Acceptable Use

Terms and Conditions

INTRODUCTION

These are the standard terms and conditions of use of the ESR Web Site ("the Site") run by ESR Central Team which is hosted by the NHS Business Services Authority as an Department of Health initiative. Please read these Terms carefully, they set out the basis on which you are allowed to use this Site and the information contained within it. They protect you as a user of the Site and prevent the Site from being used for any illegal or offensive purposes.

If you are using this Site you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you must not use the Site and should exit immediately. Your continued use of the site will constitute acceptance of these Terms. You may be required to agree to additional terms if you become a User of Kbase and these will be made available to you at the time. Please note that the Kbase service is only available to NHS employees and other permitted individuals who have registered and received a login ID and password.

We may amend these Terms at any time. If we change these Terms, we will notify you of this fact on the home page of the Site and will post the new version on the Site. You will be bound by such amended Terms thirty days after the date of posting or earlier if you use the Site any time after the date of posting. You should check the Terms periodically to ensure that you are aware of and complying with the current version.

GENERAL USE OF THE SITE

Information on our Site

The information provided on this Site is intended for use as a source of information only. We do our best to ensure that the information in the Site is accurate at all times. However, we cannot ultimately warrant the accuracy or completeness of that information or its fitness for purpose and cannot be held liable for any use or reliance you may make of or put on it except as specifically agreed with us in any further written agreement we may enter into with you. Users are advised to consult us directly for specific information about the services we provide.

Your use of the Site

You must use the Site in a positive and responsible way and respecting the rights and position of others and in particular you must not use the Site in any way that is or may be considered to be:

  • capable of infringing any other person or other entity's intellectual property rights (including but not limited to copyright, trade marks, design rights or database rights);
  • otherwise inappropriate, illegal, unlawful or in breach of any regulations, guidelines or codes of practice.

You are solely responsible for any information submitted by you to the Site. You are responsible for ensuring that all information supplied by you is true, accurate and up-to-date. If any information you enter becomes incorrect or is superseded, you must notify us immediately.

Information provided by you

We may use third parties to help us process your information as part of providing our services to you. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information. You consent to us using information provided by you in each of these ways and for the purposes set out in our privacy policy.

Security

You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.

Our Rights

We shall be entitled at any time to:

  • alter the design or presentation of the Site or the Services without notice to you and without incurring any liability;
  • delete, remove or suspend the whole or any part of the Site, without notice to you and without incurring any liability.

Intellectual Property

All intellectual property rights and goodwill in or relating to the Site and its content, including the name, logo and any associated rights, belong to us.

Except as clearly stated on the Site, nothing in these Terms may be construed as granting any licence or right to use any intellectual property of us, our partners or licensors without our express written permission.

Unless otherwise indicated on the Site:

  • you may download to a local hard disk and print extracts from the Site solely for personal non-commercial use and you may recopy downloaded extracts to others for their personal non-commercial use but you must not otherwise reproduce part or all of the Content in any form.
  • you must not copy or otherwise incorporate into or store in any other web site, electronic retrieval system, publication or other work any of the Content in any form (whether hard copy, electronic or other format).

You may not frame or link to the Site or any part of it without our express permission.

Data Protection

Users of the Site may provide us with personal information about themselves and others. Generally this information is requested when you provide feedback on the Site. Our use of personal data is governed by our privacy policy which forms part of these Terms and is available at the end of these Terms and on the Site.

Limitation of liability and disclaimers

Nothing in these Terms operates so as to exclude, limit or restrict our liability for death or personal injury or our liability for fraud or fraudulent misrepresentation or any other liability which it is not possible to exclude by law.

We do not warrant the accuracy of this or any other Content in any respect and we cannot be held liable for any use you may make of it or any reliance you may place on it. Any recommendation or other information on any area of the Site is used by you at your own risk.

Any link on the Site is provided solely for your information and convenience. A link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked web site. We are not responsible for the content of any linked web site.

We will not be liable to you or any third party for any claim to the extent that the same is characterised as a claim for, or arising from loss of profits or anticipated savings; loss of goodwill or injury to reputation; loss of business opportunity; loss of data; loss of earnings; loss as suffered by third parties or any indirect, consequential or special loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether we knew or had reason to know of the possibility of the loss, injury or damage in question and in any event you shall seek to mitigate your losses at all times.

We are not liable for any loss, damage, expenses, costs, delays or any other liability whatsoever caused by matters beyond our reasonable control (including without limitation any failure of transmission, inability to access the Site or any failure, error or delay in the sending or receiving of any communication).

We are not liable for any loss, damage or other liability whatsoever arising from any Content, activity, Terms or policies on or in connection with the Site.

We exclude all warranties, conditions and terms, whether express or implied to the fullest extent permitted by law in respect of the Site.

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you from any use of the Site.

General

We reserve the right to change the terms and conditions under which the Site is offered at any time. Any such change in terms and conditions will be effective once published on this webs site. If you do not wish to be bound by these terms you should not use the web site. Continued use of the Site will constitute acceptance of the new terms.

If any term of these Terms is held to be invalid or unenforceable the rest of the Terms shall remain valid and enforceable.

These Terms and any documents referred to in them are governed by and construed in accordance with the laws of England and Wales and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.

These Terms constitute the entire agreement between us in respect of the subject matter contained in these Terms and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Termination

We reserve the right to suspend or terminate any or all of the Services under these Terms for any reason and on no notice and we shall not incur any liability to you in respect of such termination.

PRIVACY POLICY- ESR WEBSITE

About us

This website is operated by the Electronic Staff Record project (ESR) hosted by the NHS Business Services Authority as a Department of Health initiative. The NHS ESR Programme is responsible for all personal information collected during the course of your use of this website. If you use Kbase you should read the separate privacy policy and terms and conditions that apply to that service. We and our employees respect the information given by you and will ensure that appropriate safeguards are in place to protect it.

How do we use your information?

We use your personal details and information from other sources for administration of the website. We may also use your personal data for marketing, to analyse use of the site, feedback, responses and to ensure that the content, services and advertising that we offer are tailored to your needs and interests.

We may keep your information for a reasonable period for these purposes. We may need to share your information with associated bodies and service providers for these purposes. We may disclose personal data in order to comply with a legal or regulatory obligation.

How will you be contacted?

We or third parties may contact you directly or via agents by mail, telephone, fax, email, SMS or other electronic messaging service with information that you have requested, with offers of goods and services or other information that may be of interest to you or we may send you information about other organisations' goods and services. By providing us with your details you consent to being contacted by the methods above for these purposes. If you do not wish to be contacted for marketing purposes, please indicate this where shown or contact us at the address below.

Your consent and other people's information

By submitting information you consent to our processing personal data, including sensitive personal data, for the above purposes. You also consent to us transferring personal data to countries or jurisdictions which do not provide the same level of data protection as the UK if necessary for the above purposes. If you give us information about another person you are confirming that you do so with their consent and that they consent to the processing of their personal data including sensitive personal data and that you have informed them of our identity and the purposes (as set out above) for which their personal data will be processed.

Do we use cookies and web beacons?

We may store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you open an email from us or visit our site in future. We do this to remember your preferences.

We may include web beacons (also known as clear GIFs or web bugs) in our emails to track the success of our services. This means that if you open an email from us we can see which pages of the Site you visit. Our web beacons do not store additional information on your computer but, by communicating with our cookies on your computer, they can tell us when you have opened our email. If you object to web beacons, we recommend you follow the instructions for deleting existing cookies and disabling future cookies below. We will still know how many of our emails are opened and we will automatically receive your IP address, a unique identifier of your computer or other access device; but we will not identify you as an individual.

If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Our cookies will have the file names.

Information on deleting or controlling cookies is available at www.AboutCookies.org . Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.

Security

We take appropriate measures to ensure that the information disclosed to us is kept secure, accurate and up to date and kept only for so long as is necessary for the purposes for which it is used.

Disclaimer

If we link to other sites or display advertisements on our site, we are not responsible for the content or privacy policy of those sites or advertisers, or for the way in which information about their users is treated.

Other Information

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time so you are encouraged to review this policy from time to time. We will of course notify you of any changes where we are required to do so.

You are entitled to ask for a copy of the information we hold about you (for which we may charge a small fee) and to have any inaccuracies in your information corrected.

For quality control and training purposes we may monitor or record your communications with us.

If your personal details change, if you change your mind about any of your marketing preferences or if you have any queries about how we use your information, please let us know by contacting us at:

Communications
The NHS Central Team
McKesson Headquarters
Warwick Technology Park
Warwick
CV34 6NZ
Email: communications@esrsolution.co.uk
Telephone: 01926 475743