Disclaimers / Terms and Conditions

Terms and Conditions

NHS National Services Scotland (NSS), the common name for the Common Services Agency, operates this web site under the auspices of the Scottish Government Health Directorates (SGHD) to allow information on the National Health Service in Scotland to be freely available.

A. General

1. This website is operated by NSS. These Terms and Conditions govern your use of our website (http://www.hiap-scotland.org) – ‘the Website’). References to the Website in these Terms and Conditions include content which is posted by any User other than NSS the “User Content Pages”.

2. We may amend these Terms and Conditions from time to time, and the revised version will be effective when displayed here. Please check this page from time to time for any changes we have made.

3. 'User' shall in these Terms and Conditions mean all persons who access and use the Website, including but not limited to members of the public, NHS organisations and their staff and suppliers of products and technologies.

B. User Obligations

In registering for a HIAP-Scotland account, Users agree:

4. To comply with these Terms and Conditions in their use of the Website;

5. To ensure that any details supplied to NSS in order to register for such access are accurate and to advise promptly in the event that any such details change;

6. To keep confidential any personal login password provided by HIAP-Scotland and to be responsible for any loss or damage resulting from use of any such password by any third party;

7. To use the Website only for lawful purposes in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by any third party;

8. Not to upload, post, transmit or distribute any material or information (i) where you do not own or have a licence to use the intellectual property rights in that material or (ii) which is unlawful of which is potentially harmful, threatening, abusive, defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to the reputation of the NHS in Scotland; and

9. Not to reverse engineer, decompile, copy or adapt any software or other code or scripts that form part of the Website nor attempt to transmit to or via the Website any information that contains a virus, worm, trojan, or other harmful or disruptive component.

10. Users may create hypertext links to the Website [but not to any User Content Pages], provided that the link is not used in any misleading or defamatory context, nor otherwise associated with any unlawful activity.

11. Except for material posted by Users, material contained in the Website is copyright © NSS. See our Copyright Notice page for more information.

C. Disclaimer

12. The Website contains links to other third party sites and other third party sites may link to this Website. NSS is not responsible for the content of any third party website and accept no responsibility for material found on them or for any loss or damage that may arise from the use of such websites.

13. NSS cannot guarantee uninterrupted access to the Website or any linked websites. NSS accepts no responsibility for any claims, losses or damages (whether direct or indirect) arising from the unavailability of the Website or any part of it, or any linked website.

14. The information and materials on this Website are for general information purposes only and nothing contained within the Website shall be deemed to constitute any endorsement, quality assurance or recommendation in respect of any content on the Website. Content of the Website is subject to variation at any time without notice. NSS makes no warranties, representations or undertakings about any of the content of this Website (including without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content).

15. Subject to paragraph 25 below, NSS will not be responsible for, and excludes all liability in respect of, any claims, losses or damages (whether direct or indirect) arising out of or relating to the use of and/or reliance on the contents of the Website and/or the User Content Pages of the Website, and/or any material or content on linked sites accessed through the Website, and, in particular, NSS will not be liable in defamation, for breach of confidentiality or for intellectual property infringement in respect of any User-generated content, except to the extent that such liability cannot be excluded by law.

16. Nothing in these terms of use shall exclude liability for fraudulent misrepresentation by the NSS or its employees or for death or personal injury resulting from negligence on the part of NSS or its employees.

D. User Content Pages

17. Following the creation of a HIAP-Scotland account, Users have the right to post material on the Website subject to these Terms and Conditions. Users shall only post material which they have personally created unless specific consent has been obtained from the original creator of the material. Where a User wishes to post material they have themselves personally created in the course of employment, permission to do so must be obtained in writing from the relevant employer. Posting of any document which includes trade marks, logos, designs or databases, or any photographs, images or drawings in which third party copyright may subsist, or anything else in respect of which a third party may claim ownership, is prohibited, unless specific consent for use has been obtained from the owning third party. Users warrant that no copyright, trade mark or other intellectual property right is infringed by the posting of any material by them, and by agreeing to these Terms and Conditions Users warrant that all necessary consents have been obtained in relation to the publication of all material.

18. Subject to clause 20, Users shall not post any personal data of any person on the Website. In this context 'personal data' means any data relating to a living individual who can be identified from that data. Inclusion of any sensitive personal data relating to any other person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition, sexual life, or commission or proceedings for any offence committed or alleged to have been committed, the disposal of such proceedings or the sentence of any court in such proceedings is strictly prohibited.

19. In cases where Users wish to include the contact details of any individual or any other third party in the material that they post on the Website, they shall ensure that they seek appropriate consent and authorisation to include such details prior to the submitting of the information for publication on the User Content Pages of the Website. NSS shall assume that consent or authorisation has been obtained in respect of any such details provided by a User, and that such contact has agreed to being contacted by third parties accessing the Website.

20. Any User submitting their own details to be posted on the Website, agrees to their details being shared with any other Users including any Users accessing the Website, and/or only such Users entitled to post content on the User Content Pages, as appropriate. Users from organisations other than NSS who post details about their services confirm their agreement to comments being posted about their services on the Website by other Users.

21. Posting of any material containing any confidential information of any third party by Users on the Website is prohibited. Confidential information includes any information which has been designated as confidential or which is by its nature confidential. NSS accepts no liability for the posting of any such confidential information or material by any User.

22. Users warrant that material posted by them is not false, offensive, defamatory, threatening, obscene or unlawful. Posting of any such material, or any inaccurate or misleading material on the Website is prohibited.

23. Users acknowledge that in posting any content on the Website, they warrant that they have the right to do so and grant NSS a royalty-free, non-exclusive right to reproduce, adapt and/or publish any content solely for the purpose of displaying the content on the Website.

24. NSS does not claim any ownership or control over any content submitted by Users on the Website and nor does it screen, control, edit or conduct regular monitoring of the User Content Pages or any other User generated material posted on the Website. NSS reserves the right to remove any information or material posted by Users at any time, without notice or liability, if at any time the NSS becomes or is made aware that such material constitutes a breach by a User of these Terms and Conditions, is otherwise unlawful or NSS deems its removal necessary for any other reason. If NSS considers that a User is using the Website and/or User Content Pages in a manner detrimental to the sites or other users, for an unlawful purpose, or in a manner which it otherwise deems to be unlawful and/or contrary to the Terms and Conditions, NSS reserves the right to terminate their right to post on the Website and to access the User Content Pages.

25. NSS will keep confidential all information submitted by Users to the User Content Pages which is marked as confidential and/or commercially sensitive and will not disclose the same to third parties (other than to other NHS Scotland bodies or stakeholders who are likewise bound by an obligation of confidentiality). This obligation shall not apply to any information which a) is or becomes generally available to the public (other than as a result of its disclosure by the receiving party in breach of this clause) or b) was available to the receiving party on a non-confidential basis before disclosure by the disclosing party, c) was, is or becomes available to the receiving party on a non-confidential basis from a person who, to the receiving party's knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party or d) required to be disclosed by law, by any governmental or other regulatory authority

26. Users should be aware that NSS is under an obligation under the Freedom of Information Act (Scotland) 2002 to respond to requests from third party individuals or entities for information which it holds, and therefore may be obliged to make disclosures of any material posted on User Content Pages (whether accessible to the public or not) provided none of the exceptions to disclosure under the said Act apply. NSS reserves the right to make this decision without consent from the User but will notify the User of its decision.

27. The operation of the Website or any User Content Page on the Website is not intended to replace in any circumstances any obligation of any User, NHS body or entity relating to the procurement of products or services under procurement regulations and legislation applicable in Scotland and no information or content on the Website should be construed as forming any part of any procurement procedure or process, and nor should it be used by any User or other third party for that purpose.

28. Users acknowledge that all documents and information, including details relating to any projects and contact details, posted on the Website will be publicly available (except in cases where the User posts to a specific page on the User Content Pages, in relation to which access is limited to the other Users with rights to access the page in question, (a "Group")). Users will ensure that any information which is confidential or commercially sensitive is only posted to pages on the User Content Pages. Any references in these Terms and Conditions to Website and/or User Content Pages shall include Groups. It is the responsibility of each User to keep all material posted by it on the Website, including but not limited to documents, details of projects and contact details, up to date.

E. Access and Groups

29 Access to some of the content of the Website and User Content Pages is restricted to persons who have a HIAP-Scotland account and/or are authorised by NSS. In addition, access to some content of a Group is restricted to certain Users who are members of that Group.

30. At the request of a User, NSS may set up a Group, and invite certain other Users to become members of the Group. Membership of a Group by any User is at the discretion of NSS who may invite Users to join a Group, or terminate the existing membership of any Group at any time. NSS reserves the right to appoint a User to manage any Group on its behalf at any time. NSS does not screen, control, edit or conduct regular monitoring of the content posted by Users who are members of a Group and these Terms and Conditions shall apply to all content posted within a Group.

F. Registration/ Personal data

31. Registration on the website and submission of a solution is free of charge. Any personal data that you supply to the website will be treated in accordance with the law on personal data contained in the Data Protection Act 1998.

32. In order to register as an innovator you must provide information about the person who submits a solution and also information about their company. You will be asked to supply the following information: your email address, your full name, company name, company address, type and size of organisation, contact details, you also must read and accept all the terms & conditions.

33. In order to register as an assessor you will be asked to provide the following information: your email address, your full name, contact details, you also must read and accept all the terms & conditions. Please note that we can accept valid NHS email account only for assessor's registration on HIAP-Scotland. If you fail to provide mentioned information or a valid NHS email account your registration will be automatically rejected.

34. NSS will keep your data as long as you are registered. You can view and edit your personal data and information about your company at any time by clicking on "My account" and then "Edit account". If you wish to cancel your account you can contact the admin team at nss.innovationportaladmin@nhs.net and we will remove your registration details from our system and your account will be deleted.

G. Availability of the NHS National Services Scotland website

35. Although this Website has been tested and should work correctly under normal circumstances there are many factors both within and outside of the control of NSS which may prevent the Website from being available to users of the World Wide Web. No responsibility is accepted by NSS for any losses that may arise from an inability to access resources on this site. Where a user finds a specific error in the coding of a web page, or where he/she considers a page to be in breach of accessibility or other published policies of this website, it is a condition of use of this site that the NHS National Services Scotland's web team be notified in order that appropriate action may be taken. If you encounter any problems with the website, please contact Graham Lockhart (NSS Web and Portal Development Manager) on 0131 275 6491, or e-mail graham.lockhart@nhs.net. Further information is available at http://www.nhsnss.org/pages/home/accessibility.php

H. Governing laws

36. These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and Users agree to submit to the exclusive jurisdiction of the Scottish courts.