User Policy

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORMS

What’s in these terms?

These terms tell you the rules for using: 

as well as any and all content, information and materials provided within each platform and the marketplace (our platforms).

  1. Who we are and how to contact us

The platforms are provided to you by the Disabled Living Foundation (DLF, we, us or our), which is a part of the Shaw Trust Limited, a registered charity under English charity number 287785 (Scottish charity number SCO39856) and company number 01744121, with a registered address of Black Country House, Rounds Green Road, Oldbury, England, B69 2DG. 

We are an organisation that helps older and disabled people find equipment solutions that enable them to lead independent lives. Our platforms provide information and resources for potential users of assistive technology (and their families and friends), but also healthcare professionals who advise clients with regard to assistive technology, and people who work in the assistive technology industry.

To contact us, please email enquiries@dlf.org.uk, telephone our customer service line on 0300 123 3084, or write to us at DLF c/o The Shaw Trust, Black Country House, Rounds Green Road, Oldbury B69 2DG.

  1. By using any of our platforms, you accept these terms

By using any of our platforms, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use any of our platforms.

We recommend that you print a copy of these terms for future reference.

  1. We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use one of our platforms, please check these terms to ensure you understand the terms that apply at that time. 

  1. We may make changes to our platforms

We may update and change our platforms from time to time to reflect changes to our services, our users’ needs and/or our legitimate priorities. We will try to give you reasonable notice of any major changes.

  1. We may suspend or withdraw our platform

We do not guarantee that our platforms, or any content on our platforms, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our platforms for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our platforms through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  1. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our platforms are directed to people residing in the United Kingdom. We do not represent that content available on or through our platforms is appropriate for use or available in other locations.

  1. You must keep your account details safe

Where you are required to register and login to use one of our platforms, you must treat your login information, including your username, email address and password, confidential. You must not disclose this information to any third party.

We have the right to disable any login information, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your login information, you must promptly notify us using the contact details set out in paragraph 1.

  1. How you may use our platforms and the material on our platforms

We are the owner or the licensee of all intellectual property rights in our platforms, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off, and may download extracts, of any page(s) from our platforms.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.

Our status (and that of any identified contributors) as the authors of content on our platforms must always be acknowledged.

You must not use our platforms or any part of the content on our platforms for commercial purposes, unless you, or the organisation you represent, has obtained a licence to do so from us and/or our licensors.

Unless you have obtained a licence from us to do so, you shall not link your website (or any website you operate or control) to any webpage on our platforms other than to https://livingmadeeasy.org.uk/ (please see paragraph 19). If we discover that you are linking to any other webpage then, without prejudice to any other action that we may chose to take, we may restrict your ability to access our platforms. 

If you print off, copy or download any part of our platform in breach of these terms of use, your right to use our platform(s) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. The information on our platforms

The content on our platforms is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our platforms.

Although we make reasonable efforts to update the information on our platforms, we make no representations, warranties or guarantees, whether express or implied, that the content on our platforms is accurate, complete or up to date.

We are provided with information by manufacturers and distributors of various products. We are not responsible for this information or for any of the claims, representations, warranties or guarantees that such manufacturers or distributors make in relation to such products. If you wish to discuss this information or any such claims, representations, warranties or guarantees, we kindly ask that you contact the relevant manufacturer or distributor identified in the product information. 

  1. We are not responsible for websites we link to

Where our platforms contain links to other websites, platforms or resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or platforms, or any information you may obtain from them.

We have no control over the content of those websites, platforms or resources.

  1. User-generated content is not approved by us

The platforms may include information and materials uploaded by other users of those platforms.  This information and these materials have not been verified or approved by us. The views expressed by other users on our platforms do not represent our views or values.

  1. How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us using the contact details set out in paragraph 1.

  1. Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user (i.e. the organisation you represent has obtained a licence to use our platform(s)):

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and/or for fraud or fraudulent misrepresentation.

If you are a business user (i.e. the organisation you represent has obtained a licence to use our platform(s)):

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our platforms or any content on them.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our platforms; or
    • use of or reliance on any content displayed on our platforms.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • You agree not to use our platform(s) for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you wish to use any of our platforms in this manner then you, or the organisation you represent, must obtain a licence to do so from us and/or our licensors.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. 
  1. How we may use your personal information

We will only use your personal information as set out in our applicable Privacy Policy.

  1. Uploading content to our platforms

You may not use any of our platforms:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in paragraph 16.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reverse engineer, reproduce, duplicate, copy or re-sell any part of our platforms.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our platforms;
    • any equipment or network on which our platforms are stored;
    • any software used in the provision of our platforms; or
    • any equipment or network or software owned or used by any third party.
  1. You are solely responsible for securing and backing up your content.

Any content you upload to our platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our platforms constitutes a violation of their intellectual property rights, or of their right to privacy

We also have the right to disclose your identity to the police or any law enforcement agencies in the event that any materials you upload do not comply with the content standards set out in paragraph 16.

  1. Our content standards

These content standards apply to any and all material which you contribute to our platforms (Contribution).

These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches these content standards.

A Contribution must:

  • be accurate (where it states facts);
  • be genuinely held (where it states opinions); and
  • comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • be defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • bully, insult, intimidate or humiliate;
  • promote sexually explicit material;
  • include child sexual abuse material;
  • promote violence;
  • promote discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trademark of any other person;
  • be likely to deceive any person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal content or activity;
  • be in contempt of court;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • impersonate any person or misrepresent your identity or affiliation with any person.
  • give the impression that the Contribution emanates from DLF;
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
  • contain any advertising or promote any services or web links to other platforms.

Breach of these content standards

You warrant that any Contribution you make shall comply with these content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

When we consider that a breach of these content standards has occurred, we may take such action as we deem appropriate.

Failure to comply with these content standards constitutes a material breach of these terms, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our platform;
  • immediate, temporary or permanent removal of any Contribution uploaded by you to our platform;
  • 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; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
  1. Rights you are giving us to use material you upload

When you upload or post content to our platforms, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, and display any user-generated content in connection with the provision of such platform.

  1. We are not responsible for viruses and you must not introduce them

We do not guarantee that our platforms will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our platforms. You should use your own virus protection software.

You must not misuse our platforms by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. 

You must not attempt to gain unauthorised access to our platforms, the server on which our platforms are stored or any server, computer or database connected to our platforms. 

You must not attack our platform(s) via a denial-of-service attack or a distributed denial-of service attack. 

By breaching this paragraph 18, 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 platform(s) will cease immediately.

  1. Rules about linking to our platforms

You may link to the home page found at https://livingmadeeasy.org.uk/ provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to https://livingmadeeasy.org.uk/ in any website that is not owned by you.

Our platforms must not be framed on any other platforms, nor may you create a link to any part of our platforms other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the Content Standards set out in paragraph 16.

If you wish to link to or make any use of content on our platforms other than that set out above, please contact us using the contact details set out in paragraph 1.

  1. Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

  1. Our trademarks are registered

Living Made Easy is a registered trademark of Shaw Trust Limited and you are not permitted to use it without our written approval.

 

Living Made Easy Marketplace Vendor Portal Policy (“DLF Vendor Portal”)

The DLF Vendor Portal has been developed by us to allow manufacturers and retailers to amend, add and remove product and retailer information from our Living Made Easy information and advice platform which includes DLF ProAssist and AskSARA.

The products we include are assistive technology solutions (aids and adaptations to independent living) that might help older and disabled people to carry out activities of daily living. Do talk to us if you think that there are products or categories of useful products missing from our platform.

  1. We generally do not include prescribed medicines or medical equipment, so for example, blood pressure monitors are classed as medical equipment, but a talking blood pressure monitor designed for personal use would be included, as this could be useful for a person who is blind or partially sighted. 
  2. Information must be updated as a minimum within two years or it will be archived, regular updating is encouraged and rewarded as part of the algorithm determining the ranked order of presentation. 

Products are only published if they can be purchased by UK residents in GBP and supported within the UK. If you are launching a new product it will need to be available for purchase before it can be listed. 

If you are the sole distributor of a product you can request the removal of other retailers listed as supplying the product(s) provided that we have been provided with evidence of your sole distributor rights.

Last Updated 30/03/2022


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