Terms and Conditions

PLEASE READ CAREFULLY BEFORE USING THE PLATFORM AND THE WEBSITE:

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Golder Medical Services Ltd a company registered in England and Wales with registered address 11 Queens Road, Brentwood, Essex, CM14 4HE and with registered number 07734528 (Licensor, us or we) for:

  • an online electronic feedback and e-portfolio platform which is intended for use by individual Doctors and an Advanced Appraisal Manager System for Designated Bodies which is found on this website (Platform); and
  • online materials and documents, including but not limited to translations of General Medical Council feedback questionnaires, found on this website (Documents).

We license use of the Platform and Documents to you on the basis of this Licence. We do not sell the Platform or Documents to you. We remain the owners of the Platform and Documents at all times.

IMPORTANT NOTICE TO ALL USERS:

  • BY CLICKING ON THE "AGREE TO THE TERMS AND CONDITIONS" BOX, YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 4.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE PLATFORM AND DOCUMENTS TO YOU AND YOU MUST NOT CLICK ON THE “AGREE TO THE TERMS AND CONDITIONS” BOX AND MUST IMMEDIATELY DISCONTINUE ACCESSING AND/OR USING THE PLATFORM ANY DOCUMENTS.

You should print a copy of this Licence for future reference.

  1. 1. GRANT AND SCOPE OF LICENCE
    1. 1.1 In consideration of payment of the annual licence fee (“Licence Fee”) and of you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Platform and the Documents on the terms of this Licence. This licence is for use by:
      1. (a) an individual subscriber (a Doctor) who pays for, accesses and uses the Platform themselves for colleague and patient feedback and the e-portfolio (“Individual Subscriber”); or
      2. (b) an institutional subscriber who is an administrator, responsible officer, appraisee and/or appraiser of a medical practice, hospital and/or NHS institution (“Designated Body”) who accesses and uses the Platform for the coordination of appraisals and/or for colleague and patient feedback (“Institutional Subscriber”). Such use and access is paid for by the Designated Body;
    2. 1.2 This Licence commences on the date on which you first register to use the Platform and shall:
      1. (a) remain in force for a period of 12 months (“Initial Term”) if you are an Individual Subscriber. Following the Initial Term the licence may be renewed for further 12 month period(s) upon the payment of the then current Licence Fee, (each a “Renewal Term”), or
      2. (b) be coterminous with the agreement entered into between Us and the Designated Body if you are an Institutional Subscriber;
        unless terminated in accordance with Condition 5.".
    3. 1.3 You may access and use the:
      1. (a) Platform for your (i) personal professional purposes (if you are an Individual Subscriber or an appraisee subscribing as an Institutional Subscriber) or (ii) your internal business purposes (if you are an Institutional Subscriber who is not an appraisee subscribing as an Institutional Subscriber) and
      2. (b) Documents in support of the permitted and make or print a reasonable number of copies of the Documents as are reasonably necessary for its lawful use to optimise professional performance. You acknowledge that your use of the Platform is in a professional capacity and will not make any use of the Platform as a consumer.
    4. 1.4 We agree to:
      1. (a) Comply with the Data Protection Act 1988 as a Data Processor;
      2. (b) Use reasonable endeavours to maintain data security, by using encrypted browsers and appropriate anti-hacking software;
      3. (c) Maintain confidence in the personal information you upload;
      4. (d) Not share any personal, colleague or patient data with any third party company or individual other than to provide the Platform and associated services to you.
    5. 1.5 Where you are an Individual Subscriber we also agree to:
      1. (a) Provide you with the facilities for colleague and patient feedback;
      2. (b) Provide you with 2 feedback credits for you to automatically generate one of each of the reports. There is no time limit in which to use the credits and you may do so at any point during the Term. You will have access to this facility until the credits have been used; if there is no Renewal Term, you will still be able to access the site to use any feedback credits you have remaining.
      3. (c) Provide you with access to the Platform for the Initial Term for full use of the e-portfolio. Thereafter, if there is no Renewal Term you will still be able to access the site to view / download your stored documents for an unlimited time. However, you will be unable to upload new documents.
    6. 1.6 Where you are an Institutional Subscriber we also agree to provide you with a platform for appraisals and colleague and patient feedback.
  2. 2. RESPONSIBILITIES
    1. 2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake during the Term and thereafter:
      1. (a) not to copy the Platform or Documents except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
      2. (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform or Documents;
      3. (c) not to make alterations to, or modifications of, the whole or any part of the Platform, nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;
      4. (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform;
      5. (e) to keep the Platform and your access thereto, secure;
      6. (f) to include our copyright notice on all entire and partial copies you make of the Platform on any medium;
      7. (g) not to provide or otherwise make available the Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
      8. (h) not to misuse the Platform;
      9. (i) to comply with the Data Protection Act 1988 (as amended and updated from time to time); and
      10. (j) to comply with all applicable technology control or export laws and regulations.
    2. 2.2 Where you are an Individual Subscriber you also agree during the Term and thereafter to:
      1. (a) Undertake the General Medical Council, UK, surveys with honesty and not fabricate any of the data on the questionnaires;
      2. (b) Take full responsibility for obtaining consent in advance from patients for gaining feedback from them;
      3. (c) Take full responsibility for obtaining consent in advance from patients for using their email addresses and mobile phone numbers for the purpose of feedback alone;
      4. (d) Take full responsibility for generating the output documents, in accordance with your employing body’s requirements for actual numbers of questionnaires that need to be completed;
      5. (e) Not question the validity of your own results data;
      6. (f) The storage of your own anonymised output data, by GoodMedicalPracticeSurveys.com, for the sole purpose of generating benchmark data, in the future;
      7. (g) Our non-cancellation and non-refund policy for subscription to our services; and
      8. (h) Accept that there are certain restrictions imposed by Apple iOS mobile devices, which limit the ability of users to upload documents to platforms using these devices. You agree to bypass these restrictions by uploading documents to our platform using other operating systems. These include Windows, MAC OSX and Android devices.
    3. 2.3 Where you are an appraisee subscribing as an Institutional Subscriber you further agree during the Term and thereafter to:
      1. (a) Undertake the General Medical Council, UK, surveys with honesty and not fabricate any of the data on the questionnaires;
      2. (b) Take full responsibility for obtaining consent in advance of patients for gaining feedback from them;
      3. (c) Take full responsibility for obtaining consent in advance from patients for using their email addresses and mobile phone numbers for the purpose of feedback alone;
      4. (d) Take full responsibility for generating the output documents, in accordance with your employing body’s requirements for actual numbers of questionnaires that need to be completed;
      5. (e) Not question the validity of your own results data; and
      6. (f) The storage of your own anonymised output data, by GoodMedicalPracticeSurveys.com, with the sole purpose of generating benchmark data, in the future.
      7. (g) Upload documents to the Platform using alternative operating systems to Apple iOS mobile devices (as Apple iOS devices limit the ability to upload documents to the Platform) such as Windows, MAC OSX and Android devices.
    4. 2.4 Where you are an Institutional Subscriber who is not an appraisee, you further agree during the Term and thereafter to:
      1. (a) Abide by the current and any future amended guidelines set out by the Information Commissioner’s Office with regard to data protection;
      2. (b) Keep all data secure;
      3. (c) Never access or share any personal information about any individual using this platform or any patient or colleague information, unless it is for the sole purpose of arranging or conducting appraisals or Revalidation;
      4. (d) Not share any personal, colleague or patient data with any third party company or individual;
      5. (e) Accept that there are certain restrictions imposed by Apple iOS mobile devices, which limit the ability of users to upload documents to platforms using these devices. You agree to bypass these restrictions by uploading documents to our platform using other operating systems. These include Windows, MAC OSX and Android devices.
    5. 2.5 You, and we, acknowledge that for the purposes of the Data Protection Act 1998, you are the Data Controller (as defined in the Data Protection Act 1988) and we are the Data Processor (as defined in the Data Protection Act 1988) in respect of any Personal Data (as defined in the Data Protection Act 1988). We shall process the Personal Data only in accordance with your instructions from time to time and shall not process the Personal Data for any purpose other than those expressly authorised by you.
  3. 3. INTELLECTUAL PROPERTY RIGHTS
    1. 3.1 You acknowledge that all intellectual property rights in the Platform and the Documents anywhere in the world belong to us and/or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform or the Documents other than the right to use them in accordance with the terms of this Licence. You acknowledge that you have no right to have access to the Platform in source code form.
  4. 4. LIMITATION OF LIABILITY
    1. 4.1 You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements.
    2. 4.2 If you are an Institutional Subscriber, who is not an appraisee, we only supply the Platform and Documents for internal use by your business.
    3. 4.3 You agree not to use the Platform or Documents for any re-sale purposes.
    4. 4.4 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
      1. (a) loss of profits, sales, business, or revenue;
      2. (b) business interruption;
      3. (c) loss of anticipated savings;
      4. (d) loss or corruption of data or information;
      5. (e) loss of business opportunity, goodwill or reputation; or
      6. (f) any indirect or consequential loss or damage.
    5. 4.5 Other than the losses set out in condition 4.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 100% of the Licence Fee. This maximum cap does not apply to condition 4.6.
    6. 4.6 Nothing in this Licence shall limit or exclude our liability for:
      1. (a) death or personal injury resulting from our negligence;
      2. (b) fraud or fraudulent misrepresentation;
      3. (c) any other liability that cannot be excluded or limited by English law.
    7. 4.7 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Platform and Documents. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Platform and Documents which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
    8. 4.8 You agree to indemnify us and hold us harmless against all damages, losses and expenses arising as a result of any action or claim arising from, or connected to your use of the Platform, which is and/or has been, other than in accordance with the terms of this Licence.
  5. 5. TERM AND TERMINATION
    1. 5.1 This Licence shall remain in force during the term as set out at paragraph 1.2 (the “Term”). We may terminate this Licence (i) immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 30 days after the service of written notice requiring you to do so; and/or (ii) if you are an Individual Subscriber, on 30 days written notice to take effect at the end of the Initial Term or then current Renewal Term.
    2. 5.2 Upon termination for any reason:
      1. (a) all rights granted to you under this Licence shall cease;
      2. (b) you must immediately cease all activities authorised by this Licence; and
      3. (c) you must immediately pay to us any sums due to us under this Licence; and
      4. (d) you must immediately destroy or return to us (at our option) all copies of the Documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
  6. 6. OTHER IMPORTANT TERMS
    1. 6.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order for the Platform. If you have to contact us, please use the email address: admin@Goodmedicalpracticesurveys.com Any notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
    2. 6.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks. If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
      1. (a) our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. (b) we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
    3. 6.3 If you are an Institutional Subscriber and there is an inconsistency between any of the provisions of this agreement, and the agreement between us and the relevant Designated Body, the provisions of the agreement with the Designated Body shall prevail over the terms and conditions of this agreement.
    4. 6.4 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
    5. 6.5 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it.
    6. 6.6 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    7. 6.7 You acknowledge, and we agree that clauses 2.1, 2.2, 2.3, 2.4, 2.5, 3 and 4.7 shall survive termination and continue in full force and effect.
    8. 6.8 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    9. 6.9 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.