IMPORTANT LEGAL NOTICE

ATTENTION: This legal notice applies to the entire contents of this website under the domain name pcpf.co.uk (Website) and to any correspondence by e-mail between us and you.  Please read these terms carefully before using this Website.  Using this Website indicates that you accept these terms regardless of whether or not you are a PCPF member. If you do not accept these terms, do not use this Website.  This notice is issued by the Primary Care Premises Forum (PCPF).

1. INTRODUCTION  

1.1   You may access limited areas of this Website without becoming a member of the PCPF.  Most areas of this Website are only open to you if you are a member of the PCPF.

1.2   By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

1.3   The PCPF may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice. By continuing to use this Website after this legal notice has been revised, you accept to be bound by the revised legal notice.  Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. LICENCE  

2.1  You are permitted to print and download extracts from this Website for your own use only on the following basis:

(a) you must not modify any documents or related graphics on this Website in any way;

(b) you must not use graphics on this Website separately from accompanying text; and

(c) you must adhere to PCPF requirements of use notified on this website from time to time.

2.2   Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the PCPF or its licensors.  For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3   Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the PCPF’s prior written permission.

2.4   Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS  

3.1   The PCPF shall not be liable if for any reason this Website is unavailable at any time or for any period.

3.2   Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the PCPF’s control.

4. MEMBER AND OTHER VISITOR MATERIAL AND CONDUCT  

4.1   You may only transmit or post material to the members section of this Website if you are a member of the PCPF.  Unless and until the PCPF facilitate access to this Website to non-members such category of visitors may not transmit or post material excepting use of the e-mail facility to enquire as to membership.

4.2   Other than personally identifiable information, which is covered under the Privacy Policy , any material you transmit or post to this Website shall be considered non-confidential and non-proprietary.  The PCPF shall have no obligations with respect to such material.  The PCPF and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.3   You are prohibited from posting or transmitting to or from this Website any material:

(a)  that is, or may be, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b)  for which you have not obtained all necessary licences and/or      approvals; or

(c)  which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d)   which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data; or

(e)   which does not clearly contain an accurate statement of your name and contact details.

4.4   The PCPF may, at its sole discretion, but without assuming an obligation in that regard, remove any material which is posted or transmitted to or from the Website at any time.  The PCPF does not assume any review obligation in respect of any such material.

4.5   If you are a member and breach any of clauses 4.1 to 4.3, the PCPF may, at its sole discretion, terminate your membership of the PCPF without limiting all other obligations and remedies of the PCPF

4.6   The PCPF is not liable for any material posted on the Website by you and such material does not express the views of the PCPF.

4.7   You agree to indemnify the PCPF, each of its other members and PCPF committee members in full against all losses, damages, costs (including legal fees) and expenses incurred by or awarded against the PCPF, each of its other members or PCPF committee members as a result of, in defending, or in connection with any claim by a third party that:

a)     the material you posted is, or may be, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or causes, or is likely to cause, annoyance or inconvenience;

b)      the material you posted infringes its rights; or

c)      it has suffered loss or damage of any kind as a result of reliance upon or use of the material you posted.

4.8   You may not misuse the Website (including, without limitation, by hacking).

4.9   You agree that PCPF may disclose your identity and contact details adjacent to any posting and subsequent “threads”.   The PCPF may also make that disclosure if any law enforcement authority or court order requires or directs the PCPF to do so.

5. LINKS TO AND FROM OTHER WEBSITES  

5.1   Links to third party websites on this Website are provided solely for your convenience.  If you use these links, you leave this Website.  The PCPF has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability.  The PCPF therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.   You should be aware that third party websites may have privacy policies in place which differ from the PCPF’s, and you should read these carefully before submitting any personal information to them.

5.2   If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not link or attempt to link to any page within the member’s section of the Website;

(b)  you do not remove, distort or otherwise alter the size or appearance of the PCPF logo;

(c) you do not create a frame or any other browser or border environment around this Website;

(d) you do not in any way imply that the PCPF is endorsing any products or services other than its own;

(e) you do not misrepresent your relationship with the PCPF nor present any other false information about the PCPF;

(f) you do not otherwise use any PCPF trade marks displayed on this Website without express written permission from the PCPF;

(g) you do not link from a website that is not owned by you;

(h) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;

(i)    you give the PCPF 28 days notice before establishing your link and provide details (hyperlink) of the website to which the link will apply and the introductory text;

(j)    your notice shall also expressly confirm (in such manner as the PCPF may stipulate) your acceptance of the terms of this Clause 5 and the indemnity in Clause 5.4; and

(k)  you will forthwith remove the link on notice from the PCPF.

5.3   The PCPF expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.

5.4   You shall fully indemnify each of the PCPF, its members or PCPF committee members for any loss or damage suffered by the PCPF for breach of paragraph 5.2.

6. MEMBERSHIP REGISTRATION  

6.1   Each membership registration is for a single user only.  You must not share your user name and password with any other person nor with multiple users on a network and you must keep it secret.

6.2   Responsibility for the security of any passwords issued rests with you.

7. DISCLAIMER

7.1   While the PCPF endeavours to ensure that the information on this Website is correct, the PCPF does not warrant the accuracy and completeness of the material on this Website.  The information on the website is for your general information only and it does not constitute advice and should not be replied upon.  The PCPF may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and the PCPF makes no commitment to update such material.

7.2   None of the PCPF are liable for any loss or damage you may suffer as a result of any use of or reliance on the information on the Website.

7.3   The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the PCPF provides you with this Website on the basis that the PCPF excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

8. LIABILITY 

8.1  The PCPF, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of PCPF’s members, committee members, office holders, and each of their employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

8.2   For the avoidance of doubt Clause 8.1 does not operate to exclude or limit your liability if you breach any terms of these Website Terms and Conditions of Use, or in respect of any indemnity that you are obliged to provide under these Website Terms and Conditions of Use.

8.3   Nothing in this legal notice shall exclude or limit the liability of PCPF, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of PCPF members, committee members, office holders, any of their employees, shareholders or agents for:

(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

(b) fraud; or

(c) any liability which cannot be excluded or limited under applicable law.

8.4   If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9. GOVERNING LAW AND JURISDICTION 

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: March 2005