End User Terms of Use

Policy 2 out of 2

Please read our End User Terms of Use

EMIS Academy End User Terms of Use

EMIS Academy is operated by Egton Medical Information Systems Limited (referred to below as "we", "us" or "our") (company number 2117205) with offices at Fulford Grange, Micklefield Lane, Rawdon, Leeds, LS19 6BA United Kingdom. We are a limited company.

Application of Terms of Use

These End User Terms of Use (together with the documents referred to in them (the “Terms of Use”)) set out the terms which apply to your use of our EMIS Academy website https://academy.emishealth.com/ and related services (collectively, the "Website"), whether as a guest or registered user. Use of our Website includes accessing, browsing, searching, using the EMIS Academy Forums, uploading or downloading information, viewing content and/or use of any service which we may provide, or registering to use the Website.

Please read these Terms of Use carefully (including the "Limitations of Liability" and "Choice of Law and Jurisdiction" clauses below) before you start to use our Website, as these will apply to your use of our Website.

We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the content of the Website or the addition of new features – it is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which will govern your use of the Website.

By using our Website (and indicating your acceptance by clicking the Accept button provided), you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use our Website.

These Terms of Use incorporate the following additional terms, which also apply to your use of our Website:

Our Privacy Notice: means our EMIS Academy Privacy Policy which can be found using the link at the bottom of the EMIS Academy Website: https://academy.emishealth.com/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you warrant that all data provided by you is accurate. Please note that this privacy policy relates to any information which you may share in connection with your use of the Website, including the EMIS Academy Forums.

Our Cookies Policy, which is incorporated into the Privacy Notice and which sets out information about the cookies we use on our Website.

Subject to any specific terms identified in respect of a particular feature or part of our Website, and any separate terms between EMIS and the organisation you work for, or are associated with, these Terms of Use (including, our Privacy Notice and Cookies Policy) constitute the entire agreement between you and us with respect to your use of the Website.

1.     Accessing the Website

1.1. Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable right, without the right to grant sub-licences, to access and use the Website solely for your personal use.

1.2. If you choose to register for an account for our Website then:

1.2.1. if you select, or you are given, a user identification code, password or any other piece of information as part of our registration or security procedures, you must treat such information as confidential and keep the same secure;

1.2.2. you must change your password no less frequently than you are prompted by the Website and/or after any instance where you know or suspect your password and/or account has been compromised.

1.2.3. you must not allow your account to be accessed or used by anyone else and, to the extent that you do allow such access or use, you shall be responsible for any such third party.

1.3. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time (and so remove your ability use the Website including posting in any EMIS Academy Forum(s)) at our discretion, including, without limitation, in circumstances where, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

1.4. Please see our Privacy Notice for more information regarding use of personal data relating to you.

1.5. You must only use the Website for lawful purposes.

1.6. We do not guarantee that the Website, or any content on it, will always be available or that access to it will be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website (or any part, feature of or service under the Website) is removed or is unavailable at any time or for any period.

1.7. You are responsible for making all arrangements necessary for you to access the Website (including, having access to an internet connection and an appropriate browser).

2.     Subscription Only Content

2.1.  The majority of the content on the  Website is free to access for all users. However, some content available through the Website requires a subscription.

2.2.  Subscriptions may only be purchased from us by organisations (i.e. GP practices, ICBs etc.) and are subject to their entering into an appropriate contract directly with us.

2.3. The content available to you through the Website will depend upon whether any subscription has been purchased on your behalf by a relevant organisation. Any access to such content shall be subject to the terms of the contract for those services (each a “Subscription Contract”) and you agree and acknowledge that such services shall immediately be terminated and cease to be available to you:

2.3.1. upon suspension of services under, or termination or expiry of, the relevant Subscription Contract;

2.3.2. on the request of the relevant organisation which is a party to the Subscription Contract (i.e. if the relevant organisation instructs us to remove your access to subscription content for whatever reason); and/or

2.3.3. in accordance with these Terms of Use.

2.4. Termination of your right to use any subscription content shall not affect your right to access the Website and/or any of the basic content and services available through the Website unless your right to use the Website has been terminated is in accordance with these Terms of Use. At our discretion, you may also be given the right to retain use of any certificates and/or learning history from subscription content used by you.

3.     Prohibited Uses

3.1. You may use our Website only for lawful purposes and you must not infringe the rights of other users of the Website or prevent their enjoyment of it. In particular, and without limitation, you may not use our Website:

3.1.1. in any way that breaches these Terms of Use or any applicable law or regulation (or which is, or is likely to, cause us to be in violation of such law or regulation);

3.1.2. in any way that is unlawful or fraudulent, or which has any unlawful or fraudulent purpose or effect;

3.1.3. to send, knowingly receive, upload, download, use or re-use any material for any commercial purpose (for example for resale purposes) or in a manner which does not comply with our content standards (as set out below);

3.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar request (commonly known as 'spam').

3.2. You shall not:

3.2.1. except to such extent as may be allowed by any applicable law which is incapable of exclusion, and except to the extent expressly permitted under these Terms of Use: attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website in any form or media or by any means; or attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website;

3.2.2. access all or any part of the Website in order to build a product or service which competes with the Website or for other commercial purposes;

3.2.3. use the Website to provide services to third parties;

3.2.4. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Website available to any third party; and/or

3.2.5. attempt to obtain, or assist third parties in obtaining, access to the Website.

4.     Disclaimers

4.1. The Website contains content generated by us and third parties. The EMIS Academy Forums will also include information provided by other users of the Website. The content we provide via the Website is provided for general information purposes only. It is not intended to provide specific advice on which you should rely. For the avoidance of doubt, the EMIS Academy Forums are a distinct part of the Website and the posts and information contained within them may not have been created by us (or on our behalf) but may have been drafted by individual users – whilst it can be a useful learning and communication tool it is important that you recognise that you need to take particular care when using the EMIS Academy Forums and, again, always seek advice from our support staff in relation to any specific incidents or problems.

4.2. The information contained in the Website (including, the EMIS Academy Forums) may contain technical inaccuracies or typographical errors.

4.3. We reserve the right to make changes and revisions to any information contained within the Website, at any time and without notice.

4.4. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date. We also do not warrant or represent that the information or materials available through the Website will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure.

5.     Intellectual Property Rights

5.1. We are the owner (or the licensee) of all intellectual property rights in our Website, and (save for content uploaded by users or licenced from third parties) in the material published on it. Those works are protected by copyright laws and treaties around the world, and our branding on the website is protected as trade marks. All such rights are reserved.

5.2. You may download and/or print off one copy of extracts of any page(s) from our Website for your personal use and you may (in a non-commercial context) draw the attention of others to content posted on our Website.

5.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not further use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.4. Our status (and that of any identified contributors, if any) as the source and/or author(s) of content on our Website must always be acknowledged.

5.5. You must not use any part of the content on our Website for commercial purposes (for instance, selling it to third parties) without obtaining a licence to do so from us (or our licensors as appropriate).

5.6. If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website (and any related materials) will cease immediately and you must, at our choice, return or destroy any copies of the materials you have made (and these Terms of Use shall continue to apply in respect of any such materials).

6.     EMIS Academy Forum(s) - The EMIS Academy Forums are community sites intended for use by users of EMIS Group products and services. Subject to these Terms of Use, you may be able to submit queries or other comments, regarding specific training courses or problems or similar matters for display, indexing and feedback from other registered users with the EMIS Academy Forums.

7.     EMIS Academy Forum(s) - Acceptable Use Policy

Whenever you use or visit EMIS Academy Forums on the Website, you must comply with the following standards. These standards apply to each part of any contribution you make to the Website (including the EMIS Academy Forum(s)) (each a “Contribution”) and compliance with the same will be determined by us in our sole discretion.

7.1. Contributions to any EMIS Academy Forum made by you must:

7.1.1. be accurate (where they state facts);

7.1.2. be genuinely held (where they state opinions);

7.1.3. comply with applicable law in the UK (and in any country from which they are posted);

7.1.4. be constructive and polite, not mean-spirited or be contributed with the intention of causing trouble or 'trolling'; and

7.1.5. be made in English (so that we can effectively moderate the EMIS Academy Forum(s)).

7.2. Contributions to any EMIS Academy Forum made by you must not:

7.2.1. contain any patient identifiable information (including in the form of screenshots or similar);

7.2.2. be unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

7.2.3. contain any sexually explicit material;

7.2.4. promote or incite any violence or discrimination (including, that which is based on race, sex, religion, nationality, disability, sexual orientation or age);

7.2.5. infringe any copyright, database right or trade mark or any other proprietary rights of any other person;

7.2.6. be likely to deceive any person;

7.2.7. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

7.2.8. be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

7.2.9. be likely to harass, upset, embarrass, alarm or annoy any other person;

7.2.10. be used to impersonate any person, or to misrepresent your identity or affiliation with any person. In particular, you may not register more than one account or create any alternative accounts;

7.2.11. give the impression that the Contribution has been made by us, if this is not the case;

7.2.12. give the impression that the Contribution comes from a healthcare professional, if that is not the case;

7.2.13. encourage any act or activity that in our opinion could be harmful to the health or wellbeing of another user or which raises any clinical safety concerns;

7.2.14. facilitate illegal activity or advocate, promote or assist any unlawful act (such as, for example, the use of any illegal drugs or substance, copyright infringement or computer misuse);

7.2.15. be the same as, or substantially similar to, comments which you have made in other threads or areas of the EMIS Academy Forums (including, for the purposes of promoting a particular message or agenda), i.e. no "spamming" of any discussions;

7.2.16. bring our or any of our affiliates, contractors or sub-contractors reputation into disrepute; and/or

7.2.17. be of a manner which (in our view) is intended to promote or advertise another website, product or service (including, by inviting other users to send messages directly to you) or for any other commercial purpose. If you wish to advertise your product or service via the Website (or otherwise) then please contact us in the first instance using the contact details set out below at clause 17.

7.3.  You may link to specific URLs (web site addresses) in your Contributions where these provide relevant and appropriate background reading or information. However, you must not link to advertising or sites that might cause offence to other users of the Website. Please note that any post containing a URL may be subject to review and moderation.

7.4. You represent that any Contribution you make to any EMIS Academy Forum(s) will comply with the standards set out above, and you will be liable to us and be responsible for any loss or damage we suffer as a result of your breach of this representation.

7.5. While the administrators and moderators of the EMIS Academy Forum(s) will attempt to remove or edit any generally objectionable material as quickly as practicable, it is not possible for us to review every message. Therefore, you acknowledge that all posts made to the EMIS Academy Forum(s) express the views and opinions of the author and not us. The views expressed by other users on our Website do not (necessarily) represent our views or values. If you have any concerns regarding a post or comment on the EMIS Academy Forums then please bring it to our immediate attention.

7.6. We have the right to remove any Contribution you make on our Website if, in our opinion, your Contribution does not comply with the content standards, or any term, set out in these Terms of Use.

7.7. We want the EMIS Academy Forum(s) to be a useful resource for our users but it is important to remember that you should not rely solely on opinions or advice given by other users in respect of any technical matters. Always speak to our support staff if you have any concerns.

7.8. Please note that the EMIS Academy Forum(s) may be accessible by other registered users (including, your name and the contents of your posts/comments), please take this into account when posting.

8.     Rights in Relation to Contributions

8.1. Any Contribution which you submit, including via the EMIS Academy Forums (including any text, photographs, graphics, video or audio), will be considered non-confidential and non-proprietary. You retain all such ownership rights in your content as you may hold, but in submitting such content to the Website you grant us a perpetual, royalty-free, non-exclusive, right to store, modify (where reasonably necessary to allow publication), copy and publish the Contribution and to make it available to third parties. If you wish to keep your content confidential or do not want to grant us these rights, then you must not submit your Contribution.

8.2. Furthermore, by submitting your Contribution, you warrant that you have the right to make it available to us for all the purposes specified above; it is not defamatory; it does not infringe any law or third party rights; that it has not been copied from any third party and you will be required to reimburse us in respect of all legal fees, damages and other expenses that we may incur as a result of your breach of the above warranty.

8.3. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you as part of your Contribution constitutes a violation of their rights (including, without limitation, their intellectual property rights or right to privacy).

8.4. We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution posted by you (or any other user of our Website).

9.     Third Party Links and Resources on our Website

9.1. The Website may contain links to other websites and resources operated by third parties. These links are provided for reference and information purposes only. We do not control such websites or resources and are not responsible for their availability or content. We will not be liable for any loss or damage that may arise from your use of such links.

9.2. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. We have no control over the contents of those sites or resources.

10.  Linking to our Website

10.1. You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

10.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site.

10.3. We reserve the right to withdraw or limit this linking permission without notice.

10.4. If you wish to make any use of content on our Website other than that set out above, please contact us using the details set out in clause 17.

11.  Limitations of Liability

11.1. Please read this clause carefully as it sets out the limits of our liability to you in relation to your use of the Website.

11.2. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or for our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law.

11.3. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied. The Website is provided on an 'as is' basis.

11.4. We use our reasonable efforts to check the accuracy of the technical information published on our Website. You should, however, note that we do not warrant that such information will be error free and you acknowledge that the information, products, and services published on this Website may include inaccuracies or typographical errors. Changes are periodically made to the information set out in our Website.

11.5. We make no representations about the suitability of the information, products, and services contained on this Website for any purpose.

11.6. You agree and acknowledge that any information or services available on the Website, including any EMIS Academy Forum, are not a substitute for independent professional medical judgment, and you must make your own such judgment before providing any medical care.

11.7.  Neither us (nor any of our third party licensors) shall have any liability whatsoever to you, any of your patients or any other party in respect of any decision or action taken (including the provision of medical care) by you or any of your end users as a consequence of your use of the Website and/or EMIS Academy Forum(s).

11.8. Subject to clause 11.2, in no event shall we (or any of our suppliers or licensors) be liable to you (or to any other user) for any indirect, incidental, special, or consequential loss or damage, whether arising in contract, tort (including negligence or breach of statutory duty), or otherwise, even if we, or any of our suppliers, have been advised of the possibility of such damages, arising under or in connection with:

11.8.1. use of, or inability to use, our Website;

11.8.2. use of or reliance on any content displayed on our Website (regardless of the origins of such content); or

11.8.3. any information, products, and services obtained through this Website, or otherwise arising out of the use of this Website.

11.9. Subject to clause 11.2, our liability (and that of our suppliers or licensors) for any losses suffered arising out of, or in connection with, your use of this Website, whether in contract, tort (including negligence or breach of statutory duty), or otherwise is limited to the sum of one thousand pounds (£1,000).

11.10. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

11.11. This clause does not affect any legal rights you may have as a consumer.

11.12. You acknowledge that we have made the Website available to you in reliance upon these Terms of Use and in particular these Limitations of Liability.

12.  Breach of these Terms of Use

12.1. We will determine, at our sole discretion, whether there has been a breach of our Terms of Use through your use of our Website (including, the EMIS Academy Forum(s)). If a breach of these Terms of Use has (in our view) occurred, then we may take such action as we deem appropriate, which may include our taking any or all of the following actions:

12.1.1. immediate, temporary or permanent withdrawal of your right to use our Website (including the EMIS Academy Forums);

12.1.2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Website (including the EMIS Academy Forums);

12.1.3. issuing a warning to you;

12.1.4. place your account into pre-moderation (meaning that all your Contributions will be subject to prior review by a moderator before being posted);

12.1.5. if your Contributions are offensive or inappropriate or you engage in any disruptive behaviour on the Website, and we consider such behaviour to be serious and/or repeated, then we may use whatever information we have available to us about you to prevent any further such incidents from arising. This may include informing relevant third parties such as your employer, higher education institution or email service provider and/or the authorities regarding any such incident(s;

12.1.6. taking legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

12.1.7. take further appropriate legal action against you; and/or

12.1.8. disclose such information to law enforcement authorities as we reasonably feel is necessary.

12.2. We exclude all liability for any actions taken in response to breaches of this these Terms of Use. The responses described in these Terms of Use are examples only, and we may take such other actions as we may reasonably deem appropriate.

13.  Collection of Personal Data

13.1. If you register to use the Website, or any service(s) accessible through the Website, then we may collect personal data from you (including, without limitation, your name, nickname, age, medical conditions and a valid email address). This data will be securely held in accordance with the terms of our Privacy Notice.

13.2. If any third parties are involved in the delivery or operation of any services that you may choose to receive then this will be detailed in the information and terms provided to you at the relevant time.

14.  Viruses

14.1. We do not guarantee that our Website will be secure or free from bugs or viruses and you should use your own, up-to-date, virus protection software.

14.2. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing 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 our Website will cease immediately.

15.  Choice of Law and Jurisdiction

15.1. Please note that these Terms of Use, and the agreement which exists between us under the Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any disputes or claims which might arise.

15.2. If you are accessing this Website from outside of the United Kingdom then: (i) we make no representations that the content of this Website will be suitable for your requirements or that it is permissible or legal for you to access the same; and (ii) your use of the Website is entirely at your own risk and you are responsible for ensuring that you act in accordance with any applicable laws.

15.3. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this clause.

16.  General

16.1. We reserve the right to change these Terms of Use (and any other terms, conditions, and notices) under which this Website is offered by updating our terms online.

16.2. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of Terms of Use shall continue in effect.

16.3. We reserve the right to freely assign, or otherwise transfer, any of our rights or obligations under these Terms of Use to any third party at our discretion.

16.4. Any provision of these Terms of Use that expressly or by implication is intended to come into, or continue in, force on or after termination of your right to use the Website, shall remain in full force and effect, including (but not limited to) clause 11,

16.5. We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in, or from, performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.

16.6. Subject to any specific terms detailed on the Website in relation to particular features or materials, these Terms of Use (together with the Privacy Notice and Cookie Policy) set out the entire agreement between you and us in respect of your use of the Website.

16.7. No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

16.8. Any rights not expressly granted herein are reserved.

17.  Contact Us

To contact us, please use the contact/feedback form.

© Egton Medical Information Systems Limited. Registered in England and Wales. All rights reserved.

Registered number: 2117205. Registered office: Fulford Grange, Micklefield Lane, Rawdon, Leeds LS19 6BA. EMIS Health is a UK registered trade mark.