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Terms and Conditions

Background

  1. These Terms of Use apply to the Website found at the following domain: www.digitalregulations.innovation.nhs.uk (‘The Website’)
  2. The Website is owned and operated by the National Institute for Health and Care Excellence (“NICE”) a non-departmental public body established under primary legislation and based at 2nd Floor, 2 Redman Place, London E20 1JQ, and Level 1A, City Tower, Piccadilly Plaza, Manchester M1 4BT ("NICE", "us", "our" or "we").
  3. Users must only use the site for purposes consistent with these Terms of Use.
  4. The Website also includes content contributed by the Medicines and Healthcare products Regulatory Agency (MHRA), the Health Research Authority (HRA) and the Care Quality Commission (CQC).
  5. By using the Website, 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 of Use, you must not use the Website.

Links to and from the Website

  1. The Website contains links to websites which are not under our control. These links are provided for your convenience only. We are not responsible for the availability or content of such other websites, nor for any products or services available from them. Any such link should not be seen as an endorsement by us of such websites, or any of the products or services contained on them. Links are made to or from the website at your own risk.
  2. You should be aware that your use of such other websites may be subject to additional terms and conditions imposed by the owners of those websites. Your dealings with such third parties are between you and the third party, and we accept no liability as a result of you accessing such websites or entering into contractual arrangements with the operator in question.
  3. Users may insert a simple link to the Website from their own website provided that:

8.1 the website on which the link appears contains no unlawful, obscene, or offensive content and does not contain any links to such content.

8.2 the website on which the link appears is not likely to cause anxiety, loss, harm or personal injury to its readers;

8.3 the link in no way has a negative impact on the reputation of NICE, the MHRA, the HRA or the CQC; and

8.4 the website does not suggest that it is associated with, or endorsed by, NICE, the MHRA, the HRA or the CQC.

  1. We reserve the right to withdraw linking permission without notice and at our sole and absolute discretion.

Availability of the Website

  1. We will make reasonable endeavours to ensure that the Website is generally available but make no representation or guarantees as to such availability.
  2. We reserve the right to withdraw access to all or any part of any of the Website for periods of time in order to modify any of the content, for scheduled or unscheduled maintenance and for other purposes, without notice to you.
  3. As you will receive the Website via third party telecommunications networks, you acknowledge that NICE cannot guarantee that the availability of the Website will be uninterrupted or error free. Similarly we cannot guarantee that the transmission of any information over such telecommunications networks will be secure nor that you will be able to access the Website at all times.
  4. The Website is therefore provided to you on an “as is” and “as and when available” basis, and your use of the Website is at your own risk.

Intellectual property rights

  1. You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world, ("IP Rights") in the Website (including in all content) are owned by NICE, the MHRA, the HRA, the CQC, or other third parties, or are subject to Crown copyright, for the full duration of such rights.
  2. Except for your use of the Website in accordance with these Terms of Use, you are granted no IP Rights in respect of the Website or its content.
  3. All trade marks, logos, titles, brand and product names ("the Trade Marks") which are featured on the Website are owned by (or have been licensed by a third party to) NICE, the MHRA, the HRA and/or the CQC (as applicable).
  4. You may only use or refer to the Trade Marks (for the purposes of paragraph 18 below) which are included in those extracts from the Website downloaded, copied or printed by you in accordance with these Terms of Use. Otherwise you must not offer or distribute any products or services under or by reference to the Trade Marks, or otherwise reproduce any of the Trade Marks without our express written consent, or that of MHRA, the HRA, the CQC or the third party licensor, as may be applicable.
  5. Reproduction, publication or distribution of the content from the Website is subject to the following:
  6. Use of content on the Website inside and outside the United Kingdom: copyright content on the Website is made available to individuals and commercial/non-commercial organisations on a non-exclusive basis strictly for personal use, study, research and non-commercial reuse.

20. Third-party content included on the Website: some NICE, MHRA, HRA and CQC content may include identifiable third-party content for which NICE, the MHRA, the HRA and the CQC will have sought permission for its inclusion. It is therefore for you to seek the necessary additional permission to reuse any content which is identifiable as being sourced from, or owned by, a third party. This may include, but is not limited to: text extracts, third-party review and comment, official publications, data, tables, illustrations and/or photography. This also includes content that NICE, the MHRA, the HRA and the CQC have acknowledged they have adapted. NICE, the MHRA, the HRA and the CQC make no warranty in relation to any material identified as sourced from third parties in their content.

21. Warning: The doing of any unauthorised commercial act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution.

Viruses

22. We do not guarantee that the Website will be secure or free from bugs or viruses.

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

24. You must not misuse our site 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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.

Disclaimers

25. Due to the nature of the Website we cannot guarantee the prompt editing or removal of any inappropriate or inaccurate information. If you find any information that is inaccurate or inappropriate then please contact us as soon as possible.

26. We are unable to guarantee that the Website will never be faulty, nor that it will work continuously, nor that it will be maintained in a fully operational condition nor virus and/or error free. However we will use reasonable endeavours to correct serious faults reported by you as soon as reasonably practicable.

27. You should always check any content before downloading. Any website content is downloaded by you at your own risk and on the basis that you will be solely responsible for any damage to your computer system or loss of data that result from the download of such content.

28. Without prejudice to any other limitations or exclusions of our liability in these Terms of Use we shall have no liability whatsoever in respect of any failure on our part to repair a fault in the Website or to provide continuous access to it.

29. Without prejudice to any other limitations or exclusions of our liability in these Terms of Use we shall have no liability whatsoever in respect of any inability on your part to obtain access to the Website whether through any denial of service, attack or otherwise.

30. You are responsible for the provision of and payment for all telecommunications services necessary to use the Website and all hardware, equipment and other services (including but not limited to computers, modems and any other communication equipment) necessary to use the Website.

31. We provide the Website to you without any conditions, warranties, or guarantees whether express or implied, including but not limited to any implied warranties or conditions as to the satisfactory quality or fitness for a particular purpose, which are expressly excluded to the extent permitted by law.

Disclaimer in respect of the Website’s contents

32. We have processes in place to seek to ensure that the contents of the Website are accurate and that the links it publishes directing the user to third party websites function properly. However, we do not warrant the currency, accuracy or applicability of any of the Website's content.

33. We may change the Website or its content at any time.

34. Information provided on the Website is designed to provide 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 the Website. The Website provides information which is largely relevant to the United Kingdom as a whole, but requirements may differ in some respects between England, Scotland, Wales and Northern Ireland.

35. There is no guarantee that links to external websites from our Website lead to the most up-to-date information on that website.

Our liability

36. 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 for fraud or fraudulent misrepresentation.

37. We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it, to the extent we are permitted to do so by law.

38. We exclude liability for the accuracy, completeness or usefulness of the content, information and other materials provided on or via the Website, whether such is prepared or provided by us or third parties.

39. We will not be liable to you for any loss or damage (including, without limitation, loss of profits, sales, business or revenue; any indirect or consequential loss or damage; business interruption; loss of data; loss of business opportunity, goodwill or reputation; or for any wasted expense including but limited to losses caused by viruses) whether in contract, negligence, defamation, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

39.1. use of, or inability to use, the Website; or

39.2. use of, or reliance on, any content displayed on the Website.

40. In the event of any problem with the Website or its content, you agree that your sole remedy is to cease using the Website.

41. To the extent that we have any liability to you that is not quantified or excluded by the provisions of these Terms of Use, that residual liability on our part is limited to a maximum of £500 (five hundred pounds sterling). This limitation applies to all types and sources of liability, including that arising from contract, breach of duty (including negligence), breach of statutory duty and infringement of intellectual property rights or any duty of confidence.

42. In any event we will not be liable for any failure to perform our obligations under these Terms of Use if we are prevented from doing so by an event beyond our reasonable control.

Your liability

43. You agree to indemnify and hold us harmless from any:

43.1. claims (including third party claims);

43.2. losses, demands, costs, expenses (including reasonable legal costs and expenses);

43.3. fines; and/or

43.4. any other liabilities whatsoever (including (without limitation)) any liability arising out of any action brought against us for misrepresentation or negligent misstatement arising from any access to or use of these Website by you, or by any person who may be authorised by you or for whom you are responsible to the extent such use is in breach of these Terms of Use and/or unlawful, and save always to the extent that any such claims, losses, demands, costs, expenses, fines or other liabilities arise directly due to our negligence or default.

44. You acknowledge that this indemnity is appropriate and reasonable given the nature of the Website, and that you are accessing the Website at no charge to yourself.

We may make changes to these Terms of Use

45. We may amend these Terms of Use from time to time. Please check these Terms of Use regularly to ensure you understand the terms that apply at that time.

Governing Law and Jurisdiction

46. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.