entirely at your own, and your employer’s or contractor’s, risk.

a. In particular, the Department of Health does not warrant or represent to you that:

i. Your use of the Website or Web Content will meet your requirements;

ii. Your use of the Website will be uninterrupted, timely, secure or free from error;

iii. Any information obtained by you as a result of your use of the Website will be accurate or reliable

iv. That defects in the operation or functionality of any software provided to you will be corrected.

v. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website except to the extent that they are expressly set out in the Terms.

b. The Department of Health shall not be liable for any loss incurred by you, nor for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused, arising from your use of the Website or for any other claim related in any way to your relationship with Smokefree. The Department of Health does not endorse, warrant or guarantee any product or service offered by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and such a third party. We shall not be liable for any failure or delay in performance of our obligations under these Terms caused by matters beyond our reasonable control.

c. Except expressly stated to the contrary in these Terms, the Department of Health shall not be liable to you for;

i. Any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly; any loss of goodwill or business reputation; any loss of opportunity; or any loss of data suffered by you.

ii. Any loss or damage which may be incurred by you as a result of;

Any reliance placed by you on the completeness, accuracy or existence content on the Website,

Any changes which the Department of Health may make to the content of the Website, or for any permanent or temporary cessation in the provision of the Website(or any features within the Website);

The deletion of, corruption of, or failure to store, any content of the Website and other communications data maintained or transmitted by or thorough your use of the Website;

Your failure to provide the Department of Health with accurate account information;

Your failure to keep your password or account details secure and confidential.

d. Notwithstanding anything stated in these Terms, nothing in the Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations herein are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

8. Indemnification

You agree to defend, hold harmless and indemnify the Department of Health against all liabilities, claims and expenses, including reasonable legal fees that arise from any infringement of third party intellectual property or other rights resulting from any breach of these Terms for which you are responsible. The Department of Health reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for the Department of Health in that matter.

9. Termination

Save as otherwise expressly provided in any additional terms governing the use of specific services provided by the Smokefree Resource Centre, we do not charge you for use of the Smokefree Resource Centre, and as a consequence, we may cancel or suspend your use of the Smokefree Resource Centre at any time, without cause and without notice.

If following an opt-in you wish to terminate your relationship with the Smokefree Resource Centre you may email the Smokefree team on smokefree@dh.gsi.gov.uk

10. Disputes, comments and complaints

If you have a comment or complaint about Smokefree or the Smokefree Resource Centre, please contact us.

11. Notices

a. You agree that we may send to you in electronic form any notices, disclosures, reports, documents or other communications relating to the Smokefree Resource Centre (collectively, “Notices”) or other relevant campaigns . We can send you Notices

i. to the email address that you provided to us during registration for this purpose, or

ii. by posting the Notice on the Smokefree Resource Centre.

b. Any Notice from us shall be deemed effective the day it is sent or posted by us.

12. Jurisdiction and choice of law

These Terms are governed by the laws of England and Wales. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of these Terms. Notwithstanding this, you agree that the Department of Health shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

If any court of law, having jurisdiction to decide on any matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

13. Severance

The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of the Terms.