1. Terms of website use
1.1. These Terms and Conditions apply to your use of this website (the ‘Site’). By accessing or using any part of this Site you are deemed to have accepted these Terms and Conditions and agree to be bound by them. If you do not accept the Terms and Conditions you should exit the website immediately.
1.2. This Site is owned and operated by the National Clinical Assessment Service ('NCAS'). NCAS is an operating division of the National Health Service Litigation Authority. In these Terms and Conditions, any reference to "we," "us," "our," and similar terms means the National Clinical Assessment Service, including any subsidiary we control.
1.3. This Site and the information, materials and documentation contained in it are provided to you subject to these Terms and Conditions. NCAS reserves the right, at its sole discretion, to make changes to these Terms and Conditions and your continuing use of this Site constitutes your acceptance of, and agreement to any changes. Any changes will be notified to you on the home page of the Site and you will always be able to view the most current version of the Terms and Conditions of use by clicking on a link at the bottom of any page on our Site.
2. Accessing our Site
2.1. Access to our Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
2.2. We aim to update our Site regularly and may change the content at any time. If the need arises, we may suspend access to our site or close it indefinitely. Any of the material on our Site may be out of date at any given time and we are under no obligation to update such material.
3. Content and liability
3.1. The content on this Site is provided for general information purposes only and should not be relied upon for any specific purpose. NCAS makes no guarantees, conditions, assurances, representations or warranties whatsoever as to the accuracy and applicability of any content available on this Site or as to its fitness for any specific purpose. For the avoidance of doubt, all conditions, warranties, representations and other terms, whether express or implied by i) statute, ii) common law, iii) the law of equity, or iv) otherwise, are hereby expressly excluded.
3.2. It is your responsibility to evaluate the content of this Site. NCAS accepts no responsibility and expressly excludes any liability for any direct, indirect or consequential loss or damage suffered or incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, or any reliance by the user on this Site, including but not limited to:
3.2.1 loss of income or revenue;
3.2.2 loss of profits;
3.2.3 loss of business;
3.2.4 loss of anticipated savings;
3.2.5 loss of goodwill;
3.2.6 loss of data; and
3.2.7 whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
3.3. This does not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
3.4. If you are an individual who chooses to access the information on this Site, 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 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.
4. Use of the Site
4.1. You agree not to use this Site in any way which may disrupt, interfere with or restrict the use of this Site by other users. You must not misuse our Site by knowingly introducing viruses, Trojans worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain authorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
4.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
4.3. The NCAS does not warrant or represent that files available for downloading through the Site will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties or other material which is malicious or technologically harmful.
4.4. NCAS will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
4.5. You shall indemnify and keep indemnified the NCAS against any direct, indirect or consequential loss or damage which the NCAS incurs as a result of the use by you of this Site otherwise than in accordance with these Terms and Conditions.
5.1. All copyright and other intellectual property rights in relation to any material on this Site (except where this material has been sourced from, or is explicitly accredited to third parties) are owned by NCAS or its subsidiaries. All such rights are reserved.
5.2. You may view this Site online, download individual articles, print or email pages of content, download tools to your personal or handheld computer, and print a reasonable number of copies of pages provided this is for your personal study or personal education purposes and is not for commercial purposes.
5.3. You must not remove any copyright notices from our materials, nor adapt, modify or edit any such materials. You must not sell our information or material, redistribute it, put it on your own website (or anyone else’s), or use it for any commercial purpose without our prior written permission.
5.4. If you print off, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the material you have made.
5.5. To contact us for notice of claims of copyright infringement on or regarding this website contact email@example.com.
6.1. All trademarks are the property of their respective owners as shown on this Site. Any use of NCAS trademarks requires our prior written approval.
7.1. The NCAS does not operate, control, supply, endorse, warrant or guarantee any products, services or merchandise available on this Site or through the Internet generally, in any way.
7.2. Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your convenience and information only. We do not endorse or accept any responsibility or liability for the content or use of such sites. Links are made to or from our Site at your own risk.
7.3. You may create a simple link to this Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not frame our Site or incorporate pieces of it into a different site or product. You may not link to this Site if you create or post illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation. We reserve the right to terminate any links to this Site at any time at our sole discretion.
7.4. You must not establish a link from any website that it not owned by you. If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
9.1. If you do not comply with these Terms and Conditions, we may block your access and suspend or eliminate any registrations you have made. We may also take any legal action if, at our sole discretion, we think it is appropriate. Any failure by NCAS to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
9.2. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
9.3. The National Clinical Assessment Service controls this Site from its offices within England. You agree that by accessing this Site the laws of England will apply to this agreement and all matters relating to use of this Site. You further agree that any cause of action arising under these Terms and Conditions shall be brought exclusively in any court in England.
9.4. The National Clinical Assessment Service makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.
10.1. We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Site.