NHS Blood Assist - Terms of Use and Privacy Policy

1.This agreement (“Agreement”) sets out the Terms of Use (“Terms of Use”) of the NHS Blood Assist website (“Website”). It constitutes a legally binding agreement by and between you (personal and organisational “you”) and NHS Blood and Transplant (“NHSBT”/ “we”) concerning your use of the Website.
2.You understand these Terms of Use, agree that your use of the Website shall constitute acceptance of the Terms of Use and acknowledge our right to update the Terms of Use at any time without notice and to be bound by any updates.

3.The Website is not to be used in connection with patients under 18 years of age.
4.The Website comprises the mobile software application accompanying this Agreement, including without limitation any software code, scripts, interfaces, graphics, displays, text, documentation and other components, and any updates, modifications or enhancements to them.
5.The Website is intended for the sole purpose of assisting clinical practice in the administration of blood components within healthcare institutions in England by appropriately trained and competent, registered and regulated professionals.
6.The Website must not be used as a substitute for professional judgement or local organisational policies or procedures.
7.Users should recognise that some patients may misinterpret bedside smartphone use and should, therefore, explain to patients why they are using the smartphone in this way. You may tell them that the Website is not designed for the input of patient-identifying data and, at your discretion, inform them of its indicated use.

8.The Website, and the information contained in it, is provided to you "as is" with no guarantee of completeness or accuracy, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability and fitness for a particular purpose.
9.You acknowledge that Website functionality may be seriously affected by changes to the operating system of your device. You must not use the Website following an operating system change unless it is a version validated for use with the updated operating system.
10.Neither NHSBT nor its employees or management shall be liable for any damages (including without limitation, direct, indirect, consequential or incidental damages) resulting from or in connection with:

10.1.continued use of the Website where the user has not accepted updates;
10.2.any information, materials, or recommendations related to the Website;
10.3.matters beyond NHSBT’s control, including without limitation the incorrectness or incompleteness of input data and information provided on third party websites that may be linked to, directly or indirectly, by means of the Website;
10.4.any software or hardware used for electronic communications;
10.5.any other website on your device;
10.6.use of the Website with any incompatible operating system;
10.7.the disabling of the Website (for example, following updating your device’s operating system);
10.8.termination of this Agreement;
10.9.cessation of Website function; or
10.10.the failure or delay in the delivery of electronic data, the interception or manipulation of electronic data by third parties and transmission and the impact of software viruses.

11.Nothing in this agreement excludes or limits liability for death or personal injury.

12.Unless otherwise stated, all rights, including copyrights and other intellectual property rights in the Website and all database rights in underlying databases and subsisting in information collected from you by NHSBT are the property of NHSBT.
13.Subject to data protection obligations, you may consult the Website and the information contained therein and record Website outputs (for example, using your device’s print screen function). However, any other use of the Website or such information, for example the storage or reproduction of the Website or any part of it in any other medium or the creation of links, hyperlinks or deeplinks between the Website and any other medium, is prohibited without NHSBT’s explicit written permission.

14.To create statistical reports about Website use, anonymous data generated from users, including you, are collected by means of a software development kit (“SDK”) placed on your phone or device by Firebase's web server. The SDK contains an anonymous, unique sequence that is only accessible by the Google Firebase web server. The SDK saves anonymous data about your Website use until your device is connected to the internet, when it sends it to the Firebase web server. The server collates your data with equivalent data from other users. No personal data is sent, and the anonymous data will only be accessible to NHSBT and the developers of the Website, HMA Digital Marketing of 42 Sackville Street, Barnsley, S70 2DB.
15.The Website uses Google Firebase Analytics SDK's, Googles privacy policy is available at: http://www.google.com/policies/privacy/.

16.NHSBT has the right to terminate this Agreement at any time without notice.
17.You can terminate this agreement by uninstalling the Website, which you may do at any time.

18.These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English courts, which shall settle all disputes arising in connection with these Terms and Conditions of Use.