Terms of Use

Terms of Use

These terms apply to your use of the ELF Connect platform. Please read them carefully before you create an account, as they set out important information about your and our rights and obligations.

You must agree to these terms before you create your account.

You must be at least 18 years old to create an account on the ELF Connect platform.

Your attention is particularly drawn to clause 17 (Our responsibility to you) of these terms, which sets out important limits and exclusions of our liability to you.

About us

We are European Lung Foundation (ELF), a company limited by guarantee registered in England and Wales under company number: 05718525. Our registered office is at: 442 Glossop Road, Sheffield, S10 2PX.

How to contact us

You can contact us by sending an email to info@europeanlung.org.

These terms

3.1 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to European Lung Foundation (ELF), and any reference to ‘you’ or ‘your’ is to the person creating an account on the ELF Connect platform.

3.2 We may make changes to these terms at any time. However, the terms which apply to your use of the ELF Connect platform will be those in force at the time youcreated your account, unless we notify you of changes in accordance with these terms.

3.3 Please print out or save a copy of these terms and any emails from us for yourrecords, as we will not save or file a copy for you. These terms are only available in English.

3.4 Your use of our website is governed by our Website Terms of Use, which are separate from these terms and available at [insert link].

Your Account

4.1 To access the ELF Connect platform, you must create an account by completing the registration process.

4.2 By completing the registration process and accepting these terms, you are entering into a legally binding contract with us for access to and use of the ELF Connect platform.

4.3 We will send you an email confirming that your account has been created. Your account gives you access to the digital content and services available on the ELF Connect platform.

4.4 We reserve the right to refuse to create an account for you or to suspend or terminate your account at any time if we reasonably believe that you are in breach of these terms, you are under 18, or for any other reason at our discretion. If we refuse, suspend or terminate your account, we will notify you by email using the details you provided during registration.

Availability

5.1 We cannot guarantee that the ELF Connect platform or any digital content will be available at any given time, or that access will be uninterrupted, error free or secure. For example, access may be temporarily unavailable while we carry out maintenance or for other technical reasons.

5.2 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing the ELF Connect platform or certain digital content. If this happens, we will notify you by email.

Changes to your account

If you would like to make any changes to your account details, you can do so by logging into your account or by contacting us.

Descriptions and technical requirements

7.1 Descriptions of the digital content and services available on the ELF Connect platform are set out on the platform.

7.2 To access and use the ELF Connect platform, your device needs to comply with the minimum technical requirements set out on the platform. Please read these carefully as you are responsible for making sure that your device meets these requirements.

7.3 You will need internet access to use the ELF Connect platform and you are responsible for any charges you may incur in connection with your internet access.

7.4 We are not liable to you if you are unable to access or use the ELF Connect platform due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.

AI-assisted search function

8.1 The ELF Connect platform includes a search function which enables you to search our library of information provided by ELF and resources shared from trusted partners. This search function is supported by an artificial intelligence (AI) instance.

8.2 When you use the search function, the queries you submit are processed by an AI instance in order to identify and present relevant resources from our library. The search queries you submit are not used to train the AI instance.

8.3 Search results are generated by the AI instance using ELF’s curated library of resources. The AI instance retrieves and presents existing resources from that library rather than creating original content, and the results are not individually reviewed by ELF before they are presented to you.

8.4 Because search results are generated by an AI instance, they may not be comprehensive, accurate or up to date, and the selection or order of results may vary. Further information about the limitations of AI-generated search results, and the basis on which they are provided, is set out in the clause below headed ‘Our responsibility to you’.

Community feature

9.1 The ELF Connect platform includes a community feature that allow users to interact with each other (the ‘Community Feature’). Your use of the Community Feature is subject to the rules set out in this clause and in the ELF Connect Community Guide, which is available at https://elfconnect.eu/community-guidelines/

9.2 Users registered as ELF representatives or healthcare professionals (‘Professionals’) may post content, create polls, upload images, reply to posts, comment and react (such as liking content). Users registered as patients (‘Patients’) may view and comment on posts, reply to comments and react to content, but may not create original posts or polls.

9.3 You are solely responsible for any content you post, upload or share through the Community Feature (‘User Content’). By posting User Content, you grant us a non-exclusive, royalty-free, worldwide licence to use, display, reproduce and distribute such content in connection with the operation of the ELF Connect platform. You should not share any personal information (whether about yourself or others) that you do not wish to be publicly accessible.

9.4 You may be required to complete certain profile fields when registering for the Community Feature. You are responsible for ensuring that the information you provide is accurate and up to date. Certain profile information may be visible to other users, as indicated on the platform.

9.5 You may choose a nickname or display name for use within the Community Feature. Your chosen name must not impersonate another person, be offensive, misleading or otherwise inappropriate. We reserve the right to require you to change your display name if it breaches these requirements.

9.6 When posting, replying, commenting or reacting to content, you must comply with the rules set out in this clause and the Community Guide. All contributions must be respectful, relevant and lawful.

9.7 The ELF Connect platform may include group features that allow users to join or create groups based on shared interests or conditions. Group membership and participation are subject to these terms and any additional group rules.

9.8 Users may participate in polls or surveys made available through the Community Feature. Your responses may be aggregated and used by ELF for research or platform improvement purposes in accordance with our Privacy Policy.

9.9 If private or direct messaging functionality is made available on the platform, such messages are subject to the same rules as public posts. We reserve the right to review private messages if we receive a report or have reason to believe that a breach of these terms has occurred.

9.10 If you believe that any User Content or user behaviour breaches these terms, you may report it using the reporting functionality on the platform or by contacting us. We will review all reports and take appropriate action in our discretion.

9.11 We reserve the right to moderate, edit, move or remove any User Content at any time and without notice if we consider that it breaches these terms, the Community Guide or is otherwise inappropriate. We are not obliged to give reasons for any moderation decision.

9.12 In addition to our rights under clause 4, we may suspend or permanently remove your access to the Community Feature if you breach these terms or the Community Guide. Serious or repeated breaches may result in permanent removal from the platform.

9.13 You must not post, upload or share any content or engage in any behaviour that:

9.13.1 is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene or otherwise objectionable;

9.13.2 infringes any intellectual property rights or other rights of any third party;

9.13.3 contains personal data of another person without their consent;

9.13.4 is spam, unsolicited advertising or promotional material;

9.13.5 impersonates any person or entity or misrepresents your affiliation with any person or entity; or

9.13.6 contains viruses, malware or any other harmful code.

9.14 You must not post or share content that you know or ought reasonably to know is false, misleading or unsubstantiated medical information. This includes claims about treatments, cures or medical products that are not supported by reliable evidence.

9.15 The Community Feature is intended for peer support and information sharing only. You must not provide, and must not rely upon, medical advice from other users. Always consult a qualified healthcare professional for medical advice relating to your condition or treatment.

9.16 The ELF Connect platform and its Community Feature are not intended for use in medical emergencies. If you are experiencing a medical emergency, please contact your local emergency services immediately.

9.17 If you become aware of any content or behaviour that raises safeguarding concerns, including risk of harm to any person, please report it immediately using the platform’s reporting functionality or by contacting us directly. We may share information with relevant authorities where we consider it necessary to protect the safety of any person.

10 Permission to use the ELF Connect platform and digital content

10.1 We give you a licence to access and use the ELF Connect platform and the digital content available on it, provided you follow all of the rules in these terms. The licence starts when your account is created.

10.2 The licence is for your personal use only. You must not use the ELF Connect platform or any digital content for commercial, business or resale purposes unless we have given you prior written permission to do so.

10.3 You do not own the digital content available on the ELF Connect platform or any of its contents but you may use it as set out in these terms. You are not allowed to pretend that the digital content is your own or make it available to others.

10.4 You must not conceal, change or remove any markings which show who owns the digital content, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings, or try to circumvent any digital rights management or technical protection measures put in place to prevent you from using the digital content in a way that you are not allowed to.

10.5 If you do not comply with any term in this clause 9, we have the right to suspend or terminate your account immediately by sending an email to the address you provided when you registered.

10.6 If we suspend or terminate your account in accordance with clause 9.5:

10.6.1 we may seek to recover reasonable compensation from you according to law to cover losses resulting directly from your breach of this clause 9;

10.6.2 you must immediately stop using the ELF Connect platform and the digital content;

10.6.3 we may remotely block your access to the ELF Connect platform and the digital content;

10.6.4 you must delete or remove any digital content from the ELF Connect platform from any devices; and

10.6.5 we may delete or suspend access to your account.

11 Geographical restrictions

The ELF Connect platform was designed for use by users across the European Union and the UK. We cannot guarantee that the digital content is appropriate or will be available for use in locations outside of these areas. If you use the ELF Connect platform outside of the EU or UK, you are responsible for ensuring that you comply with any local laws.

12 How to access the ELF Connect platform

12.1 You can access the ELF Connect platform by logging into your account at [insert ELF Connect URL] or through our mobile application (if available).

12.2 You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account.

12.3 You must notify us immediately if you become aware of any unauthorised use of your account or any other breach of security.

12.4 If you are having trouble accessing the ELF Connect platform or any digital content, please email us at info@europeanlung.org.

12.5 Instructions on how to use the ELF Connect platform and the digital content can be found on the platform.

13 Your right to cancel and close your account

13.1 You may close your account at any time by contacting us. 

13.2 To close your account, please email us at info@europeanlung.org .

14 Faulty digital content and your consumer rights

14.1 The digital content that we provide to you must be as described, fit for purpose and of satisfactory quality.

14.2 We are under a legal duty to supply digital content that is in conformity with ourcontract with you.

14.3 If any digital content on the ELF Connect platform is faulty, you are entitled to a repair or a replacement.

14.4 If you can show that a fault in the digital content has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

14.5 This is a summary of some of your key rights. They are in addition to yourcancellation rights set out in clause 13 above. For more detailed information on yourrights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.

14.6 If there is a problem with the ELF Connect platform or any digital content, please contact us as soon as reasonably possible.

15 Events beyond our control

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

16 Our responsibility to you

16.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

16.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

16.3 The search function on the ELF Connect platform is supported by an AI instance, as described in the clause above headed ‘AI-assisted search function’. Any results generated or presented by the AI instance are provided for general information purposes only and do not constitute medical advice. Such results may not be complete, accurate or up to date and should not be relied upon as a substitute for professional medical advice. You should always seek the advice of a suitably qualified healthcare professional in relation to any medical condition, symptoms or treatment.

16.4 Subject to the provisions of this clause and to any mandatory rights you may have under applicable consumer protection law, we are not liable for any loss or damage arising from your reliance on AI-generated search results.

16.5 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

17 Your information

Any personal information that you provide to us will be dealt with in line with ourPrivacy Policy available at [insert link to ELF privacy policy], which explains what information we collect and hold about you, and how we collect, store, use and share such information.

18 No third party rights

No one other than us or you has any right to enforce any of these terms.

19 Transfer of rights

19.1 We may transfer our rights under these terms to another organisation without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

19.2 You are not allowed to transfer your rights under these terms to anyone without our prior written consent.

20 Complaints

20.1 If you are unhappy with us or the ELF Connect platform, please contact us at info@europeanlung.org.

20.2 If your complaint cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you may want to submit your complaint to an accredited provider of alternative dispute resolution (ADR) services, details of which can be found on the Chartered Trading Standards Institute website. ADR is a process for resolving disputes that does not involve going to court. If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.

21 Governing law and jurisdiction

21.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales (as it applies in England).

21.2 Each Party irrevocably agrees that the courts with exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be the law of England and Wales.

21.3 If you are resident in the European Union, nothing in this clause deprives you of the protection of any mandatory provisions of the law of your country of residence, and you may bring proceedings in respect of these terms in the courts of your country of residence where applicable consumer protection law so permits. More generally, if you are resident outside England and Wales, you will retain the benefit of any mandatory protections given to you by the law of the country in which you are resident.