Our Terms and Conditions

 

Summary

 

Use of this website is governed by these terms and conditions.

 

Please read these terms and conditions carefully before you start to use this website. You may access and use this website if you agree to be legally bound by these terms and conditions set out here. If you do not agree to be legally bound by these terms and conditions please do not access and/or use this website.

 

(1.1) This website is intended for use only by medical professionals and health workers. Unauthorised use is a criminal offence under the Computer Misuse Act 1990.

 

(1.2) If you have any queries in respect of your use of this website please contact us via our contact form or

Bloomsbury Health

The Bloomsbury Building,

10 Bloomsbury Way,

London ,

WC1A 2SL,

England

 

 

Definitions and Interpretation

 

In this Agreement the following terms shall have the following meanings:

 

(2.1) “We”, “our” and “us” are references to the Bloomsbury Health, a private limited company. The entire contents of this website, and the individual articles, items, media files and assets published are owned by Bloomsbury Health, unless otherwise indicated

 

(2.2) “Content” means any texts, graphics, images, software, audio, video, software, data compilations and any other form of information capable of being stored in a computer on or forms part of this Website”.

 

(2.3) “Service” means collectively any online facilities, tools, services or information that Bloomsbury Health Limited makes available through the Website either now or in the future.

 

(2.4) “System” means collectively any online facilities, tools, services, online communications or information that Bloomsbury Health Limited makes available through the Website either now or in the future available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, SMS and email links;

 

(2.5) “User”, “Users”, “You”, “Your” means any third party entity or person that accesses the Website and is not employed by Bloomsbury Health Limited.

 

(2.6) “Website” means the website that has directed you to these terms and conditions and any sub-domains of this site unless expressly excluded by their own terms and conditions.

 

 

Our Commitment

 

(3.1) We commit to (a) Privacy, and to take all reasonable steps to protect patient’s personal information as per The Data Protection Act 2018 and The General Data Protection Regulation (EU) 2016/679.

 

And (b) to System Integrity. We will take all reasonable steps to ensure the website is operational within hardware and software installations.

 

 

Your Obligations

 

(4) As a health professional you agree to provide accurate information, and to register only once. You will carefully read our terms and conditions and instructions. In the event that you are uncertain how to proceed you will contact us and refrain from using the service until you have sufficient information from us and understand the correct instructions.

 

 

Registration for Specialists

 

(5.1) In order to use referapatient.org as a specialist you will be required to register. We reserve the right to suspend or terminate access at any time if we believe that your continued use of our service will prejudice others or us. By registering to use the service you;

 

(5.2) Confirm that the information you provide is accurate and complete and;

 

(5.3) Agree to keep your username, password and Verification code confidential and to take reasonable steps to protect those, and not to share your login details with anyone else.

 

 

Data Protection

 

(6) You agree to keep secure and confidential any data printed from us and strictly follow your local data protection guidelines. If you have not received, understood and agreed to those data protection guidelines you will immediately cease to use our service until doing so.

(6.1) Clinical data is collected in a webform and transmitted to a Specialist to seek medical advice.  The data is processed by Bloomsbury Health. 

(6.2) Subject Access Requests will be processed by the Data Protection Lead.
Advice letters are printed and inserted into the patient’s notes. Referring organisations can request referral information from the Specialist to whom they referred if the printed information is unavailable. The specialist is the Data Controller and the Commissioning body for referapatient®. 

(6.3) Only the referring hospital where the patient is admitted and the Specialist Unit (the ‘Data Controller’), to whom the patient has been referred share data.

(6.4a) A Data Processing Agreement is part of the Service Level Agreement:
 

In essence:
 

The data is owned by your Trust. Unless Bloomsbury Health receives prior written consent, Bloomsbury Health (i) will not access or use Data in electronic form collected through services other than as necessary to facilitate the service; and (ii) will not give any third party access to data.
Notwithstanding the foregoing, Bloomsbury Health may disclose data as required by applicable law or by proper authority (government body).


Bloomsbury Health will give prompt notice of any such legal or governmental demand and reasonably cooperate in any effort to seek a protective order. See document Information Governance Policies and Standards.

(6.4b) Data Controller’s Rights
A Data Controller possesses and retains all right, title and interest in and to data, and Bloomsbury Health use and possession thereof is solely as the Data Controller’s agent. The Data Controller may request access and copy any data on Bloomsbury Health server at any time subject to administrative costs, through the media of communication described on the Data Access rules attached to this Agreement.
Bloomsbury Health will facilitate such access and copying within 14 days after the Data Controller’s request.

(6.4c) Retention and deletion.
Bloomsbury Health will retain any data in its possession until erased (as defined below) pursuant to this Subsection (c) Bloomsbury Health will erase:
(i) all copies of data after collection thereof; (ii) any or all copies of data promptly after Data Controller’s written request; and (iii) all copies of data no sooner than twenty business days after termination of this agreement and no later than 28 business days after such termination. Notwithstanding the foregoing, the Data Controller may at any time instruct Bloomsbury Health to retain and not to erase or otherwise delete data, provided Data Controller may not require retention of data for more than twenty eight business days after termination of this Agreement.

Promptly after erasure pursuant to this subsection (c), Bloomsbury Health will certify such erasure in an email to the Data Controller. (“erase” and “erasure” refer to the destruction of data so that no copy of the data remains or can be accessed or restored in any way.) 
The Data Controller may at any time instruct Bloomsbury Health to retain data.

(6.5) As per Data Protection Act:

Bloomsbury Health processes Sensitive Personal Data fairly and lawfully and only when condition 3 and 8 in Schedule 3 of the Data Protection Act 1998 is met;

Condition 3

The processing is necessary to protect the vital interests of the data subject or another person invoked only where:

(a) consent cannot be given by, or on behalf of, the data subject

(b) the data controller cannot reasonably be expected to obtain the consent of the data subject: or

(c) in a case concerning the protection of the vital interests of another person, consent by or on behalf of the data subject has been unreasonably withheld

Condition 8

The Processing is necessary for medical purposes undertaken by a health professional.

Medical purposes is defined fairly widely to include

(a) preventative medicine

(b) medical diagnosis

(c) medical research

(d) the provision of care and treatment

(e) management of healthcare services

 

As per General Data Protection Regulation (GDPR):

Holding/sharing information does not rely on consent as the legal basis is:

 

Article 6(1)(c)

Processing is necessary for compliance with a legal obligation to which the controller is subject;

 

Article 9(2)(h)

Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of Union or Member State law or a contract with a health professional

 

Implied consent is applicable under the Common Law Duty of Confidentiality.

 

Patients should speak to their hospital or health service provider to understand more about their rights and how to exercise them.

(6.6) No patient data is transferred outside of England

Information and advice

 

(7.1) The information and advice provided by a specialist is based on the information you have supplied to them. It is your responsibility to ensure that this information is correct and complete and you accept that your failure to do so (whether intentionally or not) will affect the information and advice given to you and, as such may have consequences for which we are not responsible.

 

 

Security

 

(8) We use security technology to protect information submitted through the Website and have procedures in place to ensure against unauthorised disclosure, use, loss and damage. You should ensure that any computer or telephone you use to access our service is suitably protected from potential interception.

 

 

Intellectual Property

 

(9.1) All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bloomsbury Health Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

 

(9.2) You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Bloomsbury Health Limited.

 

 

Third Party Intellectual Property

 

(10.1) Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

 

(10.2) You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

 

Links to other websites

 

(11.1) This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Bloomsbury Health Limited or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

 

Links to this Website

 

(12.1) Those wishing to place a link to this Website on other sites may do so only to the home page of this website without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Bloomsbury Health Limited. To find out more please contact us by email at info@bloomsburyhealth.org.

 

 

Use of Communications Facilities

 

(13.01) When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

(13.02) You must not use obscene or vulgar language;

 

(13.03) You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

 

(13.04) You must not submit Content that is intended to promote or incite violence;

 

(13.05) It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

 

(13.06) The means by which you identify yourself must not violate these terms of use or any applicable laws;

 

(13.07) You must not impersonate other people, particularly employees and representatives of Bloomsbury Health Limited or our affiliates; and

 

(13.08) You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

 

(13.09) You acknowledge that Bloomsbury Health Limited reserves the right to monitor any and all communications made to us or using our System.

 

(13.10) You acknowledge that Bloomsbury Health Limited is a “Data Processor” and does not retain copies of patient data.

 

(13.11) In order to use webforms and any other communication facility that may be added in the future on this Website you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:

 

(13.12) Any information you submit is accurate and truthful; and

 

(13.13) You will keep this information accurate and up-to-date.

 

(13.14) Accessing, requesting, or receiving information through us constitutes and shall be deemed to be an acceptance of these terms and deemed to be an acceptance of these terms and conditions.

 

(13.15) You understand and agree that these terms and conditions for the use of SMS Alerts and Emails.

 

(13.16) You understand and agree that the information in or derived from an electronic communication transmitted through SMS Alerts and Emails may not be copied, republished, redistributed, transmitted, altered, edited or exploited in any manner for any purpose without our express agreement. You understand that we have the right to withdraw your access at any time without notice. If you allow third parties to access our site you will defend and indemnify us against any liability, costs or damages arising out of claims by such third parties based upon or relating to such access and use.

 

(13.17) You agree that we shall not be liable for any errors or delays in the content of any electronic communication, or for any actions taken by you or any third party in reliance thereon.

 

(13.18) We are not responsible for fees. You agree that we shall not be responsible for any fees associated with your use of our service should you incur any fees from your internet service provider, or any other service provider used to access and receive electronic communications from us.

 

(13.19) You understand that currently we cannot determine when and if you have received an electronic communication and do not guarantee that delivery of an electronic communication has been received and shall not be responsible for any losses or harm incurred due to the delayed or non-delivery of an electronic communication through this service. Message and information delivery times cannot, and are not guaranteed by us or our data providers.

 

(13.20) All SMS Alerts can be deactivated by Specialists only, at any stage by unchecking check boxes under Account Settings. Settings are applied instantaneously.

 

 

Privacy Policy and use of Cookies

 

This Privacy notice informs Users what to expect when Bloomsbury Health collects information.

Use of the Website is governed by Information Governance and standards Policies which is incorporated into these terms and conditions by this reference.

 

Bloomsbury Health always processes information securely and legally.

 

Personal information

Bloomsbury Health processes data because it provides a communications service and secure online portal for health professionals and their organisations.

 

(14.1) When Users sign up and register to create an account, Bloomsbury Health does not share Users’ names, email addresses, mobile telephone numbers or professional body registration numbers to any third parties.

 

Bloomsbury Health’s use of cookies

 

Cookies are small text files that are placed on a User’s computer by websites that are visited. Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

 

Most web browsers allow some control of cookies through the browser settings. To find out more about cookies, including how to see what have been set and how to manage and delete them, visit www.allaboutcookies.org.

 

Bloomsbury Health captures and stores some information about a User’s visit. This information will not identify the User, it relates to:

 

The internet domain (such as www.google.com) and anonymised IP address from which the User accessed the website;

The type of browser (Internet Explorer or Firefox etc.) and operating system the User has (Windows, Mac OS, UNIX);

The date and time of the User’s visit;

The pages a User visits;

The address of the web site from which the User linked to us (if applicable);

 

This information is not shared with anyone and we do not merge this information with other data.

 

What does Bloomsbury Health use the information for?

Bloomsbury Health uses this information to make each visit more rewarding for you and to provide information to help improve our Service. You can view the cookies we set here.

 

(14.2) By accepting these terms and conditions, you are giving consent to Bloomsbury Health Limited to place cookies on your computer or device.

 

Disclaimers

 

(15.1) Bloomsbury Health Limited makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems. We make no guarantee of any specific results from the use of our Services.

 

(15.2) No part of this Website is intended to constitute medical advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind. The specialist health professional will submit advice on the Website to be acted upon by the referring Health Professional. For the avoidance of doubt Bloomsbury Health Limited will not be responsible for any direct or indirect loss or damage, foreseeable or otherwise including any indirect, consequential, special or exemplary damages arising from a person acting in reliance on the advice of the specialist Health Professional.

 

(15.3) Whilst Bloomsbury Health Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

 

 

Availability of the Website and Modifications

 

(16.1) The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

 

 

(16.2) Bloomsbury Health Limited accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions.

 

(16.3) Bloomsbury Health Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

 

 

Limitation of Liability

 

(17.1) To the maximum extent permitted by law, Bloomsbury Health Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website at their own risk.

 

 

(17.2) Nothing in these terms and conditions excludes or restricts Bloomsbury Health Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Bloomsbury Health Limited.

 

 

(17.3) Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

(17.4) We will not be liable for any loss or damage (in contract tort or otherwise) where

 

(17.4.1) There is no breach of a legal duty of care owed to you by us or,

 

(17.4.2) The loss or damage is not a reasonably foreseeable result of any such breach or

 

(17.4.3) Any loss or damage or increased risk of loss or damage resulting by you as a breach of these terms and conditions.

 

(17.5) In addition we are not responsible for:

 

(17.5.1) Loss or damage caused by you providing inaccurate or incomplete information;

 

(17.5.2) Loss of your emotional well-being, but not limited to any embarrassment caused;

 

(17.5.3) Loss of goodwill, or injury to reputation;

 

(17.5.4) Losses suffered by third parties;

 

(17.5.5) Any indirect, consequential special or exemplary damages arising from the use of our service regardless of the form of action;

 

(17.5.6) Nothing in these terms excludes our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

 

 

No Waiver

 

(18.1)In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

 

Previous Terms and Conditions

 

(19) In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

 

Third Party Rights

 

(20) Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Bloomsbury Health Limited.

 

 

Communications

 

(21.1) All notices / communications shall be sent to us by email. Such notice will be deemed received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

(21.2) Bloomsbury Health Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the relevant sign up links.

 

 

Law and Jurisdiction

 

(22) These terms and conditions and the relationship between you and Bloomsbury Health Limited shall be governed by and construed in accordance with the Law of England and Wales and you and Bloomsbury Health Limited agree to submit to the exclusive jurisdiction of the Courts of England and Wales.