By registering with this site you agree to the following:
CLINCAL EXAMINATION SKILLS TRAINING FOR COMMUNITY PHARMACISTS
END USER LICENCE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS DO NOT CONTINUE WITH THE REGISTRATION PROCESS.
By registering with this site you agree that you are registered community pharmacist in England and that you have a valid GPhC number. If you do not meet these criteria, please do not continue will the registration process and contact us directly through our feedback form: https://cliniskills.helmlms.com/feedback. If you register in violation of these criteria you agree that are personally liable for any subsequent legal action taken against you.
Who we are and what this agreement does:
We Clinical Skills Training Limited (UK company number 13802641) license you to use:
- The Clinical Examination Skills Training (CEST) eLearning Programme and the content we provide to you through this website any updates or supplements to it.
- The related online documentation (Documentation).
as permitted in these terms.
Contacting us (including with complaints)
If you think CEST is faulty or mis-described or wish to contact us for any other reason, please use the contact form on the site https://cliniskills.helmlms.com/feedback.
You may NOT transfer CEST to someone else
We are giving you personally the right to use CEST as set out above. You may not otherwise transfer CEST to someone else, whether for money, for anything else or for free.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
Update to CEST and changes to the Service
From time to time we may automatically update CEST to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
We may collect technical data about your device
By using CEST, you agree to us collecting and using technical information about the devices you use CEST on and related software, hardware and peripherals to improve CEST and to provide any services to you.
We are not responsible for other websites you link to
CEST may contain links to other independent websites, which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, CEST in any form, in whole or in part to any person without prior written consent from us;
- not copy CEST or Documentation, except as part of the normal use of CEST or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of CEST or Documentation nor permit CEST or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use CEST on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of CEST nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile CEST to obtain the information necessary to create an independent program that can be operated with CEST or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to CEST;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by CEST.
Acceptable use restrictions
- not use CEST in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into CEST or any operating system;
- not use CEST and then undertake a separate internal assessment;
- not infringe our intellectual property rights or those of any third party in relation to your use of CEST, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of CEST;
- not use CEST in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.
Intellectual property rights
All intellectual property rights in CEST and the Documentation throughout the world belong to us and NHS England and the rights in CEST are licensed (not sold) to you. You have no intellectual property rights in, or to, CEST or the Documentation other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- 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 or for fraud or fraudulent misrepresentation.
- When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. If you use CEST for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Limitations to CEST. CEST is provided for general training information and purposes only. Although we make reasonable efforts to update the information provided by CEST, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- Please back-up content and data used with CEST. We recommend that you back up any content and data used in connection with CEST, to protect yourself in case of problems with CEST.
- Check that CEST is suitable for you. CEST has not been developed to meet your individual requirements. Please check that the facilities and functions of CEST meet your requirements.
- We are not responsible for events outside our control. If our provision of the support for CEST is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any services you have paid for but not received.
If you use this site in breach of these conditions you understand and agree to be held personally liable for breach of this agreement. If you are unclear as to whether you can use this site, please contact the CEST team through the contact form https://cliniskills.helmlms.com/feedback and we will be happy to assist you further.
If it is found that an organisation has encouraged or directed its staff or associates to register with the CEST in order to subsequently undertake an assessment and/or training programme external to CEST, then we will be entitled to damages for each user access from the employing organisation in question. The damages will be based on regular review of completion records through either a) CEST compliancy reports on ESR/OLM and/or b) based upon local Learning Management System reports, in addition to any and all associated investigative and legal costs, with no maximum limit.
We may end your rights to use CEST at any time by contacting you if you have broken these terms. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use CEST:
- You must stop all activities authorised by these terms, including your use of CEST.
- You must immediately destroy all copies of CEST which you have and confirm to us that you have done this.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.