NHS DIGITAL WEBSITE TERMS AND CONDITIONS

  1. INTRODUCTION
    1. Please read these terms and conditions carefully before you start to use the website.
    2. This is Version 1.0 of these terms and conditions which were most recently updated on 13th May 2019.
  2. DEFINITIONS
    1. As used in these terms and conditions:

      Approved Assessor Organisation means an organisation approved by us to assess apps and which has passed the Preparation Phase, and so achieved "Approved" status.

      Assessor means an Assessor Organisation or an Approved Assessor Organisation.

      Assessor Organisation means an organisation that has passed their application and is within their Preparation Phase, awaiting Approved Assessor Organisation status.

      Developer means an organisation or individual who has an app for publication on the NHS Apps Library.

      Device means the desktop, laptop, mobile telephone, smartphone, tablet, or any other device that you use to access the website.

      Information Standards means the information standards for health and care organisations to follow, so that data can be shared and compared across the sector, as further detailed in Section 7.2.1.

      Login Details means the user name and password which you use to access the website.

      Network Provider means the provider of your network or other facility which you use to obtain internet connectivity and access.

      NHS Apps Library means the apps and digital tools which are published at https://www.nhs.uk/apps-library

      NHS Digital Content means the material on the website, including information, data, text, images, videos, Information Standards, interactive services, links to products and apps, and other works or materials.

      NHS England means the National Health Service Commissioning Board.

      OGL means the Open Government Licence.

      Preparation Phase means the period between an organisation conducting assessments as an Assessor Organisation and demonstrating the experience required to receive full Approved Assessor Organisation status.

      Privacy and Cookies Policy means the policy identified in Section 4.2.1.

      Virus means computer viruses, trojans, worms, logic bombs, disabling code or routines, or other material which is malicious or technologically harmful.

      we, our, us, and NHS Digital are references to the Health and Social Care Information Centre, a non-departmental public body established under primary legislation pursuant to the Health and Social Care Act 2012, and known as NHS Digital.

      website refers to www.dap.nhs.uk including all sections and pages.

      you or your means the authorised representative of a Developer or Assessor accessing and using the website.

  3. TERMS OF USE
    1. These terms and conditions (together with the documents referred to in it) set out the terms and conditions on which you may use the website.
    2. You may access and use the website only if you agree to be legally bound by these terms and conditions. If you do not agree to be legally bound by these terms and conditions you may not access and/or use the website and must immediately leave the website.
    3. By using the website, you are: (i) accepting and consenting to the practices described in these terms of use (such use of the website includes accessing, viewing, interacting with, logging in to, uploading or downloading materials or data to or from, linking to, or using the website in any other way); and (ii) confirming that you accept these terms of use and that you agree to comply with them.
    4. We may refer to third parties on the website, but we do not have any affiliation with, nor do we endorse those third parties by that reference.
    5. Any data or other information you submit to the website may be used by us for any purpose.
    6. We may share your information with other parties, as set out in these terms and conditions.
  4. OTHER APPLICABLE TERMS
    1. To use the website you will require internet connectivity and/or appropriate telecommunication links.
    2. The following terms also apply to your use of the website:
      1. Our Privacy and Cookies Policy can be found at www.dap.nhs.uk/PrivacyPolicy which sets out detailed information about the cookies we use and the purposes for which we use them on the website, and the terms on which we process any personal data in relation to your use of the website that:

        (i) you may provide to us;

        (ii) we may collect from you;

        (iii) we may receive about you from third parties; or

        (iv) we may share with third parties.

      2. Where indicated, any additional terms and conditions which may apply to specific sections of these terms and conditions.
      3. Any terms and conditions in relation to your internet access or use of your Device, including those put in place by your Network Provider.
      4. The terms which apply to your use of the website under the laws of the country in which you reside and/or from where you access and use the website.
  5. CHANGES AND UPDATES
    1. We may make changes at our discretion to the content and features of the website, these terms and conditions, the terms and conditions applicable to any specific sub-site, the Privacy and Cookies Policy and any other policies or links applicable to your use of this website, at any time and for any reason without providing notice of those changes to you.
    2. The date of the most current version of these terms and conditions is set out above in Section 1.2. When we make changes we will endeavour to make copies of prior versions of these terms and conditions available to you.
    3. Your continued use of the website after an update has been made signifies your acceptance of those changes. Depending on the update, you may not be able to use the website unless you have accepted any new or additional terms.
  6. USE OF THE WEBSITE
    1. Information about you and your visits to the website
      1. We may process information about you in accordance with our Privacy and Cookies Policies. By using the website you consent to such processing and you warrant that all data provided by you is accurate.
    2. Freedom of Information
      1. The data rights and responsibilities of NHS Digital are governed by the Freedom of Information Act 2000 and the Data Protection Act 2018. Our policy and other information on this topic can be found at https://digital.nhs.uk/freedom-of-information
    3. Costs
      1. We will not charge you to access the website.
      2. We are not involved in any commercial arrangement made between an Assessor and a Developer, nor are we responsible for any payments made between those parties. Any commercial arrangement entered into between an Assessor and a Developer based on the information provided on the website is entered into solely at your discretion and at your own risk.
    4. Accessing the website
      1. Your status as a Developer or Assessor in relation to the use of the website requires you to enter into a legal agreement with us, and to receive our authorisation as to your status, which we may give or remove at any time at our discretion for any reason.
      2. We do not represent that the website and/or content available on it are permitted by law, or is appropriate or available in the location from which you access the website. We may limit the availability of the website to any person or geographic area at any time at our discretion.
      3. You are required to have a compatible Device with supported software on it to use the website, as set out in Section 6.5.
    5. Accessibility and browsers
      1. We aim to make the website and the material provided accessible to as many people as possible. The website is designed to work with the latest versions of Microsoft Edge, Internet Explorer, Google Chrome and Apple Safari, and uses standards which should work on the majority of browsers in use.
      2. We offer no warranty for the website working in any particular browser or configuration. Please note that you may see inconsistencies in the presentation of pages if you are using an older or deprecated version of a browser, or the website may not work at all. Information on the accessibility of the website can be found at www.dap.nhs.uk/Accessibility
    6. Registration, login, and security
      1. In order to use the website and/or access certain content, systems, or features on the website, you will need to complete an online registration form and create Login Details. These Login Details will consist of a user identification name and password. You may be asked to provide additional information as required as part of our security procedures.
      2. As a minimum, passwords must be 12 characters in length, and must have a level of complexity which ensures they cannot be easily guessed by hackers or malicious software.
      3. In line with Government best practice, we recommend using the "three random words" approach, which uses three or more randomly chosen words such as:

        saloonbadgertree

        or

        coffeetrainfish

        These words should be random, and not related personally to you (so not involving a favourite thing, holiday, or relative, etc.).

      4. We may ask you to change your Login Details, or manually enter your Login Details from time to time as a security measure. We do not recommend using biometric data (such as fingerprints or facial recognition) to store your Login Details if other people can also access your Device using their biometric data.
      5. You must treat your Login Details as confidential and you must not disclose them to anyone. Should other members of your organisation need to access the website, you can request separate login details for those individuals when you have logged in to the website.
      6. You agree to provide true, accurate, current and complete information about yourself when registering for and using the website and you agree to keep this information up to date and accurate at all times.
      7. Unless directly caused by us, you are responsible for, and agree to hold us harmless from, any unauthorised access or changes to your account resulting from shared or unauthorised access to your Device or other individuals having access to your Login Details.
      8. If you know or suspect that anyone other than you knows your Login Details or that your website account has been compromised, you must promptly: (i) notify us at m.health@nhs.net; and (ii) change your Login Details.
    7. Prohibited uses of the website
      1. You may only use the website for lawful purposes, and agree not to access without authority, interfere with, damage or disrupt:

        (i) any part of the website;

        (ii) any equipment or network on which the website is stored;

        (iii) any software used in the provision of the website; or

        (iv) any equipment or network or software owned or used by any third-party.

      2. You may not use the website:

        (i) in any way that breaches these terms and conditions or any applicable local, national, or international law or regulation;

        (ii) unlawfully, fraudulently, maliciously, or in any that is harmful to NHS Digital or other users, or has any unlawful, fraudulent, malicious, or harmful purpose or effect;

        (iii) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms and conditions;

        (iv) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

        (v) to knowingly send or transmit any data that contains Viruses;

        (vi) with the Login Details of another user, or permit any unauthorised person to use your Login Details to use the website;

        (vii) in any way which would change the website or infringe on any intellectual property rights in relation to using the website;

        (viii) in any way which attempts to unencrypt or otherwise intercept any transmission of data from the website to our servers, or to any applicable third parties; and

        (ix) in any way which could disable or compromise the security of the website, or that belonging to any third party, or interferes with the use of the website by other parties.

  7. INTELLECTUAL PROPERTY RIGHTS
    1. General
      1. Unless otherwise indicated, we are the owner or the licensee of all intellectual property rights in the website and our material published on it, including the individual articles, items, media files, assets published, and all NHS Digital Content, and are the owner of all intellectual property rights of any nature arising out of or in connection with the use of the website, including all trademarks, copyright, database rights, and other intellectual property rights (including the appearance and branding of the website). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
      2. In using the website, you acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration, or otherwise) throughout the world, in the website and all NHS Digital Content are owned by or licensed to us, unless otherwise indicated. Some NHS Digital Content may include identifiable third-party content for which we will have sought permission for its inclusion.
      3. We grant you a non-exclusive, revocable, and limited right to use the website solely in accordance with these terms and conditions. Except for your use of the website in accordance with these terms and conditions, you are granted no rights in respect of the website or any NHS Digital Content.
      4. The website may utilise or include open source software code of third party software and copyrighted material or may be subject to third party or open source licences.
      5. At no time do you have permission to use our name or branding in any way without first obtaining our prior written consent, which may be granted or rejected in our sole discretion. Should we grant you permission to use our name or branding, you may only use our name and branding in strict accordance with the guidelines we provide.
      6. The intellectual property rights associated with the branding, name, or use of the same belonging to any third party mentioned on the website, if any, remain with those companies, and you may not use that intellectual property without first obtaining explicit consent to do so from the applicable companies.
      7. You will not, or allow any third parties to on your behalf, to:

        (i) make and distribute copies of the website;

        (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the website;

        (iii) create derivative works of the website;

        (iv) remove or tamper with any copyright notice attached to or contained on the website;

        (v) rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify any part of the website; or

        (vi) make alterations to, or modifications of, the website or permit the website to be combined with, or become incorporate in, any other programmes.

      8. In using the website, you are solely responsible for compliance with any technology control or export laws and regulations which may apply to the technology used or supported by the website.
      9. Any materials belonging to us or another user of the website which you print and/or retain from the website are provided to you for your record-keeping purposes only, provided that they are kept strictly confidential for so long as you retain them. You must not modify any materials you have downloaded in any way from the website, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the website must always be acknowledged. While we place no restrictions on you sharing your own materials with any other user of the website, you may not use materials belonging to another website user without first obtaining permission of that user. If you print off and/or retain any part of the website belonging to us or another user of the website in breach of these terms and conditions, 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.
    2. Your use of NHS Digital Content
      1. In relation to material found on the website, the Information Standards are published by us and apply to organisations in the health and social care sector. They relate to the processing of information such that data can be shared, compared and understood across the sector, and used for planning, monitoring and good patient care. For further details please see https://digital.nhs.uk/data-and-information/information-standards. The Data Co-ordination Board (DCB) assures the quality of the Information Standards.
      2. You may only use NHS Digital Content if you have first obtained our prior written consent, which may be granted or rejected in our sole discretion. Any of your use of NHS Digital Content must always be strictly in accordance with the terms of the legal agreement you have entered into with us and any of our applicable guidelines.
  8. UPLOADING CONTENT TO THE WEBSITE
    1. Subject to any restrictions imposed by us, you may be able to upload content to the website if we make that feature available to you. Whenever you make use of a feature that allows you to upload material to the website (for example, when you respond to queries about an app, contact other users of the website, or submit any apps or products), you must comply with any additional terms and conditions which we determine may be relevant and any requirements or guidelines set out on the website. Any content you upload to the website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute, and disclose to third-parties any such material for any purpose. You retain all of your ownership rights in your content, but by uploading content you are explicitly granting us a perpetual, irrevocable, royalty-free, worldwide licence to use, store and copy that content and to distribute and make it available to anyone as we see fit without any recourse or payment to you. We may disclose your identity: (i) To the extent that we are legally permitted to do so, 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 (ii) wherever disclosure is required or permitted by law, code of practice, or otherwise requested by law enforcement agencies or by a court of law. By uploading content to the website you agree that we are solely responsible, in our absolute discretion and without consulting with you, for determining whether your identity and any of the content you upload to the website may be disclosed to or shared with a third party.
    2. We have the right to remove any material or posting you make on the website if, in our opinion, such material does not comply with the standards set out in these terms and conditions, or for any other reason at our discretion.
    3. You are solely responsible for any content that you upload to the website and for securing and backing up your content. We will not be responsible, or liable to you or any third-party, for the content or accuracy of any materials posted by you or any other user of the website.
    4. You warrant that all statements submitted, and all answers given to questions on the website are truthful.
  9. THIRD PARTY LINKS AND WEBSITE RESOURCES
    1. The website may contain some material provided by third parties. We are not responsible or liable for the content, accuracy, or reliability of any external sites we link to from the website. Where the website contains links to other sites and/or resources provided by third parties, these links and/or resources are provided for your information only. Such links should not be interpreted as approval of or endorsement by us of those linked sites or information you may obtain from them.
    2. We have no control over the contents of any third party sites or resources and any use of them by you is solely at your own risk.
    3. We aim to replace broken links to other sites but cannot guarantee that these links will always work as we have no control over the availability of other sites.
    4. Due to the very nature of the internet we cannot guarantee our website or other sites we link to will always be available to you.
    5. No third party is permitted to link any other website to the website without obtaining our prior written consent.
    6. If you wish to make any use of content on the website, please contact us at m.health@nhs.net.
  10. NO RELIANCE ON INFORMATION
    1. We are not liable to you for any loss or damage arising from action or inaction resulting on your reliance on the information, content, or materials displayed on the website.
    2. NHS Digital and NHS England are not the owners, managers, or suppliers of any apps or services on the website which are used to assess an app or which are submitted to be assessed. NHS Digital sets the standards for the assessment of apps, but this does not mean that NHS Digital or NHS England have reviewed any or all aspects of each app or assessment service. NHS Digital and NHS England are not responsible or liable for any advice, or any other information, services, or products that you obtain using the website.
    3. NHS Digital and NHS England make no guarantees that the content or any information provided on the website is accurate, error-free, complete, or up-to-date. The website, all NHS Digital Content, and all material relating to Government information, products, and services (or to third-party information, products, and services), is provided "as-is" without any endorsement and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Whilst NHS Digital does try to ensure that all information on the website is correct, NHS Digital and NHS England are not liable for any errors or omissions, and cannot be responsible for any impact these have on you.
    4. To the extent permitted by law, NHS Digital and NHS England exclude all other conditions, warranties, representations or other terms which may apply to the website or any content on it, whether express or implied.
  11. LIMITATION OF OUR LIABILITY
    1. In no event will NHS Digital or NHS England be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the website. Should a court of competent jurisdiction find either NHS Digital or NHS England liable to you in relation to your use of the website (regardless of form of action or timing), then that liability to you for loss or damage which you suffer under any claim or series of connected claims arising from the same cause will be limited up to a maximum of £1.00 in the aggregate. Nothing in these terms and conditions will operate to limit or exclude liability for death or personal injury arising from negligence, liability for fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
    2. Neither NHS Digital nor NHS England will 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:
      1. use of, or inability to use, the website;
      2. use of or reliance on any content displayed on the website;
      3. loss of profits, sales, business, or revenue;
      4. business interruption;
      5. any loss in connection with any error, omission, defect, Virus or system failure;
      6. loss of anticipated savings or investment gains; or
      7. loss of business opportunity, goodwill, or reputation.
    3. Neither NHS Digital nor NHS England will be liable for any loss or damage caused by a Virus which may infect your Device, computer equipment, computer programs, data or other proprietary material due to your use of the website or in relation to your downloading any content from the website, or on or from any third party website linked to the website.
    4. Neither NHS Digital nor NHS England assumes any responsibility for the content of third party sites linked on the website. Such links should not be interpreted as an endorsement of those linked sites. Neither NHS Digital nor NHS England will be liable for any loss or damage that may arise from your use of them.
    5. To the extent permitted by law, NHS Digital and NHS England each exclude all other conditions, warranties, representations or other terms which may apply to the website or any content on it, whether express or implied.
    6. You agree to reimburse NHS Digital and NHS England for any losses that either incurs as a result of your:
      1. breach of, or failure to comply with, these terms and conditions; or
      2. use of the website.
  12. SUSPENSION/TERMINATION OF WEBSITE USE
    1. We do not guarantee that the website, will always be available or be uninterrupted. Access to the website is permitted on a temporary basis.
    2. We may suspend, withdraw, discontinue or change all or any parts of the website without notice and without compensation to you.
    3. We may, at any time, suspend or terminate your Login Details and/or use of the website (in whole or in part) temporarily or permanently. We may do this:
      1. if we are making repairs, updates, or conducting maintenance on our systems;
      2. if we have concerns about the security of the website;
      3. if we suspect that your Login Details have been compromised or used fraudulently or in an unauthorised way;
      4. if we suspect that you may be using the website in a fraudulent or unauthorised way or in violation of these terms and conditions;
      5. if there are legal obligations which we have to meet;
      6. if we are prevented from providing the website for any reason beyond our reasonable control;
      7. if you have not accessed or used the website for a period of 12 months or more; or
      8. for any other reason at our absolute discretion.
    4. We will endeavour to give you advance notice of any suspension or termination, but may not be able to do so in all circumstances. We will not provide notice to you if providing that notice would compromise our security measures or is unlawful.
    5. You may request the reactivation of your Login Details if we suspended or terminated your access, but we are under no obligation to do so.
    6. We will not be liable to you if for any reason any part of the website is unavailable or inaccessible to you at any time or for any period.
    7. You can terminate your use of the website at any time by informing us in writing at m.health@nhs.net and by no longer using your Login Details. It is your responsibility to remove any saved Login Details from your Device if you wish to terminate your use of the website, or if you change your Device or otherwise dispose of it.
  13. VIRUSES
    1. We do not guarantee or warrant that the website or the server that makes it available will be secure or free from Viruses, that the functions of this website will be uninterrupted or error free, that defects will be corrected, or represent the full functionality, accuracy, or reliability of the materials.
    2. You are responsible for configuring your Device in order to access the website safely. You should use and maintain your own virus protection software.
    3. You must not misuse the website by knowingly introducing Viruses. 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 website via a denial-of-service attack or a distributed denial-of service attack.
  14. HOW WE MAY CONTACT YOU
    1. By registering to use the website and receiving Login Details, you are giving us permission to contact you from time to time by using any of the methods which you have authorised during the registration process.
    2. You are responsible for keeping us updated if your contact details change. We are not responsible if we are not able to contact you, or if your contact details are out of date.
  15. MISCELLANEOUS
    1. These terms and conditions constitute the entire agreement between us in relation to your use of the website.
    2. If any part of these terms and conditions becomes or is held by a court to be invalid, illegal, or unenforceable, this will not affect the validity of the remaining provisions which will remain in full force and effect.
    3. Ceasing to use the website does not affect any provision of these terms and conditions, which are expressly or by implication intended to continue on in effect.
    4. We may transfer our rights and obligations under these terms and conditions to another organisation at any time and at our discretion. You may not transfer your rights or obligations to anyone else.
    5. No attempt by you to vary these terms and conditions will be valid.
    6. These terms and conditions, its subject matter and formation (and any non-contractual disputes or claims), and the use of the website, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England in respect of any disputes or causes of action arising under these terms and conditions or the use of the website.
  16. CONTACT US
    1. If you have any queries in respect of your use of the website or these terms and conditions please contact us by email or post at:

      Email:
      Post:
      NHS Digital
      1 Trevelyan Square
      Boar Lane
      Leeds
      West Yorkshire
      LS1 6AE
      United Kingdom