The Database has been developed for use by Design Stakeholders (the Stakeholders) involved in UK Healthcare Projects. Authorised persons will be permitted to use the Database to review the data/information they are responsible for. This data/information is included in Room Data Sheets (the RDS), which contribute to the Design and Development of Healthcare Projects (the Projects), as well as forming part of PFI and Construction contracts.
1 INFORMATION ABOUT US
The Database is operated by Martin James Medical Limited (‘We’). We are registered in England and Wales under company number 2261276 and have our registered office at St Piran House, Heron Way, Newham, Truro, Cornwall, TR1 2XN.
2 ACCESSING THE DATABASE
2.1 Access to the Database is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice (see below). We will not be liable if for any reason the Database is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of the Database to users who have registered with us.
2.3 You will be provided with a username and password that is unique to you.
2.5 You are responsible for all activities that occur under your username and password.
2.6 You agree to notify us of any unauthorised use of your username and password or any other breach of security of which you are aware.
2.7 You are responsible for making all arrangements necessary for you to have access to the Database. You are also responsible for ensuring that all persons who access the Database through your internet connection, and your username and password, are aware of these terms, and that they comply with them.
2.8 You acknowledge that your use of the Database may be subject to interruption or delay.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 We are the owner or the licensee of all intellectual property rights (including, but without limitation, all copyright, design rights and database rights) in the Database, together with the website through which it is provided (including, without limitation, any source code). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may not use, copy, or transfer the design or any print-out of the Database (in whole or in part), except as expressly provided for in these terms and conditions or otherwise authorised by us in writing.
3.3 If you copy the design or allow another party improper access to the Database your access may be automatically terminated.
3.4 You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the design of the Database.
3.5 You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the data or design.
3.6 A proportion of the data within the Database may have originated from the Department of Health’s Activity Database System (ADB), for which we hold the required licence and subscription to use.
3.7 Please note that all data of ADB origin is protected under Crown Copyright.
4 YOUR UNDERTAKINGS
You undertake to:
4.1 ensure that, prior to use of the Database by your employees or agents, all such parties are notified of and agree to abide by these terms and conditions;
4.2 hold Database data and all other information relating to the Database strictly confidential and not at any time, whether directly or indirectly, to disclose such information to any other party without our prior written consent;
4.3 immediately cease use of the Database upon the expiry or termination of your agreement with us to use the Database;
5 THE DATABASE CHANGES REGULARLY
The Database is being continuously updated and the content may change at any time. If the need arises, we may suspend access to the Database, or close it indefinitely. Any of the material contained within the Database may be out of date at any given time, and we are under no obligation to update such material.
6.1 The term during which you may use and access the Database will be set to meet the variable demands of the Project. However, we reserve the right to terminate access to the database at any given time.
6.2 We may terminate your use of the Database at any time upon your breach of these terms and conditions of use.
7 OUR LIABILITY
7.1 We warrant that the Database will perform substantially in accordance with its accompanying documentation (including, without limitation, the help documents) provided that the Database is properly used with the system and internet connection for which it was designed and that the documentation correctly describes the operation of the Database in all respects.
7.2 If the Database does not operate in accordance with these terms and conditions, then our liability is limited any amount paid by you to subscribe to use the Database.
7.3 The information contained within the Database is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Database or in connection with the use, inability to use, or results of the use of the Database and any materials posted in it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.4 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7.5 Your statutory rights are not affected by anything contained within these terms and conditions.
8.1 Access to the Database using your username and password is authorised for your use only, and that of your employees (where applicable).
8.2 You are not entitled to assign, transfer, subcontract or otherwise part with any right or obligation contained within these terms and conditions without our prior written consent.
8.3 Failure to comply with this condition 9 will result in your access to the Database being terminated immediately.
9 DATA PROTECTION
Any personal data you provide will be held securely and in accordance with the Data Protection Act 1998. We will use your personal data for the purpose(s) in relation to which you have provided it. We may additionally need to disclose information where there is a legitimate reason for disclosure (such as a court order) but we will ensure that we always comply with the Data Protection Act 1998.
10 VIRUSES, HACKING AND OTHER OFFENCES
10.1 You must not misuse the Database by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Database, the server on which the Database is stored or any server or computer connected to the Database. You must not attack the Database via a denial-of-service attack or a distributed denial-of service attack.
10.2 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 Database will cease immediately.
10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Database or to your downloading of any material posted on it, or on any website linked to it.
11 FORCE MAJEURE
We accept no liability whatsoever if we are prevented from or delayed in performing our obligations under these terms and conditions or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
12 JURISDICTION AND APPLICABLE LAW
14.1 If any provision (or part of a provision) of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
14.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
15 ENTIRE AGREEMENT
These terms and conditions, together with any documents referred to herein, constitute the complete and exclusive statement of the agreement between you and us with respect to the use of the Database and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to the Database.
Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party’s rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice that party’s right to take subsequent action.
17 RIGHTS OF THIRD PARTIES
These terms and conditions are for the benefit of you and us only and (where applicable) our successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.
18 YOUR CONCERNS
If you have any concerns about the Database, please contact us at firstname.lastname@example.org.