Terms and Conditions of use

  1. This website is operated and maintained by The Faculty of General Dental Practice ("the faculty").
  2. Although the Faculty attempts to keep this website up to date, some of the material on it may not be up to date. The faculty makes no representation, nor gives any warranty, about the accuracy or effectiveness of any research finding or surgical or medical procedure or facts contained in any research paper or otherwise displayed or depicted on this site. Users of this website must make their own assessment of the potential effectiveness of any such information. The Faculty, to the maximum extent permitted by law, disclaims all liability for any injury to any person incurred as a consequence of any information displayed on this website. The Faculty shall not therefore be liable for any direct, indirect, special, consequential or economic damage, whether in contract, in tort, or otherwise, arising out of the use of this website or the reliance on any of the information displayed on it.
  3. This website contains material the copyright and other intellectual property rights in which are owned by the Faculty or which appear on the website with the consent of the relevant copyright owner. These materials are made available for visitors or users to browse. Users are entitled to download them to a Personal Computer for use and for making a copy for personal use or study only. No commercial use may be made of any of this material without the express written permission of the Faculty. In particular, users are not permitted to view, download, modify, copy, distribute, transmit, store, reproduce or otherwise use, publish, licence, transfer or sell any derivative works (in whatever form) using any information obtained from this website other than for personal or non-commercial use.
  4. No licence is granted to any user to the Faculty's "Eagle" trademark or the Faculty's name without the express written permission of the Faculty.
  5. Links to other websites are made by the Faculty with the permission of the relevant site owners. The Faculty does not accept any liability or responsibility for the content or use made of any other linked site. Any user or website operator or host wishing to create a link to the Faculty's website must first obtain the permission of the Faculty authorities.
  6. These terms of use are governed by the Laws of England and the English Courts shall have exclusive jurisdiction over any dispute arising out of any of these terms and conditions or use of the Faculty's website.

 

as soon as possible.

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.

4. 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.

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. 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;

5.1.2 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. 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.

7. 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 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. Linking

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. Contracting online

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. 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. Privacy

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 website by contacting us touchstone@rcseng.ac.uk.

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 fgdp@rcseng.ac.uk .

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. Privacy

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. Availability

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