User policy
Please take a moment to read the following User Policy. If there is anything you do not understand, then please use the contact details displayed within the ‘Contact’ page to get in touch.
1. Acceptance of this User Policy
Your access and use of this assessment portal including any and all content, information and materials provided within it is subject to your acceptance of, and compliance with, the provisions of this User Policy.
IMPORTANT: By accessing and using Millbrook Healthcare’s Self-Assessment Portal you will automatically be taken to have read, understood and accepted this User Policy. If you do not agree to be bound by this User Policy please leave the site and contact us to remove any information which may have been stored from previous usage.
2. Availability of the Self-Assessment Portal
While we use reasonable endeavours to ensure that the assessment portal is generally available we make no guarantees as to such availability.
We reserve the right to withdraw access for periods of time in order to modify the content for scheduled or unscheduled maintenance and for other purposes, without notice to you.
3. Your obligations
IMPORTANT: You may only use the self-assessment portal (including any content which you access or download) for lawful purpose(s), and in any event in accordance with this User Policy.
You agree:
• not to use information within this site (including product information) for your personal commercial gain or to sell any of the content or other material copied or downloaded from Millbrook Healthcare’s assessment portal.
• to comply with any legal and advisory notices contained within the site
• to respect and comply with the legal rights of others, in particular our rights
4. Ownership and Licence
You acknowledge that all rights in copyright, database rights, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world, for the full duration of such rights (“IP Rights”) in Millbrook Healthcare’s self-assessment portal (including in the Database or the product information) are owned by Millbrook Healthcare.
Except for your use of this assessment portal in accordance with this User Policy, you are granted no IP Rights in respect of this assessment portal.
All trademarks, logos, titles, brand and product names (the “Trade Marks”) which are featured in this assessment portal are owned by Millbrook Healthcare.
You may only use or refer to any Trade Marks which are included in content downloaded, copied or printed by you in accordance with this User Policy. 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 express written consent from Millbrook healthcare.
5. Links
Millbrook Healthcare’s self-assessment portal contains links to other websites which are not under our control. These links are provided for guidance 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 of such websites, or any products or services contained on them.
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.
6. Modifications to this User Policy
This User Policy could be amended so we therefore suggest that you periodically review the user policy.
7. Disclaimers
While we do endeavour to ensure that the information contained in this Website is accurate, appropriate and up-to-date, you should note that:
since much of the content of the assessment portal is provided in collaboration with partners, suppliers or distributors we cannot and do not undertake to monitor every item on the Database;
we make no representations, warranties or endorsements about either the information included in the self-assessment portal or its accuracy (including in relation to any opinions or advice given)
products recommended in the assessment portal are for guidance purposes only and should not replace a face to face assessment from a qualified healthcare or clinical professional; nor should it be treated as a substitute for the advice of your own doctor or any other health care professional.
you should always consult your own GP if you are in any way concerned about your health or the health of another person.
While we endeavour to check and review the content with the assessment portal, we are unable to guarantee that is virus and/or error free. You should always check any content before downloading. Any content is downloaded by you from the assessment portal 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.
IMPORTANT: Please note that you are solely responsible for any decisions you take based on the information provided within this assessment portal.
8. Our Liability
We do not limit our liability if you die or are injured as a result of our negligence, or if you suffer loss as a consequence of any fraud by us (or for any other liabilities which we may not by law exclude) and nothing in this User Policy should be read as making any such limitations.
We shall not be liable to you in contract, tort (including negligence) or otherwise for:
any loss or damage arising from your use of Millbrook Healthcare’s assessment portal;
any loss or damage arising as a consequence of viruses as a result of using Millbrook Healthcare’s assessment portal;
In any event we will not be liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control.
9. Your Liability
We reserve the right to suspend or terminate your access to Millbrook Healthcare’s assessment portal without notice to you, if we reasonably believe you and/or the organisation that has granted access to Millbrook Healthcare’s assessment portal to you (as applicable) to have breached this User Policy.
You agree to indemnify us from and against any liability, loss, damage or expense caused to any person to the extent such losses, damages and expense is caused by your use of Millbrook Healthcare’s assessment portal.
10. General
Please note the following:
• any failure or delay by us to bring legal proceedings in relation to Millbrook Healthcare’s assessment portal, the Database, the Factsheets, the Reports or this User Policy or otherwise shall not be regarded as a waiver of any rights. Indeed, if we do waive any such rights, this shall not be regarded to be a waiver of any other or future rights we may have;
• if any paragraph, or part of any paragraph, of this User Policy is found by any Court, or other competent body to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, that part shall be deemed to be severable from this User Policy and the remaining provisions of this User Policy shall continue in full force and effect;
• no term of this User Policy shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party, who is not a party to this User Policy;
• you may serve any formal notice on us by contacting us and we may serve a formal notice on you, by either first class post or email and such notice will be regarded as formally received by the other on the next day that is not a weekend or a bank holiday;
• this User Policy represents all the terms and conditions of your agreement with us that arises automatically when you use Millbrook Healthcare’s assessment portal, and supersedes any previous agreements between us relating to your use of Millbrook Healthcare’s assessment portal;
• you acknowledge that (in relation to your use of Millbrook Healthcare’s assessment portal) you have not relied on any statement, representation, warranty or understanding made by us or on our behalf (whether or not made negligently) other than those expressly set out in this User Policy;
This User Policy shall be interpreted in accordance with English Law and in relation to any disputes which may arise in relation to this User Policy or Millbrook Healthcare’s assessment portal, you and we submit to the exclusive jurisdiction of the English Courts.
11. Contacting Us
You can contact us by sending an e-mail message to: dpo@millbrookhealthcare.co.uk
Integrated Governance, Millbrook Healthcare Ltd, Calmore Industrial Park, Nutsey Lane, Totton, Hampshire, SO40 3XJ
Millbrook Healthcare 2019