IREFER ACCESS AGREEMENT - ANNEX
The iRefer website (“Site”) is owned and operated by The Royal College of Radiologists (“RCR”, “we” or “our” as applicable). We provide, through the Site, access to the electronic version of the 8th edition of our ‘iRefer’ referral guidelines only, including any updates to that edition we may choose to make from time to time (“Guidelines”).
We provide access to our Site and Guidelines through different channels (e.g. online via the Site or via the iRefer App) and via a number of different locations or links depending on whether you are accessing the Site via the intranet system of a regional UK health authority, as a member or Fellow of the RCR or following your purchase of a subscription to access the Site directly via www.irefer.org.uk.
By using the Site you are agreeing to be bound by these Conditions of Use. They govern the rights you, as an authorised user, acquire to use that content which includes our Guidelines. You should therefore read them carefully to ensure that you understand them before using the Site. If you have any queries relating to them, please contact us by e-mail at firstname.lastname@example.org. If you do not wish to be bound by these Conditions of Use, you should not use the Site.
1. Conditions of Access
1.1 You may only access and use this Site if you:
· are 18 years of age or over; and
· are accessing the Site via your Authority’s intranet system from an internet protocol address authenticated by our servers.
1.2 You must only use the Site and its content in connection with the provision of private or publicly funded healthcare services in the UK and/or to assist in teaching and training in connection with such services, in each case, only for the purpose of performing your duties for your employer.
1.3 You must make use of the Site and its content in accordance with the permissions and restrictions of use set out in paragraph 2 below.
2. Permissions and Restrictions of Use
Permission to use the Guidelines and other content on the Site
2.1 You may only use the Site and its content (including the Guidelines) in accordance with the conditions of access set out in paragraph 1 in the following ways for internal use only:
to view the Guidelines, images and other digital content online; and
to use the functionality provided on the Site to browse and search that content.
Restrictions on the use of the Guidelines and other content on the Site
2.2 You may not use the Guidelines or other content in any way not permitted above in paragraph 2.1, in particular, you may not:
copy, adapt, vary, modify, translate, transpose or permanently store, in part or in whole, the Guidelines or any other content on the Site. To be clear this means that you are not permitted to:
permanently store by saving part or all of the pages and/or content on the Site using software with an ‘offline browsing’ or similar mode;
reproduce or incorporate the content from the Site in another document e.g. by saving any page of the content using your web browser, by using the functionality provided by the software on your access device to ‘copy and paste’ any content from the Site into an electronic document or by converting any of the content into another file format (e.g. PDF); or
photograph or record as or convert into video or audio, all or any part the content.
use the content to compile a database of, or re-create the whole or substantial part of the content by making repeated and systematic copies of insubstantial parts of, any of the content.
alter, modify or circumvent or attempt to circumvent, any copy protection and/or digital rights management measures within the Site or the content made available through it.
alter or remove any watermarks and/or acknowledgements included in the content.
knowingly permit anyone else to access, view or otherwise use the Site or Guidelines or other content made available through it.
distribute or make available to any unauthorised users or any third parties any content or other part of the Site (including to or via a mobile or portable electronic device).
use the Site or its content for any illegal purpose and in particular you will not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks through which the Site is made available.
sub-license, sell, rent or distribute the Guidelines or any other content that the we make available through the Site.
place a link on any publicly available website to any page, content or other part of the Site.
2.3 Please note: If you are unclear about how you are permitted to use the Site and its content in accordance with these Conditions of Use, please ask us by contacting as by e-mail at email@example.com.
2.4 If you wish to use our content in any way not expressly permitted in these Conditions of Use, you must first request our written permission. We may grant or withhold permission for such use at our own discretion.
2.5 If you would like to purchase a hard copy of the 8th edition of our referral guidelines, please contact us by e-mail at firstname.lastname@example.org.
3.1 We make every effort to make the Site available to you at all times save for routine maintenance, and to restore access to these services as soon as possible in the event of their interruption or suspension.
3.2 We reserve the right:
3.2.1 to conduct essential maintenance, software upgrades and other works necessary to maintain the efficient provision of the Site;
3.2.2 to make changes at any time to all or any parts of the Site and/or the content made available through it, including the Guidelines. These changes may take the form of the addition, revision, correction, removal or editing of content or the migration to a different format. Furthermore, these changes may be made for legal, editorial or other reasons;
3.2.3 to introduce appropriate technical protection measures to control access to the Site and/or use of any content on the Site in accordance with these Conditions of Use; and
3.2.4 to withdraw access to the Site for any reason at our sole discretion, including but not limited to, if the provision of the Site is no longer commercially viable or if the Guidelines become out of date.
4 MISUSE AND/OR UNAUTHORISED USE
4.1 We reserve the right to monitor your use of the Site. In the event of any unauthorised use or misuse of the Site by you or a third party (including any breach by you of these Conditions of Use), we may, at our discretion and without prejudice to any other remedy, suspend or terminate your or all user access to the Site by such method as we deem appropriate. In the case of suspension, this will continue until we are satisfied that the unauthorised use will not recur.
5 THIRD PARTY SOFTWARE
5.1 You acknowledge that you might need to download and activate certain third party software in order to access and use the Site. This software will be clearly identified on the Site.
5.2 In order to use such third party software or technology you may have to explicitly accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third party software or their licence terms.
6.1 The Site may include links to third party websites such as websites relating the provision of healthcare in the United Kingdom. We have not reviewed these third party websites, do not control and are not responsible for them or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
6.2 If you decide to access any other websites that we own or operate (e.g. www.rcr.ac.uk), your use of those websites will be governed by separate terms and conditions.
6.4 You may only access the Site from the link made available to you by your applicable Authority via its intranet system. You may not place a link to the Site or any part of it on a publicly accessible website, in accordance with the restrictions of use set out in paragraph 2.2.
8 Intellectual property
8.1 You acknowledge that all copyright, database right, trademarks and all other intellectual property rights in the Site and the Guidelines and other content made available via the Site, will at all times remain vested in the RCR or its licensors, which reserve all such rights.
8.2 You shall at our request and expense do all such things as may be reasonably required to assist us in taking or resisting any legal proceedings in relation to any infringement of any such rights.
8.3 For information on how you are permitted to use the content made available on the Site, please see the conditions of permitted uses and restrictions of use set out above under paragraph 2 in these Conditions of Use.
8.4 “The Royal College of Radiologists”, “MBUR” and “iRefer” are trademarks of the RCR. All other brand names and trademarks that appear on the Site are trademarks or trade names of their respective holders. No permission is given in respect of the use of any of these brands or marks, and any such use may constitute an infringement of the holder’s rights.
9 WARRANTIES AND INDEMNITIES
9.1 The RCR warrants that it will operate the Site with reasonsable skill and care.
9.2 You agree to indemnify, defend and hold harmless the RCR, its officers, members, employees, fellows, licensors from and against any claim, liability, cost, damage or loss the RCR may incur (including reasonable legal fees) as a result of any actions you take which disrupt access to and/or the functioning of the Site and/or any breach by you of your obligations under these Conditions of Use, including but not limited to any breach by you of the permissions granted to you under these Conditions of Use.
10 EXCLUSIONS & LIMITATIONS OF LIABILITY
10.1 Except for the express warranty stated in paragraph 9.1, the content and services available on the Site are provided on an "as is" basis. Subject to paragraph 10.3 these Conditions of Use shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.
10.2 In particular:
10.2.1 we do not make any promises about the availability of the Site or promise that your access to the Site or our content will be delivered uninterrupted, timely or error-free;
10.2.2 we disclaim any liability in connection with any technical problems you may experience with the Site which may result in interruptions to the Site. We make no warranties in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the server that makes it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
10.2.3 the Guidelines and other content on the Site have been produced by us for use by appropriately qualified professionals, and the making of any decision regarding the applicability and suitability of the material in any particular circumstance is subject to the user’s professional judgement. Although the Site is provided in good faith and we try to ensure that the information on the Site is accurate and complete, we cannot and do not guarantee the accuracy, integrity, quality or completeness of the content available via the Site or its usefulness for any particular purpose. Accordingly, subject to paragraph 10.3, we, our officers, members, employees, Fellows, or any other person contributing to the formulation of the content on the Site shall not be responsible for any loss of any nature or harm suffered by you, or by any of your clients, customers, patients or other third parties, as a direct or indirect result of your/their use of any of the content or services available on the Site or of making any decision or taking any action (or refraining from doing so), based wholly or partly on the Guidelines or any other information or data contained within the content on the Site.
10.3 Nothing in these Conditions of Use will restirct our liablity for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be limited or excluded by applicable law.
10.4 Subject to paragraph 10.3 and to the fullest extent allowed by law, we will not be liable for (i) death or personal injury except as a result of our negligence; (ii) any loss of: data; use; reputation; goodwill or opportunity; (iii) any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether such loss is direct or indirect; or (iv) any indirect, special, incidental, punitive, consequential damages or losses that you may suffer, in each case, (save for (i)), howsoever arising.
10.5 Other than as set out above, our maximum aggregate liability to you for all claims whether arising in contract, tort, out of breach of statutory duty or otherwise, and, whether in respect of a single event, series of connected events or of unconnected events, will be limited to £100.
Changes to these Terms and the Site
11.1 We may mke changes to from time to time to all or any parts of the Site or its content for legal, regulatory, editorial or other reasons. We may change these Terms at any time by sending you an e-mail with the modified Terms or by posting a copy of them on the Site. Any changes will take effect seven (7) days after the date of the e-mail or the date on which we post the modified Terms on the Site, whichever is the earlier. Your continued use of the Site after that period expires means that you agree to be bound by the modified Terms.
11.2 To ensure that you are aware of the most up to date version of these Terms, you will be asked to read and accept these Terms each time you place an order. We also recommend that you print and keep a copy for your records. To print, please press CTRL + P if you are using the Windows operating system or Cmd + P if you are using Apple OSX.
11.3 You may not assign, sub-license or transfer all or parts of your rights or obligations under these Conditions of Use without our prior written consent.
11.4 Occasionally we are unable to perform our obligations under these Conditions of Use due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, system failure, fire, flood, earthquake and other natural physical disasters, strikes, trade disputes, lock outs, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
11.5 Each party acknowledges that in accepting these Conditions of Use it has not relied and is not relying on any representations or warranties (whether implied or otherwise) other than those expressly set out in these Conditions of Use and the parties irrevocably and unconditionally waive any right they may have to any remedy in respect of any other such representation or warranty except in the case of fraud.
11.6 If any of these provisions is deemed invalid, illegal, void, unenforceable or in conflict of the applicable law of any jurisdiction, that provision will be deemed severable from the rest and will not affect the validity, legality and enforceability of any remaining provisions.
11.7 If you breach these Conditions of Use and we choose to ignore your breach, we will still be entitled to use the rights and remedies available to it at a later date or in any other situation where you breach the Conditions of Use again. A waiver of any provision(s) of these Conditions of Use by us shall not be deemed a waiver of any other provision(s) of these Conditions of Use.
Exclusion of third party rights
11.8 These Conditions of Use do not create any right enforceable by any person who is not a party to them.
11.9 Any disputes or claims arising out of or in connection with the contract are governed by and construed in accordance with the laws of England and Wales.
11.10 In the event of any dispute or controversy arising out of or in connection these Conditions of Use, the parties agree to follow the procedure set out below:
11.10.1 We shall both in the first instance, use our reasonable efforts to resolve the dispute as soon as possible. We each shall, without delay, continue to perform our respective obligations under these Conditions of Use, which are not affected by the dispute.
11.10.2 If we are both unable to resolve the dispute, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.
11.10.3 If neither of us initiate the mediation procedure within 14 days of the dispute arising or if we both fail to agree terms of settlement within 30 days of the initiation of the procedure, we shall both resolve the dispute by binding arbitration before a single arbitrator in accordance with the then current international arbitration rules of the International Chamber of Commerce. The arbitration shall take place in London, England. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Conditions of Use.
11.11 Nothing in this paragraph or in the Rules of the International Chamber of Commerce shall prevent either you or us from applying to the court of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.
12.1 All notices required or permitted under these Conditions of Use will, when provided by us, be given in writing to the address and/or the most recent e-mail address of the administrative contact provided by your applicable Authority, or, when being provided by you, be given in writing to our postal address in paragraph 14 below using an internationally recognised express courier service.
13.1 If you have any complaints, please contact us by e-mail at email@example.com or by post using the address below and we will do our best to resolve them.
14. Contact Us
The Site is owned and operated by The Royal College of Radiologists, a body constituted by Royal Charter in England and a charity registered with the Charity Commission for England and Wales.
Principal Address: The Royal College of Radiologists
63 Lincoln's Inn Fields
London WC2A 3JW
Telephone: +44 (0)20 7405 1282
Charity registration no: 211540
VAT registration no. 706 9665 05