End User Licence Agreement

Website end-user licence agreement

About these terms: This page provides information about who we are and the legal terms and conditions that may apply to your use of covid-19hospitalguideline.wales.nhs.uk, guidelines, and platform (from hereon in referred to as the platform). PLEASE READ THESE LICENCE TERMS CAREFULLY

1. Who we are and what this agreement does

We The Institute of Clinical Science and Technology of 33 – 35 Cathedral Road, Cardiff CF11 9HB working on behalf of NHS Wales license you to use:

  • Covid-19 Hospital Guidelines, platforms, website and any updates or supplements to it as permitted in these terms.

2. Purpose

The platform is a dynamic national guideline system for all COVID-19 teams across Wales. The system has been developed for Wales with contributions from clinicians and COVID teams from the different Health Boards in Wales. Its purpose is to implement the COVID-19 Secondary Care Guideline to help hospitals respond to the demands of the COVID-19 pandemic.

3. Use of this platform from outside Wales

Except where otherwise specified, the materials on this platform are displayed solely for the purposes of promoting products and services available in Wales. Those who choose to access this site from locations outside of Wales are responsible for compliance with local laws if and to the extent local laws are applicable.

4. Your privacy

We only use any personal data we collect through your use of the platform in the ways set out in our Privacy Policy:

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

5. Support and how to tell us about problems

Contacting us (including with complaints). If you think the platform is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@covid-19hospitalguideline.wales

6. How we will communicate with you.

If we have to contact you we will do so by email, by sms or by pre-paid post, using the contact details you have provided to us.

7. You must be 18 to accept these terms

You must be 18 or over to accept these terms.
We are giving you personally the right to use the platform as set out above. You may not otherwise transfer your account to someone else, whether for money, for anything else or for free.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an email with details of the change.
If you do not accept the notified changes you will not be permitted to continue to use the platform.

8. Update to the platform

From time to time we may automatically update the platform to improve performance, enhance functionality, reflect changes to the medical guidance or address security issues. If these updates results in changes to the terms & conditions or the privacy policy, we will inform you as outlined above.

9. If someone else owns the device you are using

If you log into the platform onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with the terms of using this platform, whether or not you own the phone or other device.

10. We may collect technical data about your device

By using the platform you agree to us collecting and using technical information about the devices you use the website on to improve our products.

11. Licence restrictions

You agree that you will:

  • Not rent, lease, sub-license, loan, provide, or otherwise make available, the platform in any form, in whole or in part to any person without prior written consent from us;
  • Not copy the platform, except as part of the normal use or where it is necessary for the purpose of back-up or operational security;
  • Not translate, merge, adapt, vary, alter or modify, the whole or any part of the guideline, nor permit the platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the platform on devices as permitted in these terms;
  • Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the platform nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the platform to obtain the information necessary to create an independent program that can be operated with the platform or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the platform;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the platform.

12. Acceptable use restrictions

You must not:

  • Use the guideline platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the platform, or any operating system;
  • Infringe our intellectual property rights or those of any third party in relation to your use of the platform (to the extent that such use is not licensed by these terms);
  • Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the platform;
  • Use the platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • Collect or harvest any information or data from the platform or our systems or attempt to decipher any transmissions to or from our servers.

13. Intellectual property rights

All intellectual property rights to the platform throughout the world belong to us (or our licensors). You have no intellectual property rights in, or to, the platform other than the right to use them in accordance with these terms.

14. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

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 or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The platform is for hospital use. If you use the platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. Limitations to the platform

The platform is provided for general information for use within hospitals to guide you in the management of COVID-19 patients.

16. We are not responsible for events outside of our control.

If our provision of or support for the platform is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

17. We may end your rights to use the platform if you break these terms

We may end your rights to use the platform at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the platform:

  • You must stop all activities authorised by these terms, including your use of the platform.
  • You must delete or remove the platform from all devices in your possession.

18. 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.

19. You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

20. No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

21. If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

22. Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

23. Which laws apply to this contract and where you may bring legal proceedings

These terms are governed the laws of England and Wales and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

24. Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. If you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

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