Terms & Conditions

4.

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.

3

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

the website.

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

provided that:

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.

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;

5.1.2 fraud;

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

4

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.

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.

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

necessary authority;

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

and/or elsewhere;

5

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

conditions and privacy policy on any other website which you visit.

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.

6

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

behalf;

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.

7

11.5 You can change your mind at any time about being registered with the

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

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.

8

12.2 We will use anonymised data on a statistical basis to plan improvements in

our service.

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

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.

2 February 2011