TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THE PLATFORM.
1. THE PLATFORM
1.1 These terms of use (Terms) set out the
rules for using the South Thames Paediatric Network Moodle platform.
1.2 The Platform is a collection of online learning
(eLearning) and educational resources (Content) which is provided
to support patient care by providing e learning to educate and train the health
and social care workforce. The Content is developed by South Thames Paediatric
Network (STPN) educators, South Thames Retrieval Service (STRS) educators and
Pan Thames Long Term Ventilation (LTV) educators in collaboration with our
partners across the network.
1.3 By accessing a Platform, you warrant, represent
and undertake that you are 18 years of age or older.
1.4 Access to and usage of the Platform is granted
in consideration of and is dependent on your acceptance of these Terms.
2. WHO WE ARE AND HOW TO CONTACT US
2.1 The Platform is operated by the South Thames
Paediatric Network. This is a managed clinical network hosted by Evelina
Children’s Hospital. Our offices are located at Becket House, London SE1 7EU.
2.2 To contact us about any matter relating to the Platform,
please contact us at england.stpn@nhs.net
3. THESE TERMS
3.1 By using the Platform, you confirm that you
accept these Terms insofar as they apply to the Platform and that you agree to
comply with them. If you do not agree to these Terms you must not use that
Platform.
3.2 These Terms incorporate the following:
3.2.1 How We may use your personal information (as
set out in section 11).
3.2.2 our Acceptable Use conditions (as set out
in section 6).
3.3 We may amend these Terms from time to time
without notice. Any change will be effective immediately upon the revised Terms
being posted. You will be asked to confirm your acceptance of the new Terms and
Conditions the next time you log in to the platform. You must stop using a
Platform and deactivate your Account (as defined in clause 4) if you do not
agree to such change. Continued use of a Platform after a change has been made
is your acceptance of the change. These Terms were most recently updated on 12th
March 2025.
4. ACCESS TO THE PLATFORM
4.1 This clause 4 sets out the circumstances in
which you may be granted a user account for access to the Platform (Account).
4.2 Access to the Platform is permitted in
accordance with the following provisions:
4.2.1 The Platform is a “closed” platform
and can only be accessed by members of the health and social care workforce in
the South Thames Paediatric Network and other user groups at our discretion. We
will (at our sole discretion) determine whether you may be granted an Account.
4.2.2 You are required to provide accurate and
complete information when you register your account. For the avoidance of doubt, we are under no
obligation to grant an Account to any person.
5. YOUR ACCOUNT
5.1 When you set up your Account you must identify
yourself honestly, accurately and completely. It is your responsibility to make
sure that your Account details are correct and up to date. You must only access
the Platform using your own username and password.
5.2 If you choose, or you are provided with, an
Account code, password or any other piece of information (Account Information)
as part of our security procedures, you must treat the Account Information as
confidential. You must never input any of your Account Information into any
other website, and we will never ask for you for your Account Information. Your
Account is non-transferable and you must not disclose your Account Information
to any third party or permit another person to complete any eLearning on your
behalf or access or upload any Content on your behalf.
5.3 We have the right to disable your Account code
or password, whether chosen by you or allocated by us, at any time, if in our
reasonable opinion you have failed to comply with any of these Terms.
5.4 You must not to use any account other than your
own Account or permit or offer your Account to be used by any other person.
5.5 You are responsible for the security of your
Account. If you know or suspect that anyone other than you knows your Account
code or password, or that anyone other than you has access to your Account, you
must promptly notify us using the contact details provided in clause 2.2.
5.6 You are solely responsible for all activity
that occurs on your Account, including any information associated with your
Account and anything that happens in relation to it including (without
limitation) unauthorised or wilfully malicious access granted by you to another
person.
5.7 If we have to contact you, we will do so by
writing to you at the email address you provided to us when setting up your
Account. Therefore, it is important to keep your account detail up to date, as
set out in clause 5.1.
6. USE OF THE PLATFORM
6.1 While reasonable professional care has been
taken in developing the Content (excluding any Third Party Content (as defined
in clause 8.1) and any Contributions (as defined in clause 7.1)), we make no
warranties concerning the correctness or completeness of the Content. Although
we make reasonable efforts to update the Content, we make no representations, warranties,
or guarantees, whether express or implied, that the Content is up to date.
6.2 Acceptable use
6.2.1 You are permitted to use the Platform as set out in the Terms and
for the purpose of personal and collaborative study. This includes printing off,
copying, downloading and sharing content as available.
6.2.2
You must not use any part of the Content on the
Platform for commercial purposes.
6.2.3. If you print off, copy, download, share or repost any part of the
Platform in breach of these Acceptable Use conditions, your right to use the
Platform will cease immediately and you must, at our option, return or destroy
any copies of the materials you have made.
Our status (and that of any identified contributors) as the authors of
Content on the Platform must always be acknowledged (except in respect of
Third-Party Content).
6.2.4
Prohibited uses. You may not use the Platform:
6.2.5
You also agree:
to follow any reasonable instructions given to you by us in connection
with your use of the Platform;
to respect the rights and dignity of others, in order to maintain the ethos
and good reputation of the NHS, the public good generally and the spirit of
cooperation between those studying and working within the health and care
sector. In particular, you must act in a professional manner with regard to all
other users of the Platform at all times;
not to modify or attempt to modify any of the Content, except in respect
of Contributions;
not to use tools that automatically perform actions on your behalf;
not to upload any content that infringes the intellectual property
rights, privacy rights or any other rights of any person or organisation; and
not to attempt to disguise your identity or that of your organisation;
6.2.6
No text or data mining, or web scraping
You shall not conduct, facilitate, authorize or permit any text or data
mining or web scraping in relation to the Platform or any services provided
via, or in relation to, the Platform.
7. UPLOADING CONTENT TO THE PLATFORM
7.1 Whenever you make use of a feature that allows
you to upload or contribute Content to a Platform (Contribution), you
must comply with the Content Standards set out below.
7.2 By uploading a Contribution to a Platform, you
warrant and represent that such Contribution complies with the Content
Standards and that you have all rights, power, and authority necessary or
desirable to grant the rights, use, and access to such Contribution in
accordance with these Terms
7.3 You shall:
7.3.1 Retain ownership of all intellectual property
rights in any Content uploaded to a Platform by yourself; and
7.3.2 Grant us a worldwide, non-exclusive,
royalty-free, perpetual, transferable license for users of the Platform to use
the Contribution in accordance with the functionality of the Platform to expire
when you delete the Contribution from the Platform.
7.4 You are solely responsible for securing and
backing up your Contributions.
7.5 We take no responsibility for and do not review
nor expressly or implicitly endorse Contributions.
7.6 We have the right to take action, including but
not limited to removal of any Contribution, if, in our opinion, a Contribution
does not comply with our Content standard set out below.
Content
standards
The content standards apply to any and all Contributions.
The Content Standards must be complied with in spirit as well as to the
letter. The Content Standards apply to each part of any Contribution as well as
to its whole.
We will determine, in our discretion, whether a Contribution breaches
the Content Standards.
A Contribution must:
·
be accurate (where it states facts);
·
be genuinely held (where it states opinions); and
·
comply with the law applicable in England and Wales
and in any country from which it is posted.
·
When producing
Content to upload to the Platform, we encourage you to implement NICE guideline
recommendations and ensure that sources of evidence are valid (for example, by
peer review).
A Contribution must not:
·
contain misinformation that is likely to harm
users, patients/service users, health and care workers, or the general public’s
wellbeing, safety, trust and reputation, including the reputation of the NHS or
any part of it.
·
contain any content or link to any content:
o
which is created for advertising, promotional or
other commercial purposes, including links, logos and business names;
o
which requires a subscription or payment to gain
access to such content;
o
in which the user has a commercial interest;
o
which promotes a business name and/or logo;
o
which has as its purpose or effect the collection
and sharing of personal data;
o
be irrelevant to the purpose or aims of the
Platform or while addressing relevant subject matter, contain an irrelevant,
unsuitable or inappropriate slant (for example relating to potentially
controversial opinions or beliefs of any kind intended to influence others);
o
be defamatory of any person;
o
be obscene, offensive, hateful or inflammatory, or
contain any profanity;
o
bully, insult, intimidate or humiliate;
o
promote discrimination or discriminate in respect
of the protected characteristics set out in the Equality Act 2010, being age,
disability, gender reassignment, marriage and civil partnership, pregnancy and
maternity, race, nationality, religion or belief, sex, and sexual orientation;
o
infringe any copyright, database right or trade
mark of any other person;
o
breach any legal duty owed to a third party, such
as a contractual duty or a duty of confidence;
o
promote any illegal content or activity, including
but not limited to the encouragement, promotion, justification, praise or
provision of aid to dangerous persons or organisations, including extremists,
terrorists and terrorist organisations and those engaged in any form of
criminal activity;
o
contain harmful material;
o
give the impression that the Contribution emanates
from us, if this is not the case; or
o
disclose any third party’s confidential
information, identity, personally identifiable information or personal data
(including data concerning health).
8. THIRD PARTY CONTENT
8.1 The Platforms may contain a variety of Content
including but not limited to audio files, videos, text, images, articles, links
to other websites, facilities, products, services, resources, eLearning and
other links of any kind whatsoever and wherever in the world and other
materials which may be posted from time to time by other users or any other
third party (Third Party Content).
8.2 Third Party Content is not owned by us and is
not under our influence or control in any respect whatsoever. We assume no
responsibility for any Third Party Content and do not endorse any Content or
any link to any Content.We do not give any warranty as to the accuracy of Third
Party Content. The views expressed by other users on a Platform do not
represent our views or values.
8.3 We cannot guarantee that Third Party Content
will work all of the time and have no control over the availability of any Third
Party Content.
8.4 You use and access Third Party Content strictly
at your own risk and you must exercise all care and due diligence on your own
behalf before proceeding to pay any attention to, rely on or take any action in
connection with Third Party Content.
9. CHANGES TO, AND AVAILABILITY OF, THE PLATFORM
9.1 We reserve the right to update, move or change
a Platform at any time in order to meet our users’ needs and our business
priorities and to continually improve our online service. External web sites
link to the Platform at their own risk.
9.2 We reserve the right to modify, suspend or
discontinue the Platform at any time without notice. You agree that we will not
be liable to you or to any third party for any modification, suspension or
discontinuation of a Platform.
9.3 We do not guarantee that the Platform, or any
Content on it, will always be available or be uninterrupted. We may suspend or
withdraw or restrict the availability of all or any part of the Platform for
business and operational reasons, including (without limitation) for technical
or security reasons. We will try to give you reasonable notice of any
suspension or withdrawal but are under no obligation to do so.
9.4 We do not warrant that the functions contained
in the material contained on the Platform will be uninterrupted or error free,
that defects will be corrected, or that the Platform or the server that makes
it available are free of viruses or represent the full functionality, accuracy,
reliability of any materials provided on the Platform.
9.5 Access to the Platform requires the functioning
of servers and internet connections. We undertake to provide a service at least
meeting eLearning industry norms for those elements of availability which are
under our control. We do not undertake to provide availability to the Content
at any specific time.
9.6 If the Platform is decommissioned and we hold
any Content which was created by a Centre and/or any data which relates to eLearning
completed by the Delegates of a specific Centre (Data), we will provide the
Data to that Centre. If you require the Data to be provided in a specific
format, you must discuss this with us to determine (acting reasonably) whether
this is feasible.
9.7 Where you are an account holder, in the event
that your Centre ceases to have access to a Platform, your access to a Platform
may become limited or cease.
10. WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that the Platform will be
secure or free from bugs or viruses. You are responsible for configuring your
information technology and computer programmes to access the Platform. You
should use your own virus protection software.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 What information do we collect?
You will be asked to submit personal information about yourself (e.g.
name and email address) in order to receive or use services on the platform.
Any information you provide on the platform will only be used by us, our
agents and service providers and will not be disclosed unless we are obliged or
permitted to by law to do so.
We will hold your personal information on our systems for as long as you
use the service your account remains open, and remove it in the event that the
purpose has been met or when you no longer wish to continue your subscription.
11. 2 On receipt of bona fide requests for information from
authorized bodies such as NHS Trusts or employment agencies, in relation to
confirmation of a data subject’s course attendance or qualification, RCUK shall
confirm validity of the data subject’s course certificate and dates of
attendance.
11.3 Embedded content
We want to provide interesting and engaging content on our platform. On
a number of pages, we use ‘plug ins’ or embedded media. For example, we embed
videos in many pages.
The suppliers of these services may set cookies on your device when you
visit the pages where we have used this type of content. These are known as
‘third-party’ cookies. Third party cookies are delivered on behalf of their
respective organisations and as such they may change their name and purpose
from the cookies identified below, this is beyond the control of STPN.
12. INTELLECTUAL PROPERTY
12.1 Material published on this platform is
protected by copyright laws and treaties around the world. All such rights are
reserved.
12.2 Save as expressly set out in these Terms, you
shall not acquire in any way, any title, rights of ownership, or intellectual
property rights of whatever nature in a Platform, its software or any Content
or in any copies of it.
12.3 You acknowledge and understand that a Platform
and its software and Content contains confidential and proprietary information.
You shall not conceal, modify, remove, destroy or alter in any way any our
proprietary markings on or in relation to the same.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our
liability to you where it would be unlawful to do so. This includes liability
for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors and for fraud or fraudulent
misrepresentation.
13.2 We exclude all implied conditions, warranties,
representations or other terms that may apply to the Platform or any Content,
including but not limited to the implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement, compatibility, security and
accuracy.
13.3 To the maximum extent allowed by law, we
exclude all liability arising from:
13.3.1 errors or omissions in the Content;
13.3.2 non-availability of access to the Content;
and
13.3.3 use of the Content by you in circumstances
where such use is inappropriate.
13.4 Although we may from time to time monitor or
review discussions, chat, postings, transmissions, bulletin boards and other
communications media on the Platform, we are under no obligation to do so and
assume no responsibility or liability arising from the Content of any such
locations nor for any error, omission, infringement, defamation, obscenity, or
inaccuracy contained in any information within such locations on the Platform.
13.5 We do not accept any responsibility for any
loss, disruption or damage to your data or your computer system which may occur
whilst using material derived from the Platform.
13.6 We assume no responsibility for any Third Party
Content.
13.7 We neither warrant nor guarantee that:
13.7.1 your use of the Platform will be
uninterrupted or error-free or compatible with any third party software or
equipment;
13.7.2 defects in relation to the Platform, if any,
will be corrected;
13.7.3 the Platform and/or the information obtained
by you through the Platform will meet your requirements;
13.7.4 the Content (or any part of it) is
up-to-date, complete, accurate, reliable, suitable, safe or will be made
available at all times;
13.7.5 the Content will be uninterrupted or
error-free;
13.7.6 that a Platform or the server that makes it
available are free of viruses.
13.8 We will not be responsible for any delays,
delivery failures, or any other loss or damage resulting from the transfer of
data over communications networks and facilities, including the internet, or
any failure caused by third party software and you acknowledge that the
Platform may be subject to limitations, delays and other problems inherent in
the use of such communications facilities.
13.9 In no event will we be liable to you for any
loss or damage, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, even if foreseeable, arising under or in
connection with use of, or inability to use, the Platform or in reliance on any
Content, including (but not limited) to in relation to:
13.9.1 loss of profits, sales, business, or
revenue;
13.9.2 business interruption;
13.9.3 loss of anticipated savings;
13.9.4 loss of business opportunity, goodwill or
reputation; or
13.9.5 any indirect or consequential loss or
damage.
14. INDEMNITIES
14.1 You agree to indemnify and hold harmless and
continue to indemnify and hold harmless us, our employees, agents, partners,
sub-contractors, third party software providers and collaborators anywhere in
the world in all respects and in relation to all matters relating to your use
(and that of any other person acting on your authority) of the Platform,
including (without limitation) in respect of any breach of these Terms to the
fullest extent permitted by law.
15. SUSPENSION AND DEACTIVATION OF YOUR ACCOUNT
15.1 We reserve the right to disable or limit the
use of your Account at any time without notice and without giving any reason if
you have failed to comply with any of the provisions of these Terms or if we
suspect any unauthorised use or misuse of your Account, any Content or the
Platform generally. We reserve all rights not expressly granted by these Terms
and conferred by law. In the event that your Account is disabled, your right to
access the Platform shall (without prejudice to any of our rights and remedies)
terminate immediately.
15.2 Should you wish to deactivate your Account at
any time, please contact us using the contact details provided in clause 2.2.
In such circumstances, we will aim to deactivate your Account within 5 (five)
working days, but please note that this may take longer.
16. GENERAL
16.1 Transfer of these Terms: We may
transfer our rights and obligations under these Terms to another organisation.
You may not transfer any of your rights or obligations under these Terms to
another person.
17.2 Entire agreement: These Terms and
the documents expressly referred to in them contain the whole agreement between
you and us relating to its subject matter and supersedes any prior agreements,
representations or understandings between them unless expressly incorporated by
reference in these Terms.
17.3 Waiver and delay: No delay, act or
omission by us in exercising any right or remedy will be deemed a waiver of
that, or any other, right or remedy.
17.4 Severability: If any part of these
Terms is declared unenforceable or invalid, the remainder will continue to be
valid and enforceable.
17.5 Governing law and jurisdiction:
These Terms, their subject matter and their formation (and any non-contractual
disputes or claims) are governed by English law. We both agree to the exclusive
jurisdiction of the courts of England and Wales.