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.

1. ACKNOWLEDGEMENTS

The terms of our Privacy and Cookie Policy (see below), are incorporated into these terms and set out the ways in which we process personal data we collect from you. By using the Software, you consent to such processing and you warrant that all data provided by you is accurate. The Software is made available free of charge. We do not guarantee that the Software, or any content on it, will always be available or be uninterrupted. We will not be liable to you if for any reason the Software is unavailable at any time or for any period. We may update these terms from time to time. If we update these terms, we will inform you when you next log in to use the Software and you will be asked to click on the button and “Accept” the most recent terms to continue to use the Software. You must treat your username and password as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at [insert email].

2. GPSOC CONTRACTS

Under the GP Systems of Choice programme, we have a framework agreement with the Secretary of State for Health and call off agreements with organisations who order services on behalf of GPs ("GPSoC Contracts"). The scope of provisions in the GPSoC Contracts includes accreditation, deployment and provision of services, including patient facing services. If your GP has provided you with access to these services, then the services you are using are likely to fall under the scope of the GPSoC Contracts. The GPSoC Contracts deal with our liability for breaches of obligations and standards in relation to the services and nothing in these terms or Privacy and Cookie Policy shall affect that liability or any other provisions set out in the GPSoC Contracts. In the event of any conflict between the GPSoC Contracts and these terms or Privacy and Cookie Policy, the GPSoC Contracts shall prevail.

3. GRANT OF LICENCE

In consideration of you agreeing to abide by these terms, we grant you a non-transferable, non-exclusive licence to use the Software, subject to these terms and the Privacy and Cookie Policy. We are the owner or licensee of all intellectual property rights in the Software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may only use the Software for your personal use. You must not use any part of the Software for commercial purposes. Except as expressly stated in this clause 2 and as may be permitted by law, you have no right (and shall not permit any third party) to copy, lease, sub-license, loan, translate, merge, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Software in whole or in part.

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. TERMINATION

We 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 support@microtest.co.uk. 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.

10. GENERAL

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.

PRIVACY & COOKIE POLICY

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.

12. COOKIES

The Online Portal uses cookies to distinguish you from other users. This helps us to provide you with a good experience and also allows us to improve the Online Portal. Cookies are small data files which are stored on the hard drive of your computer. Cookies contain certain personal information about you, which help us to deliver a better and more personalised service. You may refuse to accept cookies by activating the setting on your browser which allows you to reject cookies. However, if you select this setting you may be unable to access certain parts of the Online Portal. We use the following cookies:

  • 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:

Name Purpose
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.

17. CHANGES TO OUR PRIVACY & COOKIE POLICY

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.

18. CONTACT

Questions, comments and requests regarding this policy are welcomed and should be addressed to support@microtest.co.uk

Last updated: July 2017