Terms of Service
THE WAITING ROOM
END USER LICENCE TERMS
These end user licence terms (“terms”) are a legal agreement between you and Microtest Limited a company registered in England and Wales with company number 02162053 whose registered office at 18 Normandy Way, Bodmin, Cornwall PL31 1EX (the “we” or “us”) and governs your use of the online software component known as The Waiting Room (accessible at www.thewaiting-room.net), including updates and new releases issued from time to time (“Software”), electronic and physical documentation (“Documentation”). By clicking the “Accept” button you agree to these terms. You will be asked to click the “Accept” button the first time you log in and use the Software. If you do not agree to these terms, you must not use the Software. We recommend that you print a copy of these terms for future reference.
2. GPSOC CONTRACTS
3. GRANT OF LICENCE
4. ACCEPTABLE USE RESTRICTIONS
You must not:
(a) use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by booking appointments which you cannot attend;
(b) infringe our intellectual property rights in relation to your use of the Software;
(c) use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(d) collect or harvest any information or data from the Software or attempt to decipher any transmissions to or from the servers running the Software. (collectively referred to as “Acceptable Use Restrictions”)
5. DATA PROTECTION
We have no rights in your personal data (as defined in the Data Protection Act 1998 (the “DPA”)). When processing your medical records, the healthcare organisation to whom you have provided the personal data shall be the data controller and we shall be the data processor (as defined in the DPA). We shall:
(a) process such data only in accordance with the data controller’s instructions and these terms;
(b) implement appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure; and
(c) not process or transfer any personal data outside the European Economic Area.
6. LIMITATION OF LIABILITY
You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functions of the Software meet your requirements. We only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or for any indirect or consequential loss arising under or in connection with these terms which fall within any of the following categories: special damage; or loss of goodwill, or loss of, or damage to, data or information. Our maximum aggregate liability under or in connection with these terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £10,000. This does not apply to the types of loss set out below. Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Software or any content on it, whether express or implied.
7. TERMINATIONWe may terminate your access to the Software immediately if you:
(a) commit a material or persistent breach of these terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so. A breach of clause 2 will constitute a material breach of these terms; and
(b) breach any of the Acceptable Use Restrictions;
On termination for any reason all rights granted to you under these terms shall cease and you must immediately cease using the Software.
8. THIRD PARTY LINKS
Where we provide links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources
9. CONTACT US
If you wish to contact us in writing, you can send this to us by e-mail to email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us when you register to use the Software.
Each of the clauses of these terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clause will remain in full force and effect. These terms, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
Microtest Limited ("We") are committed to protecting and respecting your privacy. This policy (together with our end-user licence terms) applies to your use of our online software component known as The Waiting Room which is available at www.thewaiting-room.net (the “Online Portal”). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using the Software you consent to the practices described in this policy. For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Microtest Limited whose Data Protection Registration Number is Z582500X. For clarity, please note this does not include your medical records for which your healthcare organisation is the data controller as described in 5 above.
11. INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information you give us. You may give us information by filling in forms on the Online Portal or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use the Online Portal. The information you give us may include your name, date of birth, NHS number, address, e-mail address and phone number (“Registration Information”).
- Information we collect about you. With regard to each of your visits to the Online Portal we may automatically collect the following information: technical information, including the Internet protocol (“IP”) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
- information about your visit, including the full Uniform Resource Locators (“URL”) clickstream to, through and from the Online Portal (including date and time), page response times and resources used and pages visited.
(collectively referred to as “Usage Information”) The Online Portal may, from time to time, contain links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
- Strictly necessary cookies. These are cookies that are required for the operation of the Online Portal. They include, for example, cookies that enable you to log into secure areas of the Online Portal.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
|TWRSESSION||This cookie is used solely for identification and authentication purposes. This information is not used for tracking or shared with third parties.|
|twr-cookie-alert||This cookie is used to determine whether or not the alert required by EU law about cookie usage is displayed.|
13. USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- Information you give to us. We will use your Registration Information to manage your account and for our own internal administration purposes.
- Information we collect about you. We will use your Usage Information to monitor, gather and use “usage” statistics. We do not disclose information about identifiable individuals and “usage” statistics will always be anonymised;
- to improve the Online Portal to ensure that content is presented in the most effective manner for you and for your computer; and
- as part of our efforts to keep the Online Portal safe and secure.
14. DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets provided that you have provided your express consent to the disclosure of your information;
- if Microtest Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its end users may be one of the transferred assets provided that you have provided your express consent to the disclosure of your information;
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to protect your vital interests or the vital interests of other end users;
- in the form of “usage” statistics to your healthcare organisations including Clinical Commissioning Groups, your practice and NHS England in which case your information will be anonymised; and
- other than in the form of “usage” statistics which is covered above, to your healthcare organisations provided that you have provided your express consent to the disclosure of your information to the healthcare organisation.
15. WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from will be stored in the European Economic Area ("EEA"). All information you provide to us is stored on our secure servers. You are responsible for keeping your username and password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Online Portal; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
16. ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
We may update this policy from time to time. If we revise this policy, we will inform you when you log in to use the Online Portal.
Questions, comments and requests regarding this policy are welcomed and should be addressed to firstname.lastname@example.org
Last updated: July 2017