as soon as
3.3 In using this site you must:
3.3.1 not disclose 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 Any information which you post to or input into this website shall be
considered non proprietary.
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 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 notify us as soon as reasonably practicable if you lose, or forget
your secure password and/or other log on details.
Your use of this website and our intellectual property rights
4.1 We have made this website available to you for your own non-commercial
use. We may modify, withdraw or deny access to this website at any time.
In relation to substantial changes, where this relates to areas for which you
are currently dependent upon this website, we will try to give you as much
reasonable notice of the proposed change(s) as practicable.
4.2 This website and all the materials contained in it are protected by intellectual
property rights, including copyright, and either belong to PebblePad or
FGDP(UK) or are licensed to us to use. Materials include, but are not
limited to, the design, layout, look, appearance, graphics and documents on
4.3 You may not copy, redistribute, republish or otherwise make the materials
on this website available to anyone else for a commercial purpose without
our prior consent in writing, save that users can download them to make a
copy for personal use or study only and otherwise as permitted below.
4.4 You may print or download materials from this website for non-commercial
use or copy the content to other individuals for their personal use or study
4.4.1 no materials are modified in any way;
4.4.2 no graphics are used separately from accompanying text;
4.4.3 our copyright notices appear in all copies and you acknowledge
this website as the source of the material; and
4.4.4 the persons to whom you provide these materials are made aware
of these restrictions
4.5 No licence is granted to any user to make use of this website’s name and/or
logo, without our prior written consent.
Our liability to you
5.1 These terms and conditions do not exclude our liability (if any) to you for:
5.1.1 personal injury or death resulting from our negligence;
5.1.3 any matter which it would be illegal for us to exclude or to attempt
to exclude our liability.
5.2 We do not guarantee that this 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 in the guidance notes for the pilot but we do not guarantee that the
use of such hardware and/or software will ensure the proper and complete
operation of this 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 this website at any time.
5.3 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 this website or the reliance on any of the information displayed on it.
Information we provide on this website
6.1 The information contained on this 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 on this site. Users of this 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.
Information you provide on this website
7.1 Touchstone is primarily designed for your professional development rather
than personal or social information.
7.2 You must not post to, transmit to, or input into this website any material:
7.2.1 which is threatening, defamatory, obscene, indecent, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory,
blasphemous, menacing or harassing;
7.2.2 that is in breach of copyright, breach of confidence, breach of
privacy or breach of contract or licence, or without licence or
7.2.3 which is untrue or misleading (including providing incorrect
information on procedures allegedly carried out by you);
7.2.4 which is unlawful or illegal, whether within the United Kingdom
7.2.5 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
7.2.6 which amounts to sensitive personal data (as defined in the Data
Protection Act 1998) save as permitted by section 15.2
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.
7.3 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.
7.4 We reserve our right to shut down or suspend access to, the use of or
operation of all or any website facilities in whole or part, whether limited to
your use of our website or otherwise, in the event that we know of or
suspect a breach of these terms and conditions.
8.1 We may link to other websites which are not within our control. When we do
this, we will try and make it as clear as possible that you are leaving our
website. We are not responsible for these websites in any way, and do not
necessarily endorse them. It is your responsibility to check the terms and
8.2 You may not link to this website from another website without our prior
consent in writing.
9.1 Nothing on this 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 this
website, it is your responsibility to ensure that you are comfortable with the
terms of that contract and to take legal advice if necessary.
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 sets out how we use and protect any personal
information that you give us when you use this website. We are the data
controller for this website (save as stated in section 15.6).
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. However, we reserve our right to do so in the future, in which
case these terms will be updated accordingly.
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 deal with your queries;
11.3.4 to otherwise respond to your communication to us;
11.3.5 to appoint and /or allow processing by data processors on our
11.3.6 to improve our administration and/or efficiency, including by
reducing costs, in relation to the organisation (or any part of it);
11.3.7 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
11.6 We may use third parties to process information in providing services to us
(or any of them) to operate this website.
11.7 In relation to our 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 our
membership officer at
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.
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 We will follow the Information Governance policy of The Royal College of
Surgeons of England to assess guidance regarding the use of personal data
and/or proposed changes to that use or new types of processing proposed
in order to safeguard the rights, freedoms and legitimate interests of
affected data subjects and to try to ensure the use of such data is lawful and
in the best interests of surgeons and/or surgery in the United Kingdom.
12.1 When you register with our 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.
12.2 We will use anonymised data on a statistical basis to plan improvements in
12.3 Material and comments transmitted or posted by you to or through this
website can be linked to you.
13.1 We will try to ensure that subject to required scheduled and published
unscheduled maintenance and repairs, the site is available as much as
possible during 24 hours a day, 7 days a week, 365 days per year, whilst
13.2 Availability and operation is however dependent upon the availability of the
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.
2 February 2011