TERMS AND CONDITIONS

1. DEFINITIONS
Data4NHS
Data4Health Limited trading as Data4NHS, a company incorporated in England and Wales with company number 10928443 and having its registered office at Beechwood House, The Beechwood Estate, Elmete Lane, Leeds, LS8 2LQ (“Data4NHS” / “we” / “our” / “us”)

Database
The database held and maintained by Data4NHS.

Intellectual Property Rights
Any current and future intellectual property rights and interests including patents, utility models, designs, design rights, copyright (including rights in software), decryption rights, database rights, trade marks, rights pursuant to passing off, service marks, business and trade names, domain names, know-how, topography rights, inventions, rights in confidential information  (including technical and commercial trade secrets) and image rights, and rights of a similar or corresponding character in any part of the world, in each case whether registered or not and including any application for registration and renewals or extensions of such rights in any country in the world.

Password
A set of letters/numbers that must be inputted by the User, together with the User Name, in order for the User to access the Database.

Terms
These terms and conditions which govern the use of the Website.

User
A person who accesses and/or uses the Database.

User Name
The NHS email address allocated to a User.

Website
The website available at www.data4nhs.com and/or https://directory.data4nhs.com operated by Data4NHS.

2. INTRODUCTION AND OTHER APPLICABLE TERMS

  • By using the Website, you confirm that you have read and accept these Terms and that you agree to comply with them. If you do not accept the Terms in full, please do not use the Website or access the Website or the Database.
  • These Terms refer to the following additional terms, which also apply to your use of the Website:
    • our privacy policy, which sets out the terms on which we process personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing; and
    • our cookie policy, which sets out information about the cookies on the Website.
  • We may revise these Terms at any time. Please check the Terms on the Website from time to time to take notice of any changes made, as they are binding on you.
  • We may update the Website from time to time, and may change the content at any time. Please note, however, that we are under no obligation to keep the content up to date nor to ensure that it is free from errors or omissions.

3. YOUR ACCESS TO THE WEBSITE AND THE DATABASE

  • We will not be liable if the Website or the Database is unavailable at any time or for any period. Access to the Website and/or the Database may be suspended temporarily with or without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
  • If you choose or are provided with a User Name, Password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.
  • We have the right to disable any User Name or Password if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
  • If you know or suspect that anyone other than you knows your User Name or Password, you must promptly notify us at info@data4nhs.com.
  • If you have registered to access the Database, you are entitled to contact other professionals listed on the Database for business purposes

4. INTELLECTUAL PROPERTY

  • All Intellectual Property Rights on the Website, including without limit, the Database, the text, graphics, trade marks and copyright works, is owned by us (or our relevant content supplier). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
  • Save to the extent permitted by these Terms, you must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
  • If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • If you wish to link to any part of this Website, you must obtain our prior written consent.

5. EMAIL ADDRESSES AND OPT-OUT POLICY

  • Email addresses are never passed on to third parties by Data4NHS and are not available via the Database. Clients of Data4NHS may utilise our service to send educational material and promotional information to a User’s email address. They can only do so via our service to them and we endeavour to deselect those recipients who will not benefit from the communication.
  • Third party emails may enable you to communicate with the originator of the information via their own internet address. If you choose to do so then the third party will thereafter have direct access to your IP address. You can opt-out of the opportunity to receive third party emails via us at any time by emailing us at info@data4nhs.com or via the following webpage https://directory.data4nhs.com/contact-us/.

6. DATA4NHS USE OF DATA (excluding emails)

  • Data4NHS collects and hosts data relating to NHS personnel and their functions within the NHS. Data4NHS is the data controller of such data. The data held enables Users to investigate the organisational structure of the NHS and the roles and functions of personnel within the NHS.
  • Data4NHS may from time to time send information to you by e-mail about our associated/affiliated companies and their clients’ product and services, which may include updates on specialist services, conferences and seminars, diagnostic, medical and pharmaceutical promotional materials as well as official information. We will only send you this information if we have obtained consent from you to do so, and you will be able to unsubscribe from the emails using the link in the email.

7. VACANCIES NOTICE BOARD
Users are able to review and apply for vacancies advertised on the Website. In doing so, the User acknowledges that they are entering into a direct relationship with the third party that is advertising the vacancy (the “Hirer”), and that Data4NHS is not responsible for any matters that subsequently arise between the User and the Hirer. We do not check, endorse, approve or agree any advertisement or job content. We have no responsibility for the content of the advertisement nor for the products and/or services of the Hirer.

  • If you wish to advertise a vacancy on the Website as a Hirer, you shall comply with and/or agree to (as applicable) the following terms:
    • with regards to any job advertisements posted on the Website, either for payment or posted for free, the Hirer agrees that the Hirer is solely responsible for all advertisement or job content along with any content or consequences of directing a User away from the Website to other platforms (including but not limited to other URLs, social media channels, phone numbers or postal addresses);
    • the Hirer shall protect its passwords and take full responsibility for its own, and third party, use of their accounts;
    • by advertising a vacancy on the Website, Data4NHS does not guarantee the Hirer will fill the vacancy;
    • the Hirer may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours);
    • Data4NHS may immediately cancel or modify the vacancies notice board and associated terms at any time upon notice at any time without liability to the Hirer or any User;
    • the Hirer’s use of the vacancies notice board after notice that the associated terms of use have changed indicates acceptance of the updated terms;
    • the Hirer shall not, and shall not authorise any party to advertise anything illegal or engage in any illegal or fraudulent business practice in any country where its advertisement is displayed;
    • the Hirer represents and warrants that all its information is correct and current, that it holds and grant Data4NHS all rights to copy, distribute and display content that it uploads on to the Website, and that such use and websites linked from the Hirer’s adverts will not violate or encourage violation of any applicable laws. Breach by the Hirer of these Terms may result in immediate termination of these Terms or the Hirer’s account without notice, without prejudice to any other rights we may have at law as a result of the breach; and
    • Data4NHS may reject or remove any advert, and may disable any Hirer’s account, for any or no reason without notice.
  • Data4NHS may require certain adverts to be sponsored in order to verify the legitimacy of the advert, and to prevent abuse of the free to post system. This may include limiting the number of adverts the Hirer is allowed to post at a given time without sponsoring. This requirement may be made in Data4NHS’s sole discretion.

8. VISITOR MATERIAL AND CONDUCT

  • Other than personal data, which is covered under our privacy policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary and we have no obligations in respect of it. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any commercial or non-commercial purposes.
  • Users and Hirers are prohibited from posting or transmitting to or from the Website any material:
  • that is threatening, defamatory, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
  • for which you have not obtained all necessary licences and/or approvals;
  • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country; and/or
  • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
  • You may not misuse the Website (including, without limitation, by hacking).

9. DISCLAIMER
Data4NHS shall not be liable for any loss or damage arising out of the use or misuse of the Database.

  • Data4NHS will use reasonable endeavours to ensure information it uploads to the Website is accurate and up to date but shall have no responsibility for such information and makes no guarantees that the information is accurate or up to date, including but not limited to any information or dates relating to events.
  • Nothing in these Terms excludes or limits our liability for (i) death or personal injury arising from our negligence; (ii) our fraud or fraudulent misrepresentation, or (iii) any other liability that cannot be excluded or limited by English law.
  • To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
  • We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising because of or in connection with:
  • use of, or inability to use, the Website; or
  • use of or reliance on any content displayed on the Website, including but not limited to the Database.
  • If you are a business User, 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, please note that we only provide our site for domestic and private use. Save to the extent set out in these Terms, you agree not to use our site 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.
  • Data4NHS has no responsibility for any third party content or availability of the Database and/or the vacancies notice board referred to in clause 7 above.
  • Data4NHS has no responsibility for and does not guarantee the accuracy of any survey results or reports provided on the Website.

10. THIRD PARTY WEBSITES

  • The Website may contain links to third party websites, including websites via which you are able to purchase products and services. They are provided for your convenience only and we do not check, endorse, approve or agree with such third party websites nor the products and/or services offered and sold on them. We have no responsibility for the content, products and/or services of the linked websites.
  • Please ensure you review all terms and conditions of website use and privacy policy of any such third party websites.
  1. JURISDICTION AND GOVERNING LAW
  • Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
  • If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, 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, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and you submit to the exclusive jurisdiction of the courts of England and Wales.

 ©Data4NHS 2019
Email Address:  info@data4nhs.com
Telephone number:  0203 950 1017
Correspondence address: Data4NHS, 125 Kingsway, London, WC2B 6NH