PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE
1. INTRODUCTION
1.1 GPDF Limited (GPDF, we, us) operates a website (the Website) one of the purposes for which is to make information available to Local Medical Committees (LMCs) and sharing best practice between LMCs.
1.2 The GPDF is a company limited by guarantee registered in England and Wales under company number 01508388 and have our registered office at Penningtons Manches Cooper LLP, 125 Wood Street, London, EC2V 7AW. To contact us, please email: mail@gpdf.org.uk.
1.3 These terms govern the use of the Website by LMC members (you) and set out the standards that apply when you use the Website, submit content for uploading on to the Website or otherwise interact with the Website.
1.4 By using the Website, you confirm that you accept these terms of use on behalf of yourself and your LMC and that you agree to comply with them. If you do not agree to these terms, you must not use the Website.
1.5 These terms are divided into two parts: the first part is applicable to all users of the Website; the second part is only applicable to the extent that you submit information or materials to us to be uploaded to the Website.
PART 1 – ALL USERS OF THE WEBSITE
2. CHANGES TO THE WEBSITE
The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may update and change the Website from time to time, and may suspend, withdraw or restrict the availability of all or any part of the Website for any reason. We will try to give you reasonable notice of any material suspension or withdrawal of the Website.
3. THE website IS ONLY FOR USERS IN THE UK
The Website is directed to LMC members in the United Kingdom. We do not represent that content available on or through the Website is available or appropriate for use in other locations.
4. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
4.1 You must treat any user identification code, password or other piece of information provided to you as part of the security procedures for accessing the Website as confidential. You must not disclose it to any third party.
4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at mail@gpdf.org.uk.
5. HOW YOU MAY USE MATERIAL ON THE WEBSITE
5.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Where LMC members contribute towards the material published on the Intranet, they may also have rights in that material. All such works are protected by copyright laws and treaties around the world. All our rights are reserved.
5.2 We provide the Website to assist LMCs in furthering their objectives to provide support to local NHS GPs, to act as local representative committees for such GPs and to represent their interests to NHS health authorities, and to assist with the sharing of best practice between LMCs (the Permitted Purposes). You agree not to use the Website for any other purpose. In particular, you must not use the Website or any part of the content on the Website:
(a) for commercial purposes; or
(b) in any way that breaches any applicable local, national or international law or regulation, or that has a fraudulent purpose or effect.
5.3 You may print off one copy, and may download extracts, of any page(s) from the Website for the Permitted Purposes and you may draw the attention of others within your LMC to content posted on the Website. You may not otherwise reproduce, duplicate, copy or re-sell any part of the Website.
5.4 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.
5.5 Our status (and that of any identified contributors, in particular other LMC members) as the authors of content on the Website must always be acknowledged.
5.6 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.
6. Reliance ON INFORMATION ON THE WEBSITE
6.1 The content on the Website is provided for general information only. It is not intended to amount to advice on which you or your LMC 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.
6.2 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
7. USER-GENERATED CONTENT IS NOT APPROVED BY US
7.1 The majority of the information and materials on the Website have been prepared by other LMC members. This information and these materials have not been verified or approved by us. We are under no obligation to oversee, monitor or moderate any content on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any such content. The views expressed by other users on the Website do not represent our views or values.
7.2 If you wish to complain about information and materials uploaded by other users, or to suggest amendments or improvements to the content available via the Website, please contact us using the email address in paragraph 1.2 above.
8. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the Website contains links to websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 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.
9.2 The Website and the information and materials on it are provided on an “as is” and “as available” basis. We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it to the maximum extent permitted by law. In particular, we give no warranty that the content on the Website is accurate or up to date.
9.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Website; or
(b) use of or reliance on any content displayed on the Website.
In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
9.4 You hereby undertake, on behalf of yourself and your LMC, not to bring legal proceedings against any contributor of content to the Website for any loss or damage you or your LMC suffers as a result of any inaccuracies in any content on the Website.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy https://www.gpdf.org.uk/privacy
11. VIRUSES and access rules
11.1 We do not guarantee that the Website will be secure or free from bugs or viruses.
11.2 You are responsible for configuring your information technology, computer programmes and platform to access the Intranet. You should use your own virus protection software.
11.3 You must not access without authority, interfere with, damage or disrupt:
(a) any part of the Website;
(b) any equipment or network on which the Website is stored;
(c) any software used in the provision of the Website; or
(d) any equipment or network or software owned or used by any third party.
11.4 You must not misuse the Website 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 Intranet 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 the Website will cease immediately.
12. RULES ABOUT LINKING TO THE website
12.1 You may link to our home page, provided:
(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; and
(b) the website in which you are linking complies in all respects with the content standards set out in clause 18.
12.2 You must not establish a link to the Website:
(a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
(b) in any website that is not owned by you.
12.3 We reserve the right to withdraw linking permission without notice.
12.4 The Website must not be framed on any website, nor may you create a link to any part of the Website other than the home page.
12.5 If you wish to link to or make any use of content on the Website other than that set out above, please contact us.
13. BREACH OF THESE TERMS
13.1 In the event that you commit a material breach of these terms, we may take all or any of the following actions:
(a) immediately, temporarily or permanently withdraw your right to use the Website.
(b) immediately, temporarily or permanently remove any Contribution submitted by you for uploading to the Website (as defined in clause 16);
(c) issue a warning to you;
(d) initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
(e) disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
13.2 We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
14. CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in October 2018.
15. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including any dispute or claim relating to non-contractual obligations) shall be governed by and construed in accordance with English law and are subject to the exclusive jurisdiction of the courts of England and Wales.
PART 2 – CONTENT CONTRIBUTORS
16. CONTRIBUTING CONTENT TO THE WEBSITE
16.1 This part applies to any and all information or materials which you send to us for inclusion on the Website (Contributions).
16.2 If you wish to make a Contribution, please email: mail@gpdf.org.uk.
16.3 Following receipt of your Contribution, we will determine in our absolute discretion whether the Contribution will be placed onto the Website.
16.4 We will use reasonable endeavours to notify you of our decision within a reasonable time after receiving the Contribution.
16.5 We shall not be under any obligation to review any Contribution, nor to check its accuracy or its efficacy as guidance for LMCs.
16.6 In submitting a Contribution to us for inclusion on the Website, you warrant that:
(a) you own or have a licence to use all intellectual property rights in and to all aspects of the Contribution, and that the Contribution will not infringe the intellectual property rights of any third party; and
(b) the Contribution complies with the content standards in clause 18.
16.7 You shall indemnify us for any breach of any of the warranties in clause 16.6. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
16.8 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy, or is defamatory of them.
16.9 You are solely responsible for securing and backing up your content.
17. Licence of rights
17.1 Any Contribution will be considered non-confidential and non-proprietary.
17.2 Whilst you retain all of your ownership rights in your Contribution, by submitting content to us for use on the Website:
(a) you grant to us a licence to use, store and copy the Contribution and to distribute and make it available to third parties via the Website; and
(b) you grant to other users of the Website a licence to use the Contribution in accordance with clause 5 above.
18. CONTENT STANDARDS
18.1 These content standards apply to any and all Contributions to the Website. These standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our absolute discretion, whether a Contribution breaches these standards.
18.2 Each Contribution must comply with the law applicable in England and Wales.
18.3 Any facts stated in a Contribution must be accurate.
18.4 Any opinions stated in a Contribution must be genuinely held.
18.5 A Contribution must not:
(a) be defamatory of any person;
(b) be obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trade mark of any other person;
(g) be likely to deceive any person;
(h) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be in contempt of court;
(k) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(l) be likely to harass, upset, embarrass, alarm or annoy any other person;
(m) impersonate any person, or misrepresent your identity or affiliation with any person;
(n) give the impression that the Contribution emanates from the GPDF, if this is not the case;
(o) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
(p) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or contain any advertising or promote any services or web links to other websites.