Terms of Use

These Terms of Use govern your use of this website including your use of any materials, information and services which may be made available to you from this website.
By using the website you accept and agree to be bound by these Terms of Use. These Terms of Use supersede any and all previous Terms of Use relating to your use of this website or any related websites. We may amend these Terms of Use at any time by posting such changes on the website. It is your responsibility to familiarise yourself with these Terms of Use regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised Terms of Use.

1.) Disclaimers and Liability
2.) eSpace
3.) Your obligations
4.) Uploading Content
5.) Participation in eSpace
6.) Availability of eSpace
7.) Registration of your details
8.) Ownership and Licence
9.) Links
10.) Modifications to this Term of Use
11.) Termination
12.) General
13.) Monitoring
14.) Contacting us

Appendix A: eSpace Fair Processing Policy

1.) Disclaimers and Liability

NHS CFH has used all reasonable care and skill in creating the website and collating, creating and publishing the information on this website but makes no guarantee or warranty as to the accuracy of this information, that this information will meet individual requirements or that the website will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
The purpose of eSpace is not to provide healthcare information to patients: it should be understood that the website is provided for information and guidance only and is not intended to replace proper consultation, advice or treatment from appropriately qualified health professionals.
This website and the materials published or posted on this website are intended for use within the United Kingdom only. NHS CFH makes no guarantee, promise or representation that any information, guidance or service provided from this website is suitable for use in any other countries. Users who access this website from other locations do so at their own risk.
You acknowledge and agree that NHS CFH will not be liable to you or any person for any claims, losses or damages (whether direct, indirect or consequential) that may arise from your use of this website or any materials or information published on this website, except to the extent that such liability cannot be excluded by law.
Save as precluded by law, NHS CFH and its affiliates will not be liable to you for any indirect, incidental or consequential damages or expenses arising from breach of contract, tort or otherwise in connection with these Terms of Use, this website and/or the content posted by you (including but not limited to any loss of data, loss of profits, damage to goodwill or reputation, loss of savings, business interruption or wasted expenditure) howsoever arising out of your use of this website even if we have been advised of (or know or should have known of) the possibility of such damages.
This website and the content of this website are provided on an "as is" and "as available" basis. Other than expressly set out in these Terms of Use, NHS CFH makes no representations or warranties, express or implied, including any warranties of accuracy, correctness, timeliness or fitness for a particular purpose. To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
You agree to indemnify, defend and hold harmless NHS CFH and its employees, contractors and sub-contractors, against any liability (including but not limited to damages, losses, claims and costs) from any claim or cause of action arising out of or in connection with your breach of these Terms of Use and, in particular, (but without limitation), any claims or cause of action relating to any content posted by you on this website.

2.) eSpace

eSpace provides you with a rich collection of online facilities, rights and obligations.
eSpace has many different interactive services that include:
• News, Documents and Links, including documented processes compiled and contributed by other users;
• Discussion Forums;
• Polls and surveys
• Email bulletins from communities
• Members' Directory which allows you to search for peers and other practitioners in eSpace.

3.) Your obligations

You may only use eSpace (including any Content you access, copy or download) for either the lawful purpose(s) of the Public Sector or your own personal non-commercial use, and in any event in accordance with this Term of Use.
You agree:
not to use eSpace for your personnel financial or commercial gain.
not to use eSpace content for your financial or commercial gain, either directly or by creating derived works without explicit permission.
to comply with any legal notices contained in eSpace (including in any Content); and
to respect and comply with the legal rights of others, in particular our rights, and the rights of our licensors (please see the paragraph on Ownership below) and any rights of individuals under the Data Protection Act 1998, the law of confidentiality, and the right of privacy under Article 8 of the Human Rights Act 1998.

In addition you agree NOT to upload, post, email or otherwise send (together "upload") or knowingly receive any content which:
is illegal under UK law by reason of being: fraudulent, offensive, threatening, abusive, harassing, obscene, defamatory, invasive of another's privacy, or discriminatory whether racially, ethnically, sexually, religiously or otherwise, or which may incite or instruct any person or organisation to undertake such activities;
contains any viruses, trojan horses, worms, time bombs or any similar component likely to cause harm;
constitutes an advertisement or encouragement to trade with any specific organisation outside of the NHS;
constitutes an advertisement, encouragement or recommendation to trade or invest in stocks, shares, or financial instruments.
infringes our legal or copyrights, or those of any other person or organisation;
you pass yourself off as, or impersonate another person or entity, including any Public Sector Organisation or NHS official, or otherwise misrepresent yourself or your connection with a third party in any way that would result in the information that you supply being misleading or tending to obscure your true identity. Is private or confidential information, specifically, but not limited to patient information, commercial or private financial information.

4.) Uploading Content

In addition to your obligations you shall only upload Content:
in accordance with any legal rights of other persons, including any rights under the Data Protection Act 1998, the common law duty of confidentiality

You warrant and undertake that any Content you upload is accurate and up to date, and of a quality reasonably appropriate to the nature of the Content.

You warrant and undertake to only upload photographic images to your profile in the member directory that are an accurate representation of yourself.
You warrant and undertake to ensure that no copyright or other Intellectual Property (IP) Rights will be infringed by either:
Your uploading of any Content; or
Such Content being accessed, downloaded and used (in accordance with this Term of Use) by Users.
IMPORTANT: Unless you include a clear legal notice, prominently positioned on the first page of any Content you upload, informing Users of any restrictions in their use of such Content, it will be deemed that Users are free to access, download and use such Content as they see fit, in accordance with this Term of Use.
IMPORTANT: We reserve the right to either block access to, delete or amend any Content which you upload, as and when we deem appropriate (in our absolute discretion) from time to time, without notice to you.
If we receive any complaint in relation to any Content you have uploaded or other activity connected to eSpace, in addition to our right to block access to, delete or amend such Content, we shall also be entitled to terminate your access to eSpace.
Where we consider it appropriate, we will endeavour to contact you to inform you that a complaint has been received in relation to Content which you have uploaded, posted or a comment you made in a forum the action that we have taken, our evaluation of the allegation, and what steps (if any) we require you to take.

5.) Participation in eSpace

By being a member of eSpace we encourage you to actively participate in discussions, post new content and share information that you believe will be of benefit to other eSpace users.
eSpace is designed to promote and encourage discussion and debate on important topics. eSpace members are expected to-
Be supportive of other users.

Act in an appropriate and professional manner
Take a mature approach to differences of opinion.
Point out less serious issues or concerns with an item of content (i.e. those that do not immediately breach these Terms of Use) with the author of the item in question. Should this not resolve the issue, then raise it with the Coordinator of the relevant eSpace Community and/or the site administrator (via the contact link on the site).
Notify the site administrator immediately of any items that do appear to breach these Terms of Use, via the Report this Item and/or Contact links on the site.
We encourage eSpace users to log on at least once a month to ensure that they are kept up to date with all the latest news and discussions that are being held. We also encourage you to promote eSpace to your colleagues informing them of the benefits of using eSpace.

6.) Availability of eSpace

We shall use reasonable endeavours' to ensure that eSpace is available between the hours of 09.00 and 17.00 Monday to Friday, excluding public holidays. While eSpace may be available outside of those times, we make no representation or guarantees as to such availability.
We reserve the right to withdraw access to all or any part of eSpace for periods of time in order to modify Content, scheduled or emergency maintenance and other purposes without notice to you.
Since you will receive eSpace via third party telecommunications networks, you acknowledge that we cannot guarantee that the availability of eSpace will be uninterrupted or error free. Similarly we cannot guarantee that the transmission of any information over such telecommunications networks will be secure nor that you will be able to access eSpace at all times.

7.) Registration of your details

In order to register as a member of eSpace you must have a valid email address.
When registering, you agree to provide accurate, up-to-date and complete information about yourself, as prompted by eSpace ("Your Data") and to promptly update Your Data as and when any changes to Your Data occur.
In return we agree to use Your Data only in accordance with the eSpace fair processing Policy and in conjunction with NHS's Privacy Policy. Where there is any doubt or conflict the NHS's Privacy Policy will take precedence.
When you successfully register you will create a User name and Password. You are responsible for keeping your Password confidential and shall take all necessary steps to ensure that it is kept secure and not disclosed to any other person.
You are responsible for ensuring the safety of all other personal information. We recommend that you do not include your home address, home telephone number or other more sensitive personal information, unless you are entirely satisfied that such information should be made public.
IMPORTANT: If you know or suspect that your Password has been disclosed to any other person you must contact us immediately and change your password. Please note that you are responsible for all activities that occur under your eSpace account.

8.) Ownership and Licence

Please refer to the NHS CFH Copyright policy http://www.connectingforhealth.nhs.uk/copyright

9.) Links

eSpace contains links to websites which are not under our control. These links are provided for your convenience only. We are not responsible for the availability or content of such other websites, or for any products or services available from them. Any such link should not be seen as an endorsement of such websites, or any products or services contained on them.
You should be aware that your use of such other websites may be subject to additional Terms of Use imposed by the owners of those websites. Your dealings with such third parties are between you and the third party, and we accept no liability as a result of you accessing such websites or entering into contractual arrangements with the operator in question.

10.) Modifications to this Term of Use

This Term of Use (including the eSpace Fair Processing Policy) may be amended from time to time, and we therefore suggest that you review it periodically.

11.) Termination

We reserve the right to suspend or terminate your registration as a Registered User and/or your access to all or any parts of eSpace;
Where you have materially or persistently breached this Term of Use or eSpace Fair Processing Policy
Where you have changed jobs/ roles and no longer work for the NHS or your role is no longer clearly related to health or social care.

12.) General

Please note the following:
any failure or delay by us to bring legal proceedings in relation to eSpace, its Content or this Term of Use shall not be regarded as a waiver of any rights. Indeed if we do waive any such rights, this shall not be regarded to be a waiver of any other or future rights we may have;
if any paragraph, or part of any paragraph, of this Term of Use is found by any Court, or other competent body to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, that part shall be deemed to be severable from this Term of Use and the remaining provisions of this Term of Use shall continue in full force and effect;
the Term of Use is not intended, nor shall it operate, to create a partnership or joint venture of any kind between us and you, and you are not authorised to act as our agent;
no term of this Term of Use shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 ("Act") by a third party, who is not a party to this agreement save for any other User who shall be entitled to exercise any rights it may have under that Act against you. Notwithstanding that any term of this Term of Use may be or become enforceable by any other User, we shall be entitled to vary, amend, modify, suspend, cancel or terminate our agreement with you in accordance with the other terms of the Term of Use, without their consent;
you may serve any formal notice on us by using the contact us link, and we may serve a formal notice on you, by either first class post or email to the contact details you submitted upon registration (as may be updated by you from time to time) and such notice will be regarded as formally received by the other on the next day that is not a weekend or a public holiday;
this Term of Use represents all the Terms of Use of your agreement with us that arises automatically when you use eSpace, and supersedes any previous agreements between us relating to your use eSpace. If there are any inconsistencies between our Term of Use, our eSpace Fair Processing Policy or any legal notices or instructions, and the Terms of Use set out on this website, then the latter shall prevail;
you acknowledge that (in relation to your use of eSpace) you have not relied on any statement, representation, warranty or understanding made by us or on our behalf (whether or not made negligently) other than those expressly set out in this Term of Use;
this Term of Use shall be interpreted in accordance with English Law and you and we submit to the exclusive jurisdiction of the English Courts.

13.) Monitoring

In order to provide eSpace Users with general support and advice in relation to their use of the Discussion Forums and for security and abuse-management reasons, we reserve the right to:
access and monitor the use of Discussion Forums and any content posted on them; and
take whatever other steps we consider are necessary to protect our users, including editing or removing any Content or suspending or discontinuing any Discussion Forums.
we do not undertake to monitor all content or to monitor the conduct of every user. Coordinators will access the Discussion Forums from time to time in order to help ensure that other users are adhering to this Policy.

14.) Contacting us

You can contact us by sending an email message to: nhscfh.espace@nhs.net.

This Website is operated by NHS Connecting for Health whose address is;

DH Informatics - Policy and Planning Directorate,

First Floor,

Quarry House,

Quarry Hill,

Leeds,

LS2 7UE

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Appendix A: eSpace Fair Processing Policy

Please take a moment to read the following eSpace Fair Processing Policy. This should be read in conjunction with our Term of Use. Please note that words which are defined in our Term of Use also apply to this eSpace Fair Processing Policy. If there is anything you do not understand then please contact us.
We are committed to protecting your privacy online. This eSpace Fair Processing Policy sets out how we treat your personal information, allowing you to make informed choices about the personal information that you provide to us either via our website at www.espace.connectingforhealth.nhs.uk,
If you do not want us to collect, use and/or transfer your personal information in this way then you should (depending on what it is you object to) cease to access and use eSpace and contact us and ask for your registration details to be deleted.
This eSpace Fair Processing Policy may be amended from time to time, and we therefore suggest that you review it periodically.

1. What we mean by personal information
Personal information means any data from which you can be identified (including information such as your name, email address and password) and which concerns you. All personal information that we obtain from you in relation to eSpace will be dealt with in accordance with the provisions of this eSpace Fair Processing Policy and the Data Protection Act 1998.

2. Personal information that we collect
Your "Record " constitutes the information we collect:
• via the "Registration" page as a user comprising various details about you, including your name, email address, job title, and any other comments you may have about your application to register to use eSpace;
• via the "My Profile " page about your areas of interest.
• We also collect personal information when you submit personal information contained in any Content you may upload onto eSpace (including posting messages on a Discussion Forum), or when you email, write to, or telephone us. From time to time we may also request additional information, either by contacting you directly or through eSpace. There will be no obligation on you to provide this additional information.
Finally, we use both sessions and timed cookies to store information about your eSpace log in and current session. If you choose not to have your browser accept cookies, you will only be able to see the public parts of eSpace and will not be able to log in. Please refer to Section 9 of this document entitled About Cookies for more information.

3. How we use your personal information
Your personal information is used by us so that we can administer and support eSpace, and to provide you with access to the appropriate areas and functions of eSpace (including to particular Content) depending on your status as a User. For example:
• access to community area is given only by Subscribers of the relevant community;
• access to certain discussion forums depends on whether you are a Subscriber to the community;
• Subscribers are entitled to access and use the Members Directory (please refer to Section 4 of this document entitled Member Directory Advanced Search for more information);

We may use your personal information:
• to contact you from time to time, in order to ask for your views on eSpace and/or any of the Content and to notify you occasionally about important changes or developments to eSpace;

In addition, where you have not withdrawn your consent to this in the "My Profile" page we may use your personal information:
• for users to access and search the Members Directory (please refer to Section 4 of this document entitled Member Directory Advanced Search for more information);

We may use information provided by you (such as what you think about eSpace and improvements that you would like to see made) or statistical information collected, so that we can improve our service to you or make your visits to eSpace more rewarding. Except in very specific circumstances, we do not disclose any of your information to other parties, except where you have given your consent in the "My Profile" section of eSpace. Otherwise, we reserve the right to give your personal information to a third party without your consent where:
• the disclosure is required by law, such as where there is a court order, or statutory obligation requiring us to make such a disclosure; and/or
• we believe that such disclosure is necessary in order to assist in the prevention or detection of any criminal action (including fraud) or is otherwise in the overriding public interest, and is permitted by law.

4. Member Directory Advanced Search
The Member Directory advanced Search is a search facility accessible by all Subscribers to search for peers, advisers and other practitioners in eSpace, based upon enhanced search criteria (the " Search Facility").
This Search Facility will search through the fields contained in Subscribers' "My Profile" section of eSpace. For example:
• name
• job title;
• skills and experience keywords;
• areas of expertise additional comments entered.

The above information is all provided at your option.
A successful search will produce one or more links to profiles of relevant Subscribers.
These profiles will include information from such person's Records contained in the "My Profile" section of eSpace.
Please note that we may update the "My Profile" section of eSpace which may alter or add to the fields available for the Search Facility. However Subscribers, are free to control whether specific information about them is included in the Search Facility, by removing such details from their "My Profile" section.

5. How we protect your personal information
We are strongly committed to data security and we take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard and secure the information you provide to us. These steps include communicating this eSpace Fair Processing Policy to our employees and relevant contractors. Only authorised employees and contractors under strict controls will have access to your personal information.
However, while we strive to protect your personal information, due to the nature of the internet we cannot guarantee the security of any information you transmit to us. With this in mind, we urge you to take every precaution to protect your personal information while you are on the internet.

6. How long we keep your personal information
We will keep and use the personal information contained in your Record for as long as you are registered as a Subscriber, and for at least 2 years afterwards, in order to deal with any consequent queries or complaints you may have.
If you cease to access eSpace for over 1 year then we shall mark your account as "Blocked" and inactivate your registration. If you wish to use eSpace after such period has elapsed please Contact Us so that we can activate your account.
If you cease to access eSpace for over 2 years then your Record may be deleted from our system, unless there is a specific legal reason or requirement to keep the information for longer, for example if it is relevant to any current or potential legal proceedings.
Any references to you in any current eSpace records and any statistical or anonymised information (from which you cannot be identified) may be kept for longer periods.

7. Access to and updating your personal information
You are entitled to see the information held about you and to amend or update any inaccuracies in your personal information. Any requests for information should be requested to nhscfh.espace@nhs.net

8. Liability
Please read carefully the paragraphs entitled Disclaimers and Your Obligations in the Term of Use, as they also apply to this eSpace Fair Processing Policy.

9. About cookies
Cookies are small files stored in your computer's hard drive by your web browser. When you access eSpace our computer server will access these cookies so that it can recognise your computer, and make using eSpace easier for you.

10. Third Parties
Except for NHS CFH's affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

11. Invalidity
If any of these Terms of Use are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms of Use which shall remain in full force and effect.
If any of these Terms of Use are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make such provision valid and enforceable.

12. Entire Agreement
These Terms of Use, together with our contact details, NHS CFH copyright policy and eSpace Fair Processing Policy, set out the whole of our agreement relating to your access to and use of this website.

13. Waiver
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

14. Governing Law and Jurisdiction
These Terms of Use shall be governed by English law. You agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any disputes which may arise in connection with this website.
Last Updated on September 2009