- This website is operated by, and for the purposes of the Data Protection Act 1998 (the “Act”) the data controller is, Clarity Informatics Limited of Clayton House, Clayton Road, Jesmond, Newcastle upon Tyne, Tyne and Wear NE2 1TL.
INFORMATION WE MAY COLLECT FROM YOU
- We may collect and process information that you provide by filling in forms on our website. This includes information provided at the time of registering to use our site or subscribing to any of our services (“Registration Data”), and material contributed through any interactive service (“User Generated Content”).
- If you contact us, we may keep a record of that correspondence.
- We may collect and process details of your visits to our site and the resources that you access.
- The information that we collect from you will be stored on our secure servers in the UK.
- Any payment transactions will be encrypted using SSL technology.
- Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
- The transmission of information via the internet is not completely secure. Although we will do our best to protect you personal data, we cannot guarantee the security of you data transmitted to our site and any such transmission is at your own risk. Once we have received your information we will use strict procedures and security features to try to prevent unauthorised access.
USES OF INFORMATION ABOUT YOU
- We may use Registration Data:
- to manage your account;
- to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to carry out our obligations arising from any contracts entered into between you and us;
- to allow you to participate in the interactive features of our service, when you choose to do so;
- to notify you about changes to our service.
- We may display User Generated Content to users of our interactive services.
DISCLOSURE OF YOUR INFORMATION
- We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
- We may disclose you personal information to third parties:
- if Clarity Informatics Limited, or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
- or to protect the rights, property, or safety of Clarity Informatics Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
- Where you have expressly consented to such use, we may use information held about you, or permit selected third parties to use such information, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email, post or telephone.
- You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by not checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com
- Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
- The Act give you the right to access information held about you. Your right of access can be exercised in accordance with the Act by contacting us at firstname.lastname@example.org Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Website Terms & Conditions
1 LICENCE TO USE THE CONTENTS
1.1 We grant you, on the terms contained in this Agreement, a non-exclusive, non-transferable licence to use the information on this website (the “Contents”). This licence is revocable by us in accordance with clause 9.
1.2 You may search, view, copy and print extracts from the Contents for your own personal reference and for use in your capacity as a clinician.
1.3 You may not:
(i) use or copy the Contents for any business-related purpose other than for use in your capacity as a clinician;
(ii) sell, transfer, sub-license, distribute, reproduce, modify, alter or create derivative works from the Contents; or
(iii) remove or alter any proprietary notices from or embedded within the Contents.
1.4 The trade marks, graphics and logos used on or in connection with this website belong to us and/or our licensors. You are granted no rights to use such marks and any unauthorised use is strictly prohibited.
2 LICENCE TO USE THE SOFTWARE
2.1 We grant you a non-exclusive, non-transferable licence on the terms contained in this Agreement to use the software provided by us which enables you to use the services available on this website (the “Software”). This licence is revocable by us in accordance with clause 9.
2.2 You may access and use the Software for your own personal purposes and in your capacity as a clinician.
2.3 You may not:
(i) use the Software for any business-related purpose other than in your capacity as a clinician; or
(ii) use the Software to store, distribute or transmit any material that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities.
3 YOUR OBLIGATIONS
3.1 You shall not:
(i) copy, print out or otherwise reproduce any Contents except as permitted under this Agreement;
(ii) make any part of the Contents available to anyone;
(iii) alter any part of the Contents;
(iv) provide us with any confidential information in breach of any legal or professional duties;
(v) contribute any Contents through any interacting service which contains another individual’s personal data.
3.2 You shall take all reasonable steps to ensure that no one else has access to any username or password applicable to your use of the website.
3.3 You acknowledge and agree that we and our licensors own all intellectual property rights in the Contents and the Software and, except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Contents or Software.
3.4 You are solely responsible for the appropriate use of the Contents and Software and for any provision by you of any professional advice.
3.5 You recognise and accept that in our Contents we are not providing any professional advice or guidance (such as may be given by a health adviser or GP).
3.6 You are responsible for configuring your information technology, computer programs and platform in order to access the Contents and Software.
3.7 You shall not create a hypertext link to this website:
(i) for a purpose that is unfair or unlawful;
(ii) which damages our reputation or takes advantage of it;
(iii) which suggests any form of association with, or approval or endorsement by us where none exists.
4 INTERACTIVE SERVICES
4.1 We may from time to time provide interactive services on this website.
4.2 We are under no obligation to oversee, monitor or moderate any of the interactive services on this website, and we expressly exclude our liability for any loss or damage arising from your use of such service, whether the service is moderated or not. We reserve the right to delete, take-down or suspend access to any content transmitted to or published via the interactive services at any time.
4.3 When using the interactive services you may not use a false email address, impersonate any other person or entity or mislead us or other users as to the origin of any electronic communications or content.
4.4 All material which you contribute to the website through the interactive services must be accurate (where they state facts) or genuinely held (where they state opinions).
4.5 You acknowledge and agree that any material you contribute to the website will be secure or free from interception from third parties.
4.6 We will endeavour to remove any content available through the interactive services which causes or is likely to cause offence as soon as reasonably practical after we have been made aware of this.
4.7 You warrant that no material which you contribute to the website will infringe any third party intellectual property rights and you will indemnify us against any losses, costs or expenses we may incur as a result of any claim resulting from such infringement.
5.1 We give you no warranty or assurance and all implied warranties and conditions are excluded to the maximum extent permitted by law.
5.2 The Contents are provided for information and guidance only and are not intended to replace proper consultation, advice or treatment from appropriately qualified health professionals. If an individual is concerned about health treatment or diagnosis, he or she must refer to an appropriately qualified health adviser or GP.
5.3 The Contents are intended for use within England only. Users who access this website form other locations do so at their own risk.
5.4 The Contents are not intended to give definitive or complete information on any matter.
5.5 The Contents include archived information which may be incorrect or out of date.
5.6 We do not accept any responsibility for action taken as a result of the Contents or Software. You should take specific professional advice in every case. The Contents are general and educational in nature, may not reflect all recent medical developments and may not apply to the specific circumstances of every case.
5.7 This website may contain links to third party websites. These links are provided for convenience only and, to the fullest extent permitted by law, we do not accept any responsibility for such websites, nor for any materials or information available on those sites.
6.1 The “Prodigy Pro” section of this website will only be available to you if you are a subscriber to such service, subject to payment of the fee specified on this website (the “Subscription Fee”).
7.1 This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, contributors, consultants and sub-contractors) to you in respect of:
(i) any breach of this Agreement;
(ii) any use made by you of the Contents and/or Software; and
(iii) any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this Agreement.
7.2 Your assume sole responsibility for results obtained from the use of the Software and the Contents by you, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided by you in connection with the Software or Contents.
7.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
7.4 Nothing in this Agreement excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
7.5 We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss.
7.6 We shall not be liable for any special, indirect or consequential loss costs, damages, charges or expenses however arising.
7.7 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to one thousand pounds Sterling (£1,000). You acknowledge that this limitation is reasonable.
7.8 Under this clause, “our liability” includes that of any company in our group and our and their respective agents, employees, contributors and consultants and sub-contractors, “you” includes any other party claiming through you and “loss or damage” includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the Software or Contents, whether under this Agreement or other agreement or in consequence of any misrepresentation, misstatement or tortious act or omission, including negligence.
8.1 We may revise this Agreement at any time by amending this section of this website. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.
9.1 This Agreement will terminate if you or we are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to the party in breach. If we are in material breach as a result of circumstances within our control, you will be entitled to pro-rata return of any Subscription Fee.
9.2 On termination of this Agreement for any reason:
(i) all licences granted under this Agreement shall immediately terminate;
(ii) we may destroy or otherwise dispose of any of the data you have uploaded to us; and
(iii) termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
10 GENERAL PROVISIONS
10.1 If any provisions (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
10.2 Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
10.4 English law governs this Agreement and the parties submit to the non-exclusive jurisdiction of the English courts.