NHS Blood Components - Terms of Use
- 1.This agreement (“Agreement”) sets out the Terms of Use (“Terms of Use”) of the NHSBT/NBTC Blood Components Website or App (“Website/App”). It constitutes a legally binding agreement by and between you (personal and organisational “you”)and NHS Blood and Transplant and the National Blood Transfusion Committee (“NHSBT/NBTC”/ “we”) concerning your use of the Website/App.
- 2.By using the Website/App, you acknowledge that you understand and agree to these Terms of Use. We reserve the right to update these Terms of Use at any time. Continued use of the Website/App following updates will constitute your acceptance of the revised Terms
What Blood Components™ is for
- 3.The Website/App comprises the mobile software application accompanying this Agreement, including without limitation any software code, scripts, interfaces, graphics, displays, text, documentation and other components, and any updates, modifications or enhancements to them.
- 4.The Website/App is intended for the sole purpose to inform users, within the United Kingdom, of the key content of the published guidelines on which the content is based and should be used in conjunction with the guidelines as listed – see the ‘About' section.
- 5.The Website/App is not a substitute for professional judgment, local organisational policies, or procedures. It must not be used as a replacement for expert advice, including medical or clinical decisions.
- 6.Users should recognise that some patients may misinterpret bedside smartphone use and should, therefore, explain to patients why they are using the smartphone in this way. You may tell them that the Website/App is not designed for the input of patient- identifying data and, at your discretion, inform them of its indicated use.
Liability
- 7.The Website/App, and the information contained in it, is provided to you "as is" with no guarantee of completeness or accuracy, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability and fitness for a particular purpose.
- 8.You acknowledge that Website/App functionality may be seriously affected by changes to the operating system of your device. You must not use the Website/App following an operating system change unless it is a version validated for use with the updated operating system.
- 9.Neither NHSBT, NBTC, developers, nor its employees or management shall be liable for any damages (including without limitation, direct, indirect, consequential or incidental damages) resulting from or in connection with:
- 9.1.continued use of the Website/App whether or not the user has not accepted updates;
- 9.2.any information, materials, or recommendations related to the Website/App;
- 9.3.matters beyond NHSBT's, NBTC's, or developers' control, including without limitation the incorrectness or incompleteness of input data and information provided on third party Website/Apps that may be linked to, directly or indirectly, by means of the Website/App;
- 9.4.any software or hardware used for electronic communications;
- 9.5.any other App on your device;
- 9.6.use of the Website/App with any incompatible operating system;
- 9.7.the disabling of the App (for example, following updating your device's operating system);
- 9.8.termination of this Agreement;
- 9.9.cessation of Website/App function; or
- 9.10.the failure or delay in the delivery of electronic data, the interception or manipulation of electronic data by third parties and transmission and the impact of software viruses.
- 10.Nothing in this agreement excludes or limits liability for death or personal injury.
- 11.You hereby indemnify and undertake to keep NHSBT/NBTC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by NHSBT/NBTC to a third party in settlement of a claim or dispute) incurred or suffered by NHSBT/NBTC arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
Intellectual Property
- 12.NHSBT/NBTC own or have the right to use all intellectual property rights used for the provision of the Website/App, including rights in copyright, patents, database rights, trademarks and other intellectual property rights.
- 13.Unless otherwise stated, all rights, including copyrights and other intellectual property rights on the Website/App and all database rights in underlying databases and subsisting in information collected from you by NHSBT/NBTC are the property of NHSBT/NBTC.
- 14.Subject to data protection obligations, you may consult the Website/App and the information contained therein and record outputs (for example, using your device's print screen function). However, any other use of the App or such information, for example the storage or reproduction of the App or any part of it in any other medium or the creation of links, hyperlinks or deeplinks between the Website/App and any other medium, is prohibited without NHSBT's and NBTC's explicit written permission.
- 15.This Website/App is endorsed by the Welsh Blood Services, Scottish National Blood Transfusion Services and the Northern Ireland Blood Transfusion Service.
Privacy
- 16.The Website/App collects anonymous usage data to create statistical reports through a software development kit (SDK) provided by Firebase. The SDK generates an anonymous, unique identifier that is accessible only by Firebase's web servers. Data is stored locally on your device until it is transmitted to Firebase when your device is connected to the internet. This data is anonymized and does not contain personal information. Access to the data is restricted to NHSBT/NBTC and the developers of the Website/App, HMA Digital Marketing (42 Sackville Street, Barnsley, S70 2DB)
- 17.The Website/App uses Google Firebase Analytics SDK's, Googles privacy policy is available at: http://www.google.com/policies/privacy/.
Termination
- 18.NHSBT/NBTC has the right to terminate this Agreement at any time without notice.
- 19.You can terminate this agreement by uninstalling the App, which you may do at any time.
Law and Jurisdiction
- 20.These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English courts, which shall settle all disputes arising in connection with these Terms and Conditions of Use.
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