HPA Terms of Registration
Terms and
Conditions of use
Welcome
to the Health Practice Associates Council website.
If
you continue to browse and use this website, you are agreeing to comply with
and be bound by the following Terms and Conditions of use, which together with
Acceptable Use Policy, Privacy Policy and Cookie Policy govern Health Practice
Associates Council 's relationship with you in relation to this website. If you
disagree with any part of these Terms and Conditions, please do not use our
website.
Your
attention is particularly drawn to our liability and limitation section for our
Terms and Conditions which appear later.
- The terms “HPAC”, “Health Practice Associates
Council”, “us” and “we” refer to the owner of the website, CIC. Health
Practice Associates Council is a Community Interest Company (CIC)
registered in England and Wales, company number 10830551.
- The term “you” refers to the user of our
website. The use of this website is subject to the following terms:
- The term “UbiquiCore Limited” refers to the
owner of the software and web platform licensed to Health Practice
Associates Council.
1.
Accessing and using our site
1.
Our site is made available free of
charge, although we reserve the right to introduce charges for certain features
or services.
2.
Access to our website is not intended
for those under the age of 16. If you are under the age of 16, please do not
use, register or provide any personal information to our website.
3.
Access to the HPAC website is
temporary. We do not guarantee that our site, or any content on it, will always
be available or be uninterrupted and we reserve the right to suspend,
discontinue, withdraw or amend the service we provide on our site without
notice. From time to time, we may restrict access to some parts of our site, or
our entire site, to all users and, if the need arises, we may close the site
indefinitely. We will not be liable to you if for any reason our site is
unavailable at any time or for any period.
4.
You are responsible for making all
arrangements necessary for you to have access to our site. You are also
responsible for ensuring that all persons who access our site through your
internet connection are aware of these terms and that they comply with them.
5.
If you wish to submit content to our
website you must, in addition, register with our site and comply with the
content standards set out in our Acceptable Use Policy.
6.
Our site is provided as a voluntary
registry service to help track and manage clinical, operational, professional,
and safety standards of individuals.
7.
We expressly disclaim all liability
and responsibility for any direct, indirect or consequential loss or damage
incurred by any user or visitor to our website through reliance placed on
information or materials posted on our website or by any user or visitor to our
website or by anyone who may be informed of any of their contents. In
particular, but without limitation, we will not be liable for the loss of
profits, sales, business or revenue, business interruption or loss of
anticipated savings, loss of business opportunity, goodwill or reputation.
8.
We fully reserve the right in our
sole and complete discretion to control, edit or remove any comments, postings
or other content generated by you or by any third party, where we consider
these necessary or appropriate. However, we are not obliged to oversee, monitor
or moderate any interactive service we provide or content hosted on the website
and expressly exclude our liability for any loss or damage arising from the use
of or reliance upon any interactive service or content by a user or any other
person, whether the service is moderated or not.
9.
We reserve the right in our sole and
complete discretion to modify, suspend or remove your account and to disable
any user identification code or password, without notice, at any time, and
without liability to you. If we terminate your access to your account or you
ask us to deactivate your account, your profile and all other data will no
longer be accessible through your account but those materials and data may
still persist and appear elsewhere on the website.
10.
HPAC currently operates a free
service but reserves the right to begin charging you for all or part of its
services or to introduce a chargeable premium service or content. If we do
change the nature of the services or implement a charging basis, we will give
you a reasonable period of notice.
11.
Your use of any information or
materials on this website is entirely at your own risk, for which we shall not
be liable. It shall be your own responsibility to ensure that any services or
information available through this website meet your specific requirements.
12.
This website contains material which
is owned by us. This material includes, but is not limited to, the design,
layout, look, appearance, and graphics. Reproduction is prohibited other than
in accordance with the copyright notice, which forms part of these Terms and
Conditions.
2.
Registration and accounts
1.
To be eligible for an individual
account on our website, you must be at least 18 years of age and resident in
the United Kingdom.
2.
You may register for an account on
our website by completing and submitting the account registration form on our
website.
3.
You must not allow any other person
to use your account to access the website.
4.
You must notify us in writing
immediately if you become aware of any unauthorized use of your account.
5.
You must not use any other persons account
to access the website unless you have that person’s express permission to do
so.
6.
If you registered for an account on
our website, you will be asked to enter a user email address and password - YOU
MUST ONLY USE YOUR LEGAL NAME AND SURNAME ON YOUR HPAC REGISTRANT PROFILE
7.
Your user ID must not be liable to
mislead and must comply with the content standards contained in our Acceptable
Use Policy. You must not use your account or user ID for or in connection with
the impersonation of any person.
8.
You must keep your password
confidential.
9.
You must notify us in writing
immediately if you have become aware of the disclosure of your password or if
you change your name by deed poll.
10.
You are responsible for any activity
on our website arising out of any failure to keep your password confidential
and may be held liable for any losses arising out of such failure.
11.
When you register with us, you must
not choose a custom avatar or profile picture which is inappropriate, offensive
or otherwise in breach of the content standards set out in our Acceptable Use
Policy. We have the right to remove any avatar or profile picture which in our
sole opinion does not comply with such content standards.
12.
You must inform HPAC if you have any
outstanding complaints still under investigation or if you have been found
guilty of a serious concern raised against you by a previous/current employer,
member of the public or other relevant party.
3.
Billing
1.
Upon signing up to a paid-for service
immediate payment will be taken.
2.
Registrants are responsible for
ensuring that their registered form of payment i.e. credit or debit card is
approved for use by their bank and remains in date.
3.
Payments will recurrent on a monthly
basis for a minimum period of 12 months and on a rolling 12 month period
thereafter.
4.
If your account is expired and you
submit updates to your profile this will re-activate your subscription for a 12
month period based on the terms above.
5.
Overdue accounts will be marked as
expired after 15 days of non-payment.
6.
If your account is marked as expired,
suspended or has been archived, you may not present yourself as an active
member of the register under any circumstances.
7.
If your account is marked as expired,
suspended or has been archived, you may not under any circumstances make use of
your HPAC ID card, the HPAC logo or any other HPAC related material be it
physical, digital or otherwise to present yourself as an active or endorsed
member of the register, either directly or indirectly.
4.
Deregistration
1.
Notice of intended deregistration
must be supplied no later than 15 days after your renewal date of your
12-month contract term. This must be supplied either by filling in the
deregistration form or by recorded interview over the phone answering the
same questions found in the deregistration form. Your HPAC ID card will
subsequently be deregistered and must be returned or a photographic image
clearly showing it has been destroyed must be supplied, please note that you
will continue to be charged until your ID card has been returned to HPAC. You
will lose your verified status which will be duly reflected on their profile as
expired. Any outstanding monthly subscription fees within the minimum 12-month
recurring term must be paid in full. Additionally, any outstanding payments for
additional services purchased from HPAC on a payment plan will be charged for
in full immediately via your registered payment card or bank account.
2.
Conditions where the 12-month minimum
term does not apply: In the case of a registrant either withdrawing from the
verification process, failing to provide the requested information or failing
to pass verification because of reasonably foreseeable factors which would have
led to an application being rejected but were not declared at the point of
registration by the registrant and if no ID card has been issued, the 12-month
minimum term does not apply, however admin costs of a non-refundable fee of £25
must be covered. Either by means of the subscription payments to the date of
the deregistration or by a one-time payment made by the
registrant.
3.
Verification can take up to 8 weeks
to complete and is subject to registrants providing HPAC with all needed
information, evidence and materials in a timely manner. Failure to provide any
required information, evidence, materials or a valid means of payments
requested by HPAC may result in a delay in registration. No refunds will be
issued for periods of non-verification where the delay in processing
verification is as a result of registrants not supplying requested information,
evidence and materials in a timely manner.
4.
You may only re-apply to the HPAC
Council register after 12 months have passed since deregistration.
5.
Replacement of HPAC Identity Cards
1.
All ID cards issued by HPAC remain
the property of HPAC. Due to the high cost in producing each HPAC ID card the
fee to replacing lost, stolen or damaged cards is £30 for members with more
than 3 months before your current ID card expires.
2.
You are required to first return your
current ID card we via prepaid postage provided by HPAC, alternatively, you can
provide us with photographic evidence of your current ID card having been
destroyed by a shredder.
6.
Submitting content to Health Practice Associates Council CIC
1.
Whenever you make use of any feature
on our website, or to make contact with any other users of our site, you must
comply with the content standards set out in our Acceptable Use Policy.
2.
You must take all reasonable
precautions to include using appropriate virus checking software to ensure that
any information, content, material or data you provide is free from viruses,
spyware, malicious software, Trojans, worms, logic bombs and anything else
which may have a contaminating, harmful or destructive effect on any part of
this website or the websites of any third parties or any other technology.
3.
You must check and ensure that all
information, content, material, or data you provide on this website is correct,
complete, accurate, and not misleading and that you disclose all relevant
facts. We do not accept any responsibility or liability for any loss or damage
you may suffer or incur if any information, content, material or data you
provide on this website is not correct, complete and accurate or if it is misleading
or if you fail to disclose all relevant facts.
4.
By submitting user content for
publication on this website, you are confirming that you accept the Terms and
Conditions of our website use together with our Acceptable Use Policy, Privacy
Policy, and Cookie Policy. Further, by submitting user content, you warrant
that any user content submitted by you complies with the content standards set
out in our Acceptable Use Policy and that you will be able to indemnify us for
any breach of the warranty contained in our Acceptable Use Policy. This means
that you will be responsible for any loss or damage we suffer as a result of
your breach of warranty.
5.
We have the right to promptly remove,
disable access to or refuse to upload, any user content (or other content) which
we deem to be, or which is notified to us as being, potentially defamatory of
any person, unlawful, fraudulent, misleading in violation of any third party
rights or contravention of these terms of use and/or our Acceptable Use Policy.
6.
We have the right to move, edit,
close or delete any thread, for any reason, including but not limited to the
more efficient administration or organisation of this site.
7.
You are solely responsible and liable
for your conduct on this website and for the user content that you place on
this website. You must ensure that you own your user content or otherwise have
the right to grant the license. Your user content must not violate or infringe
any privacy rights, intellectual property rights such as copyright, database
rights, and trademarks or other rights of any third party including any right
of confidentiality. Your user content must not violate or infringe any law.
8.
You agree that you will be liable to
us for any damage, loss, claim, demand, liability, or expense including reasonable
legal fees that we may suffer or incur arising out of or in connection with
your conduct on this website and/or your user content.
7.
Qualification verification, identity, background and character checks
1.
All applicants to the register and users
consent to HPAC contacting any person or organisation to obtain further
information about their application or to verify the information that is
provided; and agree that any person who is so contacted may provide HPAC with
any information about the applicant which that person or organisation holds and
HPAC may, in turn, share the identity and evidence supplied by the applicant to
HPAC with any organisation HPAC deems to be relevant in assisting in the
validation of evidence process.
2.
If supporting evidence is found to be
inadequate for grade applied for either an alternative grade of a lower scope
of practice will be recommended or the application rejected. Additionally, even
if evidence has been previously approved and verified if it discovered that the
approval was made in error or is deemed to no longer meet the standard for the
registered grade the registrant's grade may be amended to a lower scope of
practice or registration status withdrawn entirely. HPAC accepts no liability
for loss of earnings or reputation as it is firstly the registrant's
responsibility to ensure that the appropriate grade has been applied for based
on training and qualification achieved.
3.
Checks may include:
·
Verification of the identity
documents submitted by the applicant
·
Confirmation from education providers
that the applicant’s qualifications are genuine
·
Confirmation of the applicant’s good
standing and character
·
Identity, address, driver's licence,
passport number checks with Identity checking service providers – this will
leave a footprint on your credit record, however, this is a soft check and does
not affect your credit score.
·
An enhanced background check with the
Disclosure and Barring Service (DBS)
·
Sharing of any documents supplied as
evidence of training or qualification with a relevant organisation
·
Identifying the registrant to the
organisations with whom HPAC conduct these checks
8.
Additional Education/Training & Skills declared by the registrant.
1.
HPAC notes additional competencies
beyond those traditionally associated with clinician grade, but does not/cannot
authorise extended practice. The actual scope of practice is the responsibility
of the individual and/or their employer with reference to the relevant
law/guidelines/training/competencies in accordance with practice jurisdiction.
9.
Safeguarding Alerts, Cautions, Suspensions and Reporting Concerns
1.
Any outstanding or anticipated
complaints must be declared by the registrant upon registration and during
their time as an active registrant on HPAC.
2.
All registrants are required to
immediately self-report any investigations which reflect upon their clinical
competency, professionalism or ability to practice within 15 days after the
investigation is commenced.
3.
HPAC fully co-operates with law
enforcement agencies as well as all other statutory services within the UK and
abroad. As such if a concern is raised against a registrant on our registry in
relation to a police investigation, HPAC is given expressed permission by the
registrant to contact the police to verify if the allegations are hearsay or
valid. If they are found to be valid and the registrant has not self-reported
this may result in an immediate interim suspension.
4.
Concerns raised by a statutory
service such as police, fire and rescue as NHS will result in an immediate and
proportionate response in relation to the concern raised. Full liability for
any subsequent legal action from the registrant reported falls to the
organisation or service which submitted the concern to HPAC. HPAC may update
the registrant status based on the outcome of the investigation being
undertaken by the reporting statutory service or the decision of the courts
should their decision be successfully challenged by the registrant. For example,
if a registrant has been suspended or had a caution added to their registration
in response to a credible safeguarding concern but is subsequently cleared the
registration will be updated to reflect an active status without any active
concerns.
5.
HPAC accepts no liability for loss of
earnings or reputation damage that may result from safeguarding or professional
conduct concerns raised against a registrant. The individual or organisation
reporting any concern or concerns accepts full liability for any subsequent
actions a registrant may peruse in defence of their registration status or
subsequent damages they may claim to encounter as a result. Resolution of such
matters will not be via HPAC and must be settled between the complainant and
the registrant either in court or via their elected representatives.
6.
In line with the safeguarding act the
law does not prevent the sharing of sensitive, personal information between
organisations where the public interest served outweighs the public interest
served by protecting confidentiality – for example, where a registrant has
falsely claimed to possess qualifications to practice as a clinician by
falsifying, misleading or withholding key information that would prevent their
registration as said clinician. As such safeguarding concerns may be shared
both with organisations registered on HPAC and with external organisations
relevant to the providing of safe care to the public.
7.
By registering with Health Practice
Associates Council CIC you agree to and accept that if a serious concern is
reported to HPAC regarding your fitness to practice safely we may at any time
activate a caution or suspension notification on your profile. This may be
reflected on your public profile and until such time as the matter is resolved.
8.
If a suspension notification is
active account access will be suspended until such time it is removed.
9.
HPAC will endeavor to co-operate with
any police or court requests for registrant information. As far as is
essentially relevant to a police investigation documents supplied to HPAC by a
registrant may be shared with the police or courts without notifying the
registrant.
10.
By registering with HPAC or
submitting a concern you accept in full this process and any subsequent
liabilities.
10.
Event Log
1.
As part of HPAC's safeguarding system
all organisations a registrant is associated to may view all event logs entered
by third party organisations. HPAC accepts no liability of these comments and
it is up to the registrant and complainant to resolve.
11.
Code of Conduct
1.
HPAC is currently outlining its own
code of conduct, however, all registrants must conduct themselves in accordance
with the code of conduct, standards, performance and ethics of the employing or
commissioning organisation.
2.
Registrants must be honest in all their
dealings with HPAC, Employers, commissioning organisations and service users.
Registrants must self-report any changes in their circumstances which could
affect their fitness to practice.
12.
Complaint Handling
1.
If you wish to complain about any
user content posted on our website by a third party, or any other content which
appears on our site, please contact us via the website contact form or at the
postal address given at the beginning of these Terms and Conditions.
2.
Please precisely identify the user
content or other content about which you are notifying us, including the page
of the site on which it is posted. You should provide us with full details of
your complaint and if you are alleging copyright infringement, evidence that
you own the copyright. We will then review the material and decide whether it
complies with the content standards set out in our Acceptable Use Policy. We
will deal appropriately with any user content or other content which, in our
opinion, violates those content standards. We will endeavor to inform you of
the outcome of our review within a reasonable time of receiving your complaint.
3.
HPAC as a rule will not investigate
anonymous complaints.
4.
The complaints form must be completed
in full and can be found on the home page or via this link: https://www.HPAC-uk.org/concerns_report_form
5.
All complaints received which meet
the threshold for investigation will be shared with relevant
organisations/stakeholders.
13.
Account Closure
1.
A minimum of 30 days notice is
required for deregistration or closure of your account, due to the nature
of the register this can only be done by completing an account
deregistration request form either online or by recorded telephone exit
interview. You agree that in the interest of public safeguarding a record of
all qualification evidence and statements supplied will be retained by HPAC for
up to 3 years from the date of account closure. You agree that if you ask us to
deregister your account access to your profile will be revoked upon
closure request to prevent data alteration. If a registrant has been shown to
supply HPAC with fraudulent information or if a safeguarding concern is
successfully raised against registrants who have already
deregistered their account, this information will be shared with relevant
law enforcement and any other agencies related to public safeguarding in line
with the safeguarding act. If proven evidence of fraud, patient endangerment or
conduct which would have resulted in a caution or similar notification being
applied to your account is submitted to HPAC during the 3 year period after
account closure your public profile will be updated with a warning reflecting
the gravitas of the proven incident.
2.
If you are a verified member and you
choose to close your account you must return your ID Card to Chantry House, 22 Upperton
Road, Eastbourne, BN21 1BF within 15 days of account closure request. Proof of
postage is required, if you fail to return your ID card you agree to pay £30
for failure to return the card. If closing your account before the completion
of your annually renewed 12-month contract cycle the remaining months must be
paid in full. Additionally, any outstanding payments for additional services
purchased from HPAC on a payment plan will be charged for in full immediately
via your registered payment card or bank account.
3.
Your account will no longer appear as
verified and will be marked as expired or archived.
4.
You may only re-apply to the HPAC
Council register after 12 months have passed since de-registration.
5.
If your account is marked as expired,
suspended or has been archived, you may not present yourself as an active
member of the register under any circumstances.
6.
If your account is marked as expired,
suspended or has been archived, you may not under any circumstances make use of
your HPAC ID card, the HPAC logo or any other HPAC related material be it
physical, digital or otherwise to present yourself as an active or endorsed
member of the register, either directly or indirectly.
14.
RIGHT TO BE FORGOTTEN
1.
In line with the safeguarding act and
in agreement of the principles relating to the purposes and mechanisms for the HPAC
registry to be effective as a national safeguarding tool:
2.
YOU ARE EXPRESSLY AGREEING THAT YOUR
DETAILS CAN BE HELD AND SHARED (WHERE RELEVANT TO PUBLIC SAFETY/INTEREST) IN
FULL UP TO 3 YEARS AFTER ACCOUNT CLOSURE OR REQUESTING THAT YOU BE FORGOTTEN.
3.
*ADDITIONALLY,YOU AGREE THAT HPAC MAY
RECORD AND STORE THE BASIC STATUS OF YOUR ACCOUNT UPON CLOSURE IN PERPETUITY AS
A REFERENCE POINT SHOULD YOU WISH TO RE-APPY TO THE REGISTRY IN THE FUTURE.
4.
*This includes your name, surname,
grade, PIN number, date of birth and departing status and reasons behind any
concerns i.e. Caution/Suspended.
5.
All new applications which become
dormant due to lack of response or interaction from individuals during the
verification process will be archived after 60 days of dormancy and stored on
our system in line with the aforementioned terms.
15.
Data Protection Officer
Satswana Ltd
Pembroke House, St
Christopher's PlaceFarnborough, Hampshire, GU14 0NH
Farnborough,
Hampshire, GU14 0NH
Email:
[email protected]
Tel: 01252 516898
16.
Intellectual Property
1.
By submitting user content to the
website, a non-exclusive license is granted to Health Practice Associates
Council to use that user content, except where such user content consists of a
private message. Although you will still own the copyright in your own user
content, we will have the right to freely use, edit, alter, reproduce, publish
and/or distribute the material contained in your user content on the website.
Any such license is free of charge, perpetual and capable of sub-license.
2.
We keep this information securely,
and will not reveal it to any associated third parties. In addition, all
members of Health Practice Associates Council staff and volunteers are bound by
our data protection policy.
3.
We will never sell or rent registrant
personal information to third parties. Organisations making use of this site
agree to our data protection policy and are fully liable and accountable for
their use of registrant information. Organisations can only access detailed
information regarding registrants if expressly granted access by that
individual via the association request system. We also receive requests for
statistics about the number of Health Practice Associates Council by, for
example, age, area, or gender. We do release these statistics, but we make sure
that no health practice associate can be identified.
4.
The only information that we display
about you on our public-facing register is your name, registration number,
primary qualification, dates of current registration cycle, the approximate
geographical area of practice, and any conditions on your registration.
5.
We draw your attention to the
Acceptable Use Policy and remind you of your obligation to ensure that any user
content placed on the website complies with our content standards as set out in
that Acceptable Use Policy. You must ensure that your user content does not
infringe copyright, database right, trademark or intellectual property of any
other person. By submitting user content to this website, you are warranting
that you have the right to grant us the non-exclusive copyright license as
mentioned above.
17.
Disclaimer
1.
All content on our site (including
but not limited to user content) is provided for general information only
without any guarantees, conditions or warranties as to its accuracy. It is not
intended to amount to advice (of any nature) upon which you should rely. You
must obtain professional or specialist advice before taking, or refraining
from, any action on the basis of the content of our site.
2.
Although we aim to update our site
regularly, we are under no obligation to do so and any of the material on the site
may be out of date at any given time.
18.
Our Intellectual Property (IP)
1.
Copyright in the information, data,
content or other material displayed on this website is owned by Health Practice
Associates Council and is managed and maintained by its software licence
provider UbiquiCore Limited. Our copyright cannot be used for any commercial
purpose without our prior written consent. Any copy must retain all copyright
or other intellectual property notices contained in the original material.
Images displayed on this website are protected by copyright and may not be
reproduced without our prior written consent. Logos, trademarks or other
service marks displayed in this website may not be printed or downloaded except
as part of the text of which they form a part.
2.
All intellectual property of HPAC is
protected by copyright law and any attempt to replicate, recreate or otherwise
emulate IP content on our site without our expressed permission is strictly
prohibited and may result in legal action being taken.
3.
All content on our site (including
but not limited to user content) is provided for general information only
without any guarantees, conditions or warranties as to its accuracy. It is not
intended to amount to advice (of any nature) upon which you should rely. You must
obtain professional or specialist advice before taking, or refraining from, any
action on the basis of the content of our site.
19.
Non-Compete
1.
By applying to register with Health
Practice Associates Council and by continuing to make use of our site you confirm
that you and/or your organisation are not currently directly or indirectly
engaged in any competitive business related to the creation and/or maintenance
of a non-statutory regulated register for roles within the UK who are currently
on the HPAC register. This includes but is not limited to: (i) engaging in a
business as owner, partner, or agent, (ii) becoming an employee or third party
that is engaged in such business, for-profit, not-for-profit or otherwise,
(iii) soliciting any registrants or organisations on Health Practice Associates
Council for the benefit of a third party that is engaged in such business.
20.
Information sharing with external regulatory bodies
1.
Where deemed relevant, HPAC can and
will share details or concerns regarding an application/registration with other
regulatory bodies we believe a registrant may be linked to.
2.
HPAC may request information from
regulatory bodies regarding registrants/applicants where deemed relevant.
3.
HPAC has the right to refuse
registration, suspend registration, apply a caution to an existing registration
or any similar course of action if dishonesty, fraud or any failure to meet the
standards of conduct, competency, and proficiency is detected.
4.
HPAC may make a referral to a
relevant external regulatory body based on information ascertained at any point
during a registrant's involvement with HPAC where deemed necessary or in the
public interest to do so.
21.
Liability and limitation
1.
Nothing in these terms excludes or
limits our liability for death or personal injury caused by our negligence or
for our fraud or fraudulent misrepresentation.
2.
We use reasonable endeavors to ensure
that information on this website is accurate and up to date and to correct
errors as soon as we are able to after becoming aware of them. We do not check,
monitor or review, verify or endorse such material in any way. We are not
responsible or liable for any loss or damage you may suffer or incur in
connection with, any information, content, material or data collected from or
provided by third parties which are displayed on or are otherwise available
from this website or any third party websites. Such information, content,
material or data may be inaccurate, incomplete or out of date. It is your
responsibility to check that such information, content, material or data is
accurate, complete, correct, and up to date.
3.
Any views, opinions, advice, reviews,
ratings or comments on this website or any third party website which are made
by third parties, do not represent our views, opinions or advice and should not
be relied upon by you and are not checked, monitored, reviewed, verified or
endorsed by us. We are not responsible or liable for any loss or damage you may
suffer or incur in connection with such views, opinions, advice, reviews,
ratings or comments including in relation to their accuracy, truthfulness or
completeness.
4.
We do not give any warranty or
guarantee that this website, any third-party website or any information,
content, material or data on this website or any third party website is free
from viruses, spyware, malicious software, Trojan’s worms, logic bombs or anything
else which may have a contaminating, harmful or destructive effect on any
technology. You must ensure that you use appropriate virus checking software.
We are not responsible or liable for any loss or damage you may suffer or incur
in this regard were caused by any third party.
5.
We are not responsible or liable for
any loss or damage you may suffer or incur in connection with your use of this
website which is caused by any event beyond our reasonable control including
the electronic transmission of information, content, material and data over the
internet and the interception or description of it by others.
6.
We are not responsible or liable for
any indirect loss or damage you may suffer or incur in connection with your use
of this website including any loss of savings you expect to make, loss of
business or business opportunity or loss of profit or revenue or for any loss
or damage you may suffer or incur in connection with your use of this website
which was not foreseeable by us when you used this website.
7.
We are not responsible for any loss
or damage of any kind, however arising and whether caused by tort (including
negligence), breach of contract or otherwise, even if foreseeable, provided
that this condition shall not prevent claims for loss or damage to your
tangible property or any other claims for indirect financial loss that are not
excluded by any of the categories set out above.
8.
Where our site contains links to
other sites and resources provided by third parties, these links are provided
for your information only. We have no control over the contents of those sites
or resources, and we expressly exclude liability for any loss or damage that
may arise from your use of them. You use any third-party sites and resources at
your own risk and you are responsible for assessing the suitability of any
goods or services advertised by such third parties before signing up or placing
an order for such goods or services.
9.
Where you contract with a third
party, they will be providing goods and services to you on their own Terms and
Conditions. You must ensure you understand and agree to these Terms and
Conditions before entering into a contract to obtain that product or service.
We are not responsible or liable for any loss or damage you may suffer or incur
in connection with the Terms and Conditions applying to any contract entered
into by you with any third party in relation to any product or service or any
acts, omissions, errors or defaults of any third party in connection with those
Terms and Conditions.
22.
Associated Organisations
1.
By granting a third party
organisation associate status, you agree to their making use of your
information in the manner they deem fit. This includes but is not limited to
the sharing and recording of clinical, operational, correctional, educational,
complimentary and complaint-based information in relation to you. This
information will be permanently recorded in the events segment of your profile
some or all of which may be made visible to other third-party organisations to
whom you grant associate status.
2.
Please be aware that, with the
exception of private messages, all content you post on our site is available to
view by organisations you grant associate status, which means that it is
visible to all organisational users of our site to whom you grant associate
status. Please do not disclose any personal information on our site which you
do not wish to make public. A limited version of your information will also be
publicly available to view, which means that it is visible to public users of
our site. This includes if your profile is deregistered, suspended or has been
restricted in any manner HPAC administration.
3.
If you would like to restrict how
much of your profile information can be seen by other users, you can do so by
editing your associated organisations in your profile settings section of this
website.
23.
Jurisdiction and applicable law
1.
The English Courts will have
exclusive jurisdiction over any claim arising from or related to, a visit to
our site although we retain the right to bring proceedings against you for
breach of these conditions in your country of residence or any other relevant
country.
2.
These terms of use and any dispute or
claim arising out of or in connection with them or their subject matter or
formation (including non-contractual disputes or claims) shall be governed by
and construed in accordance with the law of England and Wales.
24.
Variations
1.
The content of the pages of this
website is for general information and use only. We may revise these terms of
use at any time by amending this page. You are expected to check this page from
time to time to take notice of any change we have made, as they are binding on
you. Some of the provisions contained in these terms of use may also be
superseded by provisions or notices published elsewhere on our website.
25.
Use of HPAC banners and logo
1.
If you would like to link to our
site, please read the following conditions. The use of the HPAC banner and/or
logo is subject to you agreeing to these terms:
2.
Health Practice Associates Council
are the sole owners of the HPAC logo. Your use of the logo acknowledges Health
Practice Associates Council ownership of the logo.
3.
Health Practice Associates Council
reserves the right to take action against any use of the logo that does not
conform to any of the conditions herein, or that infringes any intellectual
property or other rights of Health Practice Associates Council or violates
applicable law. All use of or the goodwill associated with the HPAC logo will
convey to the benefit of Health Practice Associates Council.
4.
Use of the HPAC logo does not
indicate or create any endorsement, approval, sponsorship or affiliation of or
with your website by Health Practice Associates Council.
5.
The HPAC logo is provided without
warranties of any kind, express or implied, including without limitation,
warranties of the title of non- infringement. Use of the logo is solely at your
own risk.
6.
Health Practice Associates Council
hereby grants you a license to use the HPAC logo, provided that you agree:
7.
The logo will be used solely for the
purpose of linking to the HPAC website.
8.
The link will always be an active
link.
9.
The HPAC logo will always stand alone
and will not be combined with any other graphical elements.
10.
The HPAC logo will not be altered in
any manner including its proportions, font, design, arrangement, colours or
elements or animated, morphed or otherwise distorted in perspective or
appearance.
11.
The HPAC logo will not appear
more prominently than your personal, company, product or service website name.
12.
The HPAC logo will be displayed
in a positive manner and will not be used in any way that adversely affects Health
Practice Associates Council credibility.
13.
You will not transfer, assign, sell,
reproduce, distribute or otherwise exploit your link to us or your use of our
logo.
14.
The HPAC logo will appear as provided
by Health Practice Associates Council.
15.
The HPAC logo will not appear on any
pages of websites including content or advertising for alcoholic beverages,
tobacco, religious or political material or firearms.
16.
The HPAC logo will not appear on
pages including content, which Health Practice Associates Council finds in its
sole discretion to be objectionable or which includes obscene, pornographic,
violent, intolerant, tasteless, denigrating or sexually-oriented content or
materials.
17.
The HPAC logo will not create or give
the appearance of creating an endorsement, approval, sponsorship, affiliation
or recommendation of any product or service by Health Practice Associates
Council
18.
The use of phrases on your own
website, online forums or on promotional material of any kind which imply
endorsement of any kind by HPAC/Health Practice Associates Council must be
approved in writing by Health Practice Associates Council.
19.
The HPAC logo will not be used or
displayed in any way that disparages Health Practice Associates Council or its
software provider, infringes any intellectual property or other rights of Health
Practice Associates Council, violates any national or international law, or
diminishes or otherwise damages Health Practice Associates Council goodwill in
the logo.
20.
Health Practice Associates Council
reserves the right to make any change to the information and/or license
provided herein at any time for any reason. You acknowledge and agree that you
are responsible for keeping up with any such changes.
21.
Health Practice Associates Council
also reserves the right to revoke the logo license for any reason, in which
case you agree to remove the link and stop the use of the logo within 2
business days of notice of revocation. In such a case, you will be prohibited
from reinstating the link or using the logo without further written permission
from Health Practice Associates Council.
26.
Agreement to HPAC terms and policy
1.
If you select free or paid for
registration to our website we do insist that all users abide by our rules and
policies. When you register with our site, you confirm that you accept and
agree on the terms of our website use, our Privacy Policy, our Acceptable Use
Policy and our Cookie Policy.
2.
The continued use of our site
constitutes your agreement and understanding and your use of this site is
subject to the aforementioned policies and that you understand what conduct and
content is and is not acceptable on our site.
27.
Miscellaneous
1.
HPAC makes no warranty or
representation that any product or service referred to on this website or any
service we provide is available or otherwise appropriate for use outside of the
United Kingdom. If you choose to use this website from locations outside the
United Kingdom, you do so at your sole risk and you are responsible for
compliance with all applicable local laws.
2.
If any provision of these terms is
held to be unlawful, invalid or unenforceable, that provision shall be deemed
deleted from these terms and the validity and enforceability of the remaining
provisions of these terms shall not be affected.
3.
These Terms constitute the entire
agreement between you and us relating to your access to and use of this website
and supersede any prior agreements (including any previous terms of use of this
website).
28.
Provision of false or misleading information is an offence
1.
Any registrants identified as having
purposefully supplied false or misleading information in respect of their
identity, DBS, clinical qualifications or blue light driving entitlement either
preceding registration acceptance or post-acceptance will be reported to the
relevant authorities on grounds of fraud as well as public endangerment and
legal action may be taken against them by Health Practice Associates Council
CIC.
2.
In line with the safeguarding act
2014, any registrants found to have provided false or misleading information
will be subsequently reported to associated organisations both nationally and
internationally.
3.
A suspension notice will be applied
to your public profile and remain live for a minimum of three years.
4.
For clarification the presence of an
interim-suspension, expired or inactive notice on a registration is not an
indication that a registrant is guilty of any offence.
5.
HPAC accepts no liability for loss of
earnings or reputation during this period, if you do not agree to these terms
please do not register. Please ensure you have read our full terms and
conditions before registering, thank you.