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Terms and conditions

June 2017

HIMSS UK operates the services of HIMSS UK at various top-level domains, as well as at various sub-domains and aliases of these domains (e.g. www.healthleadership.co.uk, www.ukehealthweek.com/ and www.healthinsights.co.uk etc.). All websites used by HIMSS UK to provide the services of HIMSS UK are referred to below as HIMSS UK-Websites. The relationship between HIMSS UK and the user is governed exclusively by the following terms and conditions. HIMSS UK does not recognise any conditions of the user that deviate from these terms and conditions, unless these are expressly approved by HIMSS UK in writing. If the user uses the services offered by HIMSS UK either currently or in the future, any special terms and conditions of business or use in relation to the service(s) in question will apply in addition to these terms and conditions. Such special terms and conditions have precedence over these terms and conditions in the event of any contradictions. HIMSS UK reserves the right to change these terms and conditions at any time without specifying a reason for the change. HIMSS UK is obliged to notify the user promptly in the event of a change to the terms and conditions. Unless the user rejects the new terms and conditions within two (2) weeks of notification, the modified terms and conditions will be deemed accepted by the user . When notifying the user of the proposed changes, HIMSS UK is obliged to inform the user of their right of objection and of the significance of the deadline for objections. If the user exercises this right of objection, HIMSS UK is entitled to terminate the contractual relationship following the stipulated period of notice. These terms and conditions can be accessed, downloaded and saved by the User at any time, including any time after the contract is completed. They are accessible to the user via the "terms and conditions" link provided on each of HIMSS UK-websites.

1. Services provided by HIMSS UK

HIMSS UK provides information and knowledge exchange services for companies, healthcare facilities and other interested users. HIMSS UK provides business data, market data and other survey data, which has been collected, compiled and organised using methods specially developed by HIMSS UK, as well as other information and services.
HIMSS UK offers information provided by third parties (in particular, providers and manufacturers of IT products and/or services), and may provide access to such third-party information and services. This information may be provided by HIMSS UK and/or a third party (third-party information). Depending on the user and on the scope of the data, this information may be provided both to HIMSS UK and to third parties either free of charge or in return for payment. The prices charged are always as indicated on HIMSS UK-websites. The information and services provided by HIMSS UK are not provided as consulting services and are not under any circumstances to be interpreted or construed as such. HIMSS UK assumes no liability or responsibility for these services.

2. Registration

To avail of a service on a HIMSS UK website that requires registration, the user must agree to the conditions of use that apply to the service in question. To do so, the user must click on the "Agree" field or tick a box to select an opt-in option. By clicking on the "Agree" field or ticking the box, the user confirms that he/she has read and accepts the terms and conditions. By completing the registration process, the user submits an offer for the conclusion of the contract concerning the use of the service provided by HIMSS UK. HIMSS UK accepts this offer by enabling the user to avail of this service provided by HIMSS UK. Acceptance of the offer establishes the contract between the user and HIMSS UK. The user guarantees that all contact details provided during the registration process are correct and complete. The user is obliged to notify HIMSS UK immediately in the event of changes to his/her user data and to ensure that this data is always up-to-date. If the service to be used requires users to register and log in via domains other than those owned by HIMSS UK, the conditions of use stipulated by the owners of these websites then apply. This applies in particular to the use of the HIMSS Analytics Europe database, which is accessible via HIMSS UK’s website. 

3. Availability

The services provided by HIMSS UK to users are subject to availability. HIMSS UK makes every effort to ensure that the user can enjoy uninterrupted availability of service from HIMSS UK. However, use may be restricted and/or temporarily interrupted due to maintenance work and/or further site development and/or other interruptions. This may result in a loss of data in certain cases. The affected user is not entitled to claim compensation in such a case. Furthermore, HIMSS UK is entitled to alter or discontinue the services provided at any time at its own discretion and without prior notice.

4. Property and intellectual property rights

All content, information, images, videos, databases and computer programs published on HIMSS UK’s websites are protected by copyright. The data available represent a valuable collection of information. Copyrights, trademarks and other rights to the intellectual property and data provided via this website remain the property of HIMSS UK. Rights to information provided by third parties remain the property of these third parties. The user is not entitled to use the information provided for any purpose other than company-internal purposes without the prior consent of HIMSS UK. Furthermore, the user is not permitted to download, reproduce in any other way, sell, or pass on, distribute, rent, lease or make available to third parties for temporary use, license or hand over the information on himss-uk.org, i.e. business reports, market reports and other survey data, as well as all other information and the website itself . In particular, the user is not permitted to provide any other person with his/her personal access details in order to access the content on himss.eu that requires registration. This does not affect the user's right to invite persons from within the same company, institution, organisation or corporate group within the same country to register as users and thus grant them access to business, market and survey data that has already been purchased by or provided to the user, as well as third-party information purchased by the user. If the user intends the information to be used across country boundaries, the prior written consent of HIMSS UK is required (an e-mail is sufficient in this case). Any queries in relation to this are to be sent to info@himss-uk.org. The user is only entitled to reverse-engineer, decompile, separate, change or modify in whole or in part any software or source code that is accessible in connection with himss-uk.org to the extent that is permitted by law. The name "HIMSS UK”, the HIMSS UK logo, and symbols, marks, information or third-party information that is protected by copyright, trademark or any other property rights must not be reproduced or used in any way for the user's own purposes without the prior written agreement of HIMSS UK (for example, in the context of a collaborative partnership). The user must not give the impression that the user's organisation or website has a commercial affiliation with HIMSS UK without the prior written consent of HIMSS UK.

5. Conditions of use/security

The user is not permitted to modify, adjust or change any part of himss-uk.org or to attempt to do so. In accessing the services on himss-uk.org, the user undertakes to protect the data and services from access by unauthorised third parties. The user agrees to follow all instructions provided by HIMSS UK in connection with the security of the services, and to protect any passwords, forms of user identification (IDs and invitation code) or user names assigned to the user for access purposes. The user accepts personal responsibility for observing the security measures, and promises to keep confidential such passwords, forms of user identification or user names, and all other security mechanisms and controls and not divulge these to third parties without the prior written consent of HIMSS UK. The user must inform HIMSS UK immediately in the event of any misuse or loss of this data. Similarly, any misuse of HIMSS UK content must be reported immediately. HIMSS UK will not disclose the password to third parties and will at no time ask the user to divulge the password. The user will take every care to ensure that e-mails and requests sent by the user to HIMSS UK do not contain viruses and to comply with legal, official and technical provisions.

6. Responsibility for content

Some of the content and Internet services on himss-uk.org are created by third parties, in particular, by other users of himss-uk.org.  HIMSS UK treats such content as third-party content. Third-party content remains the sole responsibility of the user or third party who created it. The user agrees not to transmit any of the following content to HIMSS UK: content that is illegal or of a grossly offensive nature, content of a pornographic or sexual nature, content that is harmful to youth, extremist content, content that glorifies or downplays violence or glorifies war, content that promotes terrorist or extreme political organisations, content that incites criminal action, defamatory content, or any other content that could give rise to any civil or criminal liability under law. The user also agrees not to transmit any content that contains advertising or messages of a commercial nature. If HIMSS UK is in receipt of concrete evidence of or is notified of potentially illegal content or becomes aware in any way of the existence of illegal content, HIMSS UK is entitled to inspect this content immediately and, if the suspicions of illegal content are confirmed, to delete or block this content. HIMSS UK reserves the right not to publish content submitted by users. Information, reports or analyses that are presented as such by HIMSS UK may become obsolete after they are initially published, and may therefore be altered, replaced or removed without prior notification.

7. Links to other websites

Links to other Internet sites are provided on himss-uk.org. HIMSS UK expressly points out that it has no influence on the design and content of these external sites. As a result, HIMSS UK cannot guarantee that the information provided there is always up-to-date, correct, complete or of the highest quality. HIMSS UK therefore distances itself from all content of these sites. This declaration applies to all links to external sites provided on our Internet pages and their content. Any opinions expressed or recommendations provided on these independent or external websites are those of the relevant provider and do not reflect the opinions or recommendations of HIMSS UK.

8. Guarantee and liability

Content on hims-uk.org is provided without guarantees or assurances of any kind. HIMSS UK strives to provide content of a satisfactory quality, suitability, accuracy, usefulness and completeness. Data (in particular, market data) is often provided by other users or third-party providers. The nature of the data (in particular, market data) is such that it may quickly become obsolete, may not provide an accurate reflection of reality and is open to more than one interpretation. With the exception of cases of grossly negligent behavior or intent on its own part, HIMSS UK accepts no liability for information or functions made accessible on himss-uk.org, in particular for damages of any kind arising from information on the website or from errors, inaccuracies or omissions on the website. The extent of HIMSS UK’s liability is limited to the damages that can typically be foreseen at the time the contract is agreed. HIMSS UK is not liable, in particular, for compensation for consequential harm caused by a defect, for loss of earnings or depletion of good will. The same applies to instances of force majeure. Some of the data available on himss-uk.org was/is gathered from publicly accessible information, questionnaires, corrigenda and/or in-depth interviews. Much of this data is provided by third parties. The accuracy and completeness of the data collected also depends on the collaboration of third parties with HIMSS UK. While HIMSS UK takes appropriate measure to ensure that the information is as accurate as possible, HIMSS UK accepts no liability for the validity, usefulness, correctness or accuracy of this data. HIMSS UK also rejects any liability for technical malfunctions or disruptions of any kind. All of the liability limitations set out above apply to all contractual and non-contractual claims. Any further liability will not be accepted by HIMSS UK.

9. Indemnity

The user indemnifies HIMSS UK against all claims, including claims for damages, brought by other users or any third party against HIMSS UK due to the violation of their rights by the User. These include the costs of any associated legal prosecution and legal defence costs. Further rights and claims for compensation on the part of HIMSS UK remain unaffected. It is the responsibility of the user to ensure that any data he/she uploads to himss-uk.org is free of computer viruses and other similarly harmful programs. The user absolves HIMSS UK from all claims made by third parties against HIMSS UK resulting from such harmful programs.
10. Rights of use for submitted content
By submitting content, information, articles, texts and any other material to HIMSS UK on this platform, the user grants HIMSS UK a royalty-free, irrevocable worldwide and perpetual, non-exclusive license to save all or part of this material, and to duplicate, edit, distribute and use it in any other way for commercial or non-commercial purposes.

11. Data protection

HIMSS UK uses information provided by the user in order to process orders, deliver products and provide services, and to process any payments. HIMSS UK also uses this information to improve the platform, to prevent and detect a possible misuse of himss-uk.org or to enable third parties to provide technical, logistical or other services on our behalf. For more information about the type, scope, location and purpose of the collection, processing and use of this data by HIMSsUK, please refer to our privacy policy.
Google Analytics We use Google Analytics to collect information about visitor behaviour on our website. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here, what you click on and what you download. This data is collected via a JavaScript tag in the pages of our site and is not tied to personally identifiable information. We therefore do not collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are.
Find out more about Google’s position on privacy as regards its analytics service at www.google.com/intl/en/policies/privacy/

Changes In as much as these data protection terms become obsolete or if loopholes emerge as the result of new services or new applications on “HIMSS-UK” websites, HIMSS UK is entitled to undertake amendments to the data protection terms at any time. HIMSS UK will inform you of any amendments to these data protection terms via e-mail at the e-mail address submitted by you in the scope of registration. Should you have questions in connection with our data protection policy or how we process the personal information that we have available on you, please contact: info@himss-uk.org

12. General terms and conditions

Unless otherwise agreed, the user may submit all declarations to HIMSS UK by e-mail at info@himss-uk.org or send these by fax or letter. HIMSS UK may send declarations to the user by e-mail, fax or letter at the addresses specified by the user in the user's up-do-date contact data. HIMSS UK reserves the right to have services and/or functions of this website performed by third parties. The user may only offset claims made by HIMSS UK to the extent that the counterclaims are undisputed or legally binding. The user may exercise the right to retention only insofar as the claims are based on the same specific contractual relationship of which these terms and conditions form part. No failure or delay on the part of HIMSS UK in exercising any right will constitute a waiver of this right and must not be construed as such. The same applies to the partial exercising of a right, which does not preclude the further enforcement of this right. These terms and conditions are governed by the law of the United Kingdom to the exclusion of the UN Convention on the International Sale of Goods. Any provisions regarding exclusive jurisdiction remain unaffected. Should any of the individual provisions of the terms and conditions be wholly or partly ineffective, this does not affect the validity of the remaining provisions. The relevant legal provisions then apply in place of the ineffective or missing provisions.

 

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