Legal statement

Terms and Conditions of use

The NHS Evidence website ("the Website") and all information contained in it are available for use subject to the following terms and conditions.  By accessing the Website, you agree to these terms and conditions of use.

Background

1 - The Website is owned and operated by the National Institute for Health and Clinical Excellence (“NICE”) a Special Health Authority established by order of the Secretary of State for Health and based at 4-8 Maple Street, London W1T 5HD. Day to day management of the Website is the responsibility of NHS Evidence, a division of NICE ("NHS Evidence", "us", "our" or "we").

2 - These Terms and Conditions apply to the use NHS Evidence website only. They do not apply to the NICE website.

3 - The Website provides access to a comprehensive range of information sources (including local experience) and provides access to information that has traditionally been hard to find. This information is accessible through the Website and also available via IT systems used in clinical decision-making.

4 - Users must only use the site for purposes consistent with these Terms & Conditions.

General

5 - The information on the Website is made available to help inform the decisions of healthcare and social care practitioners and therefore improve the quality of care and treatment.

6 - The Website is also accessible by the general public. Members of the general public may also find it of interest, and may use it to inform discussions with practitioners.

7 - Information retrieved from the Website does not override the individual responsibility of healthcare and social care professionals involved in the delivery of care to make informed professional judgments appropriate to the circumstances of the individual, in consultation with the individual and/or their guardian or carer

8 - Practitioners, commissioners and managers are reminded of their duties to avoid unlawful discrimination and to have regard to promoting equality of opportunity. No material on the Website should be interpreted in a way which would be inconsistent with compliance with those duties.

9 - If you are an individual who chooses to access the information on the Website, you should not rely on that information as professional medical advice or use it to replace any relationship with your doctor or other qualified healthcare or social care professional. For medical concerns, including decisions about medications and other treatments, individuals should always consult their doctor or, in serious cases, seek immediate assistance from emergency personnel. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. If you are a member of the public, you should evaluate the information together with your physician or another qualified healthcare or social care professional.

10 - It is in the nature of scientific debate that not all authors will agree on all matters. Further, published papers may be in error, or superseded by later research. Users should be aware that papers accessed through the Website on the same subject-matter may report different results or conclusions. It is the user's sole responsibility to assess all evidence and to reach a decision informed by it. The Website is designed only to assist access to some of the material relevant to decision-making. NHS Evidence only facilitates access to evidence published by third parties and no representation is made as to completeness, accuracy or fitness for purpose.

11 - Some sources of evidence have been accredited. Accreditation indicates that the source's systems have been appraised by the Institute against its accreditation criteria, and are considered to be sufficiently robust to merit the award of accreditation. Accreditation relates only to a source's procedures and not to the content of individual pieces of evidence it submits to the NHS Evidence database. Not all sources have been assessed against the accreditation criteria, so lack of accreditation does not mean that the criteria have not been met. For more about accreditation, please click here.

Privacy and your use of the Website

12 - You may only use the Website for lawful purposes. You may not use, and shall take all reasonable steps to ensure that no other person uses, the Website in a way that does not comply with the terms of any laws applicable to you or that is in any way unlawful.

13 - You agree:

13.1 - to comply with any legal notices contained on the Website;

13.2 - to respect and comply with the legal rights of others, in particular our rights (including our rights in copyright and trade marks), and the rights of our licensors;

13.3 - not to use this Website for any personal commercial gain, nor to sell or trade in any of the content or other material copied or downloaded from this Website without our express written permission; and

13.4 - not to change any of the text or images contained in this Website or merge it with any other text or images, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content.

Intellectual property rights

14 - You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world, (“IP Rights”) in the Website (including in all content) are owned by NICE and/or our licensors, for the full duration of such rights.

15 - Except for your use of the Website in accordance with these Terms of Use, you are granted no IP Rights in respect of the Website or its content.

16 - You may print copy or download the content from the Website provided always that:

16.1 - NHS Evidence is acknowledged as the source;

16.2 - all titles credits and URLs are included; and

16.3 - you comply with any legal notice contained in the Website.

This permission is revocable by NICE at any time.

17 - All trade marks, logos, titles, brand and product names (“the Trade Marks”) which are featured on the Website are owned by NICE, or our licensors. In particular, only bodies accredited and licensed by NHS Evidence may use the NHS Evidence marque ("the Marque"). Under no circumstances may the Marque be used by any other organisation or individual, save for reproduction of the Marque in accordance with paragraph 13.7.

NHS Evidence

18 - You may only use or refer to the Trade Marks which are included in those extracts from the Website downloaded, copied or printed by you in accordance with these Terms of Use. Otherwise you must not offer or distribute any products or services under or by reference to the Trade Marks, or otherwise reproduce any of the Trade Marks without our express written consent.

19 - The Website contains links to websites which are not under our control. These links are provided for your convenience only. We are not responsible for the availability or content of such other websites, nor for any products or services available from them. Any such link should not be seen as an endorsement by us of such websites, or any of the products or services contained on them. Links are made to or from the Website at your own risk.

20 - You should be aware that your use of such other websites may be subject to additional terms and conditions imposed by the owners of those websites. Your dealings with such third parties are between you and the third party, and we accept no liability as a result of you accessing such websites or entering into contractual arrangements with the operator in question.

21 - Users may insert a simple link to the Website from their own website provided that:

21.1 - the website on which the link appears contains no unlawful, obscene, or offensive content and does not contain any links to such content;

21.2 - the website on which the link appears is not likely to cause anxiety, loss, harm or personal injury to its readers; and

21.3 - the link in no way has a negative impact on the reputation of NICE.

22 - We reserve the right to terminate any links to the Website at any time without notice and at our sole and absolute discretion.

Privacy

23 Any information generated by users visiting the Website will be handled in accordance with the NICE Information Charter, NICE policies [the DPA policy is being updated] and where applicable the Data Protection Act 1998. Further information about how we may use your personal information and your rights to change or delete it can be found in the Information Charter.

Availability of the Website

24 - We will make reasonable endeavours to ensure that this Website is generally available but make no representation or guarantees as to such availability.

25 - We reserve the right to withdraw access to all or any part of this Website for periods of time in order to modify any of the content, for scheduled or unscheduled maintenance and for other purposes, without notice to you.

26 - As you will receive this Website via third party telecommunications networks, you acknowledge that NHS Evidence cannot guarantee that the availability of this Website will be uninterrupted or error free. Similarly we cannot guarantee that the transmission of any information over such telecommunications networks will be secure nor that you will be able to access this Website at all times.

27 - This Website is therefore provided to you on an “as is” and “as and when available” basis, and your use of this Website is at your own risk.

Disclaimers

28 - We have processes in place to ensure that the contents of this Website are accurate and that the links it publishes directing the user to third party websites function properly. However, we give no assurances regarding the currency, accuracy or applicability of any of the Website's content.

29 - Due to the nature of the Website we cannot guarantee the prompt editing or removal of any inappropriate or inaccurate information. If you find any information that is inaccurate or inappropriate then please contact us.

30 - While we use virus checkers to check the content of the Website we are unable to guarantee that the Website will never be faulty, nor that it will work continuously, nor that it will be maintained in a fully operational condition nor virus and/or error free. However we will use reasonable endeavours to correct serious faults reported by you as soon as we reasonably can.

31 - You should always check any content before downloading. Any Website content is downloaded by you at your own risk and on the basis that you will be solely responsible for any damage to your computer system or loss of data that result from the download of such content.

32 - Without prejudice to any other limitations or exclusions of our liability in these Terms of Use we shall have no liability whatsoever in respect of any failure on our part to repair a fault in the Website or to provide continuous access to it.

33 - Without prejudice to any other limitations or exclusions of our liability in these Terms of Use we shall have no liability whatsoever in respect of any inability on your part to obtain access to the Website whether through any denial of service, attack or otherwise.

34 - You are responsible for the provision of and payment for all telecommunications services necessary to use the Website and all hardware, equipment and other services (including but not limited to computers, modems and any other communication equipment) necessary to use the Website.

35 - We provide the Website to you without any conditions, warranties, or guarantees whether express or implied, including but not limited to any implied warranties or conditions as to the satisfactory quality or fitness for a particular purpose, which are expressly excluded to the extent permitted by law.

Our liability

36 - Nothing in these Terms of Use shall or shall be deemed to limit our liability to you for any personal injury or death caused by our negligence or for any fraud perpetrated by us.

37 - Subject to paragraph 36, you acknowledge that in respect of your use and access of the Website we shall not be liable to you in contract, tort (including negligence) or otherwise for:

37.1 - any damage or loss arising from the consequences of viruses received by you via the Website or of our failure to provide the Website in accordance with these Terms of Use;

37.2 - any economic losses (including loss of profits) any indirect or consequential losses, loss of data, goodwill or reputation, or for any wasted expense including but limited to losses caused by viruses,

and any other liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to the Website (including any information contained on it) is limited to £500.

38 - In any event we will not be liable for any failure to perform our obligations under these Terms of Use if we are prevented from doing so by an event beyond our reasonable control.

Your Liability

39 - You agree to indemnify and hold us harmless from any:

39.1 - claims (including third party claims);

39.2 - losses, demands, costs, expenses (including legal costs and expenses);

39.3 - fines; and/or

39.4 - any other liabilities whatsoever (including (without limitation)) any liability arising out of any action brought against us for misrepresentation or negligent misstatement.

arising from any access to or use of the Website by you, or by any person who may be authorised by you or for whom you are responsible to the extent such use is in breach of these Terms of Use and/or unlawful, and save always to the extent that any such claims, losses, demands, costs, expenses, fines or other liabilities arise directly due to our negligence or default.

40 - You acknowledge that this indemnity is appropriate and reasonable given the nature of the Website, and that you are accessing the Website at no additional charge to yourself.

Jurisdiction

41 - The laws of England shall apply to these Terms of Use and all matters relating to use of the Website. Any cause of action arising under these Terms of Use or the use of the Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Amending these terms of use

42 - From time to time NICE may at its sole discretion amend these Terms of Use. Your continuing use of the Website constitutes your acceptance of and agreement to any changed terms and conditions. NHS Evidence will post details of any such changes on the Website in a timely manner.

Enforceability

43 - If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

Interpretation

44 - Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

No Waiver

45 - Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to subsequent or similar breaches.

Entire Agreement

46 - These Terms of Use set forth the entire understanding and agreement between you and the NHS Evidence with respect to your use of the Website and your relationship, from that use, with us.

Further Information

47 - If you would like to make any comment or complaint about the Website please email contactus@evidence.nhs.uk.

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