TERMS & CONDITIONS
The One.Surgery Platform:
Section 1: General
1.1 These terms and conditions apply to the website requiring registration and secure log on at one.surgery.
This website comprises a suite of online tools including an electronic logbook for clinicians in low income countries, designed to facilitate on going professional development, as well as teaching resources and a blogging social networking platform. References in these terms and conditions to the “Website” shall be taken to include the logbook and all related tools on the website, one.surgery.
1.2 Access is dependent upon your account being verified with appropriate ID checks and if possible, registration with a regulatory body. Once you have registered with the Website, access to it is also dependent upon use of your authorised password.
1.3 Please read these terms and conditions carefully as they govern our relationship with you in relation to the Website. If you have any questions about them or do not wish to accept them, please contact us at firstname.lastname@example.org. By using the Website, you accept these terms and conditions.
1.4 We may change these terms and conditions at any time by updating this page. However you should also check this page annually to review these terms and conditions to ensure you are happy with any changes.
1.5 You must not misuse the Website, including, without limitation, by hacking into it and including as explained in sections 3 and 4 of these terms and conditions.
1.6 These terms and conditions are between you and the overall entity of One.Surgery, a non-profit platform to advance the provision of safe surgery worldwide.
1.7 Please note that you and the Website will be data controllers in common in respect of any personal data or sensitive personal data relating to any third party and submitted by you on this website and in your logbook. Your obligations as Data Controllers are set out at section 11.1 of these terms and conditions. You must read these carefully and contact us using the details in section 2 if you are unsure about these obligations.
Section 2: Contacting Us
2.1 You can contact us by email at email@example.com
Section 3: Security and access
3.1 By accessing the Website we assume that you are properly authorised to do so and once proceeding beyond these terms and conditions to log in to the restricted access area that you have been granted a valid password by us and are properly authorised by us to do so.
3.2 If you have accessed the Website but are not authorised to do so, you must not proceed further and must inform us as soon as possible so that we can deal with any maintenance or security issues as soon as possible.
3.3 In using the Website you must:
3.3.1 not input or post to the Website (except as permitted by section 12) any confidential information, third party Personal Data (especially Sensitive Personal Data) and in particular patient identifiable confidential medical data;
3.3.2 not disclose any information, nor act in breach of any relevant employment contract or similar in relation to your position, and/or any related policy or policies or in breach of any other agreement;
3.3.3 not disclose any ideas, materials, or works which you wish to keep confidential, or do or may wish to protect or obtain intellectual property protection for in the future.
3.4 You hereby grant to us a licence to use all information that you post or input to the Website for the purpose of product development and statistical analysis.
3.5 You must keep your password and your secure log on details confidential and secure. You must not share them with anyone else nor allow any other person to access this part of our website using your details. They are for use solely by you, in accordance with these terms and conditions and not otherwise.
3.6 You must update or otherwise change your password and/or other log on details whenever required by us.
3.7 You must notify us as soon as reasonably practicable if you lose, or forget your secure password and/or other log on details.
Section 4: Information you provide on this website
4.1 You must not post to, transmit to, or input into the Website any material:
4.1.1 which is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, blasphemous, menacing or harassing;
4.1.2 that is in breach of copyright, breach of confidence, breach of privacy or breach of contract or licence, or without licence or necessary authority;
4.1.3 which is untrue or misleading (including providing incorrect information on operations or procedures allegedly carried out by you);
4.1.4 which is unlawful or illegal in the jurisdiction where you are using the Website;
4.1.5 which is technically harmful (including without limitation, computer viruses, worms, Trojan horses, logic bombs, corrupted data or other harmful or malicious software and/or data); and/or
4.1.6 which amounts to Sensitive Personal Data save as permitted by section 12.
nor hack into the website in whole or part, nor attempt to affect the website and/or its operation by any denial of service attack or similar or comparable act or omission.
4.2 We are entitled fully to co-operate with any law enforcement agency or authority or investigation, in this regard, including by identifying you and supplying your details where it reasonably appears to us to be relevant.
4.3 We reserve our right to shut down or suspend access to, the use of or operation of all or any of the Website facilities in whole or part, whether limited to your use of the Website or otherwise, in the event that we know of or suspect a breach of these terms and conditions.
Section 5: Your use of this website and intellectual property rights
5.1 We have made the Website available to you for your own non-commercial use. We may modify, withdraw or deny access to the Website at any time. In relation to substantial changes, where this relates to areas for which you are currently dependent upon the Website, we will try to give you as much reasonable notice of the proposed change(s) as practicable.
5.2 The Website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as articles, stories and other text.
5.3 You may not copy, redistribute, republish or otherwise make the materials on the Website available to anyone else for a commercial purpose without our prior consent in writing, save that you can download them to make a copy for personal use or study only and otherwise as permitted by section 5.4 below.
5.4 You may print or download materials from the Website for non-commercial use or copy the content to other individuals for their personal use or study provided that:
5.4.1 no materials are modified in any way;
5.4.2 no graphics are used separately from accompanying text;
5.4.3 our copyright notices appear in all copies and you acknowledge this website as the source of the material; and
5.4.4 the persons to whom you provide these materials are made aware of these restrictions.
5.5 No licence is granted to any user to make use of the Website’s name and/or logo, without our prior written consent.
Section 6: Our liability to you
Our liability to you
6.1 These terms and conditions do not exclude our liability (if any) to you for:
6.1.1 personal injury or death resulting from our negligence;
6.1.3 any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
6.2 We do not guarantee that the Website will be compatible with all or any hardware and software which you may use. The Website is designed for use with a particular level of hardware and software, details of which can be found at ‘Help’ in the Website but we do not guarantee that the use of such hardware and/or software will ensure the proper and complete operation of the Website. We do not guarantee that this Website will be available all the time or at any specific time. We reserve the right to withdraw or modify the Website at any time.
6.3 To the fullest extent permitted by law, we shall not be liable, including for any indirect, special or consequential loss or economic damage (such as without limitation loss of bargain, profit, data, reputation, placement, position, learning agreement, resultant losses or otherwise), and whether in contract, tort, or otherwise, arising out of the use of the Website or the reliance on any of the information displayed on it.
Section 7: Information we provide on this website
7.1 The information contained on the Website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the Website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. We make no representation, nor make any warranty, about the accuracy or effectiveness of any information displayed or depicted. Users of the Website must make their own assessment of the potential effectiveness of any such information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Website. Our liability to you as explained above remains unaffected by this.
Section 8: Linking
8.2 You may not link to the Website from another website without our prior consent in writing.
Section 9: Contracting online
9.1 Nothing on the Website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between us in relation to your use of the Website.
9.2 If you make a contract with a third party who is named or referred to on the Website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.
Section 10: Governing law and jurisdiction
10.1 The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.
10.2 The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the Website.
11.1 This section of our terms and conditions sets out how we use and protect any personal information that you give us when you use this part of our website. We are the Data Controllers for this Website and to the extent that you have control over any data that you post or input on the Website you are also acting as a Data Controller. In doing so you herby agree to comply with all of the provisions of the Data Protection Act 1998 in respect of your use of any Personal Data or Sensitive Personal Data and in particular shall only process such data in accordance with the these terms and conditins and where necessary must obtain explicit consent to the use of Sensitive Personal Data.
11.2 We do not use persistent “cookies” (messages from our website to your computer which send information back from your computer to us) to operate this website.
11.3 We use the information you supply to provide you with a better service, and in particular for the following reasons:
11.3.1 to facilitate internal record keeping;
11.3.2 to improve our services;
11.3.3 to ensure logbook entries are legally compliant and in accordance with other relevant rules and conditions;
11.3.4 to deal with your queries;
11.3.5 to otherwise respond to your communication to us;
11.3.6 to appoint and /or allow processing by Data Processors on our behalf;
11.3.7 to facilitate research and/or statistical or other analysis (having removed Personal Data) for the benefit of surgery, subject to the prior consent of the data group pursuant to section 11.12;
11.3.8 to improve our administration and/or efficiency, including by reducing costs, in relation to the organisation (or any part of it);
11.3.9 by or on behalf of us to carry out research and/or statistical or other analysis in order to better understand and to try to develop and improve surgery; and/or
11.3.10 otherwise as may be reasonable in our legitimate interests.
11.4 Depending upon the details you supply and your request, we may contact you by e-mail, however, in most cases, we will only do so regarding matters which we believe to be in the interest of your personal development.
11.5 You can change your mind at any time about being registered with the Website by contacting us at firstname.lastname@example.org.
11.6 We may use third parties to process information in providing services to us (or any of them) to operate the website.
11.7 In relation to the Website, we will not otherwise transfer, disclose, sell, distribute or lease your personal information to third parties, or to any party or parties taking over responsibility from us, or any development of or successor to it unless we have your permission or are required by law.
11.8 You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to us at email@example.com.
11.9 If you think any information we have about you is incorrect or incomplete, please contact us as soon as possible. We will correct or update any information as soon as possible.
11.10 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Interactive areas of the Website are secured by the use of suitable technical means, such as secured layer software.
11.11 We may link to other websites which are not within our control. Once you have left our Website, we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy statement applicable to the website in question.
11.12 When you register with the Website, the type of data we collect from you is updated from time to time. We also look at membership data on you held by us to add to our records.
11.13 We may use anonymised data on a statistical basis to plan improvements in surgery.
11.14 Material and comments transmitted or posted by you to or through this website can be linked to you.
Section 12: The electronic logbook
12.1 The rules which apply to your use of the logbook will depend upon the hospital and jurisdiction where you work. You must comply with their requirements in completing and dealing with your logbook e.g. in relation to the use of patient identifiable information. In particular, you must not input ”Sensitive Personal Data” without explicit, informed and voluntary consent of the individual to which the data relates. If you are unsure as to whether such consent has been properly given you must contact your supervisor.
12.2 As a general guide, you must not input patient identifiable information such as name and/or address and/or date of birth. All patient identifiable information should be limited as much as possible. It is permitted to input the relevant hospital, hospital number and the details of the relevant supervisors.
12.3 Special care must be used when inputting data in any free fields including for “other information” accordingly and uploading any images. All images must not have any personally identifiable data or it they will be removed as soon as possible.
12.4 The logbook details contain a record of surgical operations attended and completed, with details of each operation.
12.5 On the basis that the logbook information is not more widely accessible, provided you have input data in accordance with these terms, such processing of Sensitive Personal Data is permitted. You are responsible for the ensuring that you have obtained the necessary consent (in accordance with section 12.1), to input and use the data you input to the Website and we have no liability or responsibility in respect of whether such consent has been obtained. You accept that responsibility and liability if you proceed to input information into the Website.
12.6. You can only use the Website as reasonably necessary, and not for further or other reasons, in accordance with these terms and conditions and the applicable relevant rules of your hospital from time to time.
12.7 If you record or use Personal Data or Sensitive Personal Data, you would need express informed voluntary consent from the patients concerned to use their data in the logbook as required. In that case, failure to comply may constitute a criminal offence.
12.8 Your use of an electronic logbook through the Website, at any time after reading or passing through these terms and conditions through the Website, is deemed to be consent for us to obtain and transfer the contents (including Personal Data and Sensitive Personal Data) in any existing electronic logbook you have set up and/or completed to us, for use in accordance with these terms and conditions. You must notify us of the logbook provider and registration to this Website hereby authorises us to notify that provider and to request a download or copy of that data to the Website.
Section 13: Availability
13.1 We will try to ensure that subject to required scheduled and published unscheduled maintenance and repairs, the Website is available as much as possible during 24 hours a day, 7 days a week, 365 days per year, whilst required.
13.2 Availability and operation is however dependent upon the availability of the internet.
13.3 Access and/or functions may be suspended or unavailable temporarily without notice due to unscheduled maintenance or repair or for reasons beyond our control and for which we shall have no liability.
Section 14: The Blogging Platform
14.1: If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and One Surgery may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause One Surgery liability. You must immediately notify One Surgery of any unauthorized uses of your blog, your account or any other breaches of security.One Surgery will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
14.2: If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by One Surgery or otherwise.
14.3: One Surgery has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, One Surgery does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Blog Starter disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
14.4: Copyright Infringement and DMCA Policy. As One Surgery asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by One Surgery violates your copyright, you are encouraged to notify One Surgery in accordance with One Surgery Digital Millennium Copyright Act (“DMCA”) Policy. One Surgery will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. One Surgery will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of One Surgery or others.
14.5: Intellectual Property. This Agreement does not transfer from One Surgery to you any One Surgery or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with One Surgery. The One Surgery logo, and all other trademarks, service marks, graphics and logos used in connection with One Surgery, or the Website are trademarks or registered trademarks of One Sirgery. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any One Surgery or third-party trademarks.
14.6: Advertisements. One surgery reserves the right to display advertisements on your blog.
14.7: Changes. One Surgery reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. One Surgery may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
14.8: Termination. One Surgery may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your One Surgery account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by One Surgery if you materially breach this Agreement and fail to cure such breach within thirty (30) days from One Surgery notice to you thereof; provided that, One Surgery can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14.9: Disclaimer of Warranties. The Website is provided “as is”. One Surgery and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither One Surgery nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
14.10: Limitation of Liability. In no event will One Surgery or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to One Surgery under this agreement during the twelve (12) month period prior to the cause of action. One Surgery shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14.12: Indemnification. You agree to indemnify and hold harmless One Surgery, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
14.13: Miscellaneous. This Agreement constitutes the entire agreement between One Surgery and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of One Surgery, or by the posting by One Surgery of a revised version.