Terms and Conditions

These General terms and conditions of use of the UK PharmaScan website are provided for those parts of this website that are open to public view by Visitors to this site. They act together with the Terms and Conditions of registration. Only Registered Users will be able to enter the site to use the Database.

The UK PharmaScan website ("the Website") and all information contained in it are available for use subject to the following terms and conditions. By accessing the Website, you agree to these terms and conditions of use. If you apply to become a registered user of the database accessed through this Website, you will be expected to adhere to further terms and conditions before you will be granted access to the database.

Background

1. The Website is owned by the Secretary of State for Health and operated by the National Institute for Health and Care Excellence ("NICE"). Day to day management of the Website is the responsibility of NICE.
2. These Terms and Conditions apply to the use of the UK PharmaScan website only. They do not apply to the NICE website.
3. The Website provides access to an information source which is restricted to a class of registered organisations only.
4. All Visitors to this site must only use the site for purposes consistent with these Terms & Conditions. All Registered Users must only use the site for purposes consistent with these Terms & Conditions together with their additional Terms & Conditions of Registration.
5. If you do not comply with these Terms of Use or where appropriate the Terms and Conditions of your User Registration, we may block your access to the Website, suspend or eliminate any registrations you have made and/or remove any information you have placed on our site.

General

6. The information on the Website is made available to help inform the decisions of Horizon Scanning Bodies who support NHS planning for the introduction of new medicines and indications as they become available to the UK market and therefore improve the quality of care and treatment of patients in the UK. It is designed for use by such organisations, who may register with the Website.
7. Members of the public are not able to register with the Website.
8. It is the Registered User's sole responsibility to assess all evidence and to reach a decision informed by it. The Website is designed only to assist access to information provided by pharmaceutical industry companies as Registered Users (some of which will be commercial in confidence) relevant to decision-making. No representation is made as to completeness, accuracy or fitness for purpose of UK PharmaScan.

Your use of the Website

9. All Visitors and Registered Users of this site may only use the Website for lawful purposes. You may not use, and shall take all reasonable steps to ensure that no other person uses, the Website in a way that does not comply with the terms of any laws applicable to you or that is in any way unlawful. If you are a Registered User you will further be asked to adhere to a Registered User agreement which set out more about the restrictions as to the use of the data stored on this Website.
10. In particular whether you are a Visitor to the site or a Registered User you agree:
    1. to comply with any legal notices contained on the Website
    2. to respect and comply with the legal rights of others, in particular our rights (including our rights in copyright and trade marks), and the rights of our licensors
    3. not to use this Website at any time for any personal commercial gain, nor to sell or trade in any of the content or other material copied or downloaded from this Website and
    4. not to change any of the text or images contained in this Website or merge it with any other text or images, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content.

Intellectual property rights

11. You acknowledge that all rights in copyright, patents, design rights, trademarks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world, ("IP Rights") in the Website (including in all design content) are owned by the Secretary of State for Health, for the full duration of such rights.
12. The IP rights in the data contained on the database accessed through the Website belong solely to each of the pharmaceutical companies who are Registered Users of the Website as Data Inputters.
13. If you are a Registered User on behalf of a Horizon Scanning Body you will be granted time limited access and use of the data held on UK PharmaScan which is appropriate to your organisation and may be downloaded as reports from the Website.
14. If you are a Registered User on behalf of a Data Inputter you will be granted access to the Website to input and download only such data as has been inputted by your own pharmaceutical company by yourself or any other registered person on behalf of your company.
15. Except for your use of the Website in accordance with these Terms of Use, and the user agreements for appropriate Registered Users you are granted no IP Rights in respect of the Website or the totality of its content.
16. All trademarks and logos relating to UK PharmaScan, ("the Trade Marks") which are featured on the Website are owned by the Secretary of State for Health.
17. You may only use or refer to the Trade Marks which are included in those extracts from the Website downloaded, copied or printed by you in accordance with these Terms of Use or if appropriate the Terms of Use as a Registered User. Otherwise you must not offer or distribute any products or services under or by reference to the Trade Marks, or otherwise reproduce any of the Trade Marks without our express written consent.

Links

18. This Website may contain links to websites which are not under our control. These links are provided for your convenience only. We are not responsible for the availability or content neither of such other websites, nor for any products or services available from them. Any such link should not be seen as an endorsement by us of such websites, or by such organisations of this Website or any of the products contained within the UK PharmaScan Database. Links followed by you from this website at your own risk.
19. You should be aware that your use of such other third party websites may be subject to additional terms and conditions imposed by the owners of those websites. Your dealings with such third parties are between you and the third party, and we accept no liability as a result of you accessing such websites or entering into contractual arrangements with the operator in question.
20. We reserve the right to terminate any links to the Website at any time without notice and at our sole and absolute discretion.

Privacy

21. Any information generated by users visiting the Website will be handled in accordance with NICE policies and the General Data Protection Regulation. Further information about how we may use your personal information and your rights to change or delete it can be found on the NICE privacy notice page.

Registered Users

22. Horizon Scanning Bodies and pharmaceutical industry companies may apply via the registration process on UK PharmaScan to register a limited number of permitted users to act as their representative Registered Users of this Website.
23. The information contained on the database within this Website may in part be confidential information belonging to individual pharmaceutical companies who are Registered Data Inputters. Accordingly Registered Users may only distribute search results and Reports generated by this Website under obligations of confidentiality.
24. Reports downloaded from the UK PharmaScan database are intended for consideration by official meetings by the NHS in order to monitor or take decisions regarding budget setting for access to new medicines in the development pipeline. Unless required by law, responses to any requests you might make under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004 will not contain any confidential or commercially sensitive information or personal data.
25. Personal data related to our registration process will be held for the purpose of administering the Website, to manage and plan services and for the work of UK PharmaScan. Further information can be found on the NICE privacy notice page.
26. If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible and we will correct any information which was found to be incorrect.

Availability of the Website

27. We will make reasonable endeavours to ensure that this Website is generally available but makes no representation or guarantees as to such availability.
28. We reserve the right to withdraw access to all or any part of this Website for periods of time in order to modify any of the content, for scheduled or unscheduled maintenance and for other purposes, without notice to you.
29. As you will receive this Website via third party telecommunications networks, you acknowledge that NICE UK PharmaScan cannot guarantee that the availability of this Website will be uninterrupted or error free. Similarly, we cannot guarantee that the transmission of any information over such telecommunications networks will be secure nor that you will be able to access this Website at all times.
30. This Website is therefore provided to you on an "as is" and "as and when available" basis and your use of this Website is at your own risk.

Disclaimers

31. We have processes in place to ensure that the contents of this Website are accurate and that the links it publishes directing the user to third party websites function properly. However, we give no assurances regarding currency, accuracy and applicability of any data accessed via the Website which is solely in the control of the Data Inputter Registered Users of pharmaceutical companies.
32. Due to the nature of the Website we cannot guarantee the prompt editing or removal of any inappropriate or inaccurate information. If you find any information that is inaccurate or inappropriate then please contact us.
33. While we use virus checkers to check the content of the Website we are unable to guarantee that the Website will never be faulty, nor that it will work continuously, nor that it will be maintained in a fully operational condition or virus and/or error free. However, we will use reasonable endeavours to correct serious faults reported by you as soon as we reasonably can.
34. You should always check any content before downloading. Any Website content is downloaded by you at your own risk, and on the basis that you will be solely responsible for any damage to your computer system or loss of data that result from the download of such content.
35. Without prejudice to any other limitations or exclusions of our liability in these Terms of Use we shall have no liability whatsoever in respect of any failure on our part to repair a fault in the Website or to provide continuous access to it.
36. Without prejudice to any other limitations or exclusions of our liability in these Terms of Use we shall have no liability whatsoever in respect of any inability on your part to obtain access to the Website whether through any denial of service, attack or otherwise.
37. You are responsible for the provision of and payment for all telecommunications services necessary to use the Website, and all hardware, equipment and other services (including but not limited to computers, modems and any other communication equipment) necessary to use the Website.
38. We provide the Website to you without any conditions, warranties, or guarantees whether express or implied, including but not limited to any implied warranties or conditions as to the satisfactory quality or fitness for a particular purpose, which are expressly excluded to the extent permitted by law.

Our liability

39. Nothing in these Terms of Use shall or shall be deemed to limit our liability to you for any personal injury or death caused by our negligence or for any fraud perpetrated by us.
40. If you are a Visitor to the site and not a Registered User of this Website you acknowledge that in respect of your use and access of the Website we shall not be liable to you in contract, tort (including negligence) or otherwise for:
    1. any damage or loss arising from the consequences of viruses received by you via the Website or of our failure to provide the Website in accordance with these Terms of Use
    2. any economic losses (including loss of profits).
41. In any event we will not be liable for any failure to perform our obligations under these Terms of Use if we are prevented from doing so by an event beyond our reasonable control.

Your liability

42. If you are a Visitor to this site or to the extent permitted in your terms and conditions of use as a Registered User of this Website you agree to indemnify and hold us harmless from any:
    1. claims (including third party claims)
    2. losses, demands, costs, expenses (including legal costs and expenses)
    3. fines and/or
    4. any other liabilities whatsoever (including (without limitation)) any liability arising out of any action brought against us for misrepresentation or negligent misstatement any other liabilities whatsoever (in including (without limitation)) any liability arising out of any action brought against us for misrepresentation or negligent misstatement arising from any access to or use of the Website by you, or by any person who may be authorised by you or for whom you are responsible to the extent such use is in breach of these Terms of Use and/or unlawful, and save always to the extent that any such claims, losses, demands, costs, expenses, fines or other liabilities arise directly due to our negligence or default.
43. You acknowledge that this indemnity is appropriate and reasonable given the nature of the Website.

Jurisdiction

44. The laws of England shall apply to these Terms of Use and all matters relating to use of the Website. Any cause of action arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Amending these terms of use

45. From time to time NICE may at its sole discretion amend these terms and conditions of use. Your continuing use of this website constitutes your acceptance of and agreement to any changed terms and conditions. UK PharmaScan will post details of any such changes on the Website in a timely manner. If you are a registered user UK PharmaScan will draw your attention to any major changes in accordance with your Terms and Conditions as a Registered User of this Website.

Enforceability

46. 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.

Interpretation

47. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

No waiver

48. Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to subsequent or similar breaches.

Entire Agreement

49. If you are a Visitor to this site these Terms and Conditions set forth the entire understanding and agreement between you and NICE with respect to your use of this Website and your relationship, from that use, with us or any other Registered User of this site whether another Horizon Scanning Body or pharmaceutical industry company.
50. If you are a Registered User of this site, these general terms and conditions are in addition to the terms of your Registered User Agreement. Your Registered User Agreement will take priority over these general terms and conditions in the event of any unintended inconsistency.

Further information

51. If you would like to make any comment or complaint about the Website please contact us.