Terms & Conditions and Privacy Notice for e-lfh.org.uk
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM. YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 14 (OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU) AND CLAUSE 15 (INDEMNITIES).
1. THE PLATFORM
1.2 Each Platform is a collection of online learning (elearning) and educational resources (Content) which is:
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 any 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 Platforms are operated by NHS England (we, us, our, NHSE) via our Technology Enhanced Learning (TEL) programme. We are a Non-Departmental Public Body under the provisions of the Care Act 2014 and are responsible for the education, training and personnel development of the healthcare workforce for England. Our head offices are situated at NHS England London, Wellington house, 133-135 Waterloo Rd, London, SE1 8UG.
2.2 To contact us about any matter relating to a Platform, please contact us as follows:
2.3 If you find Content or links that you think should not be on a Platform or have any other feedback or concerns about the Content or functionality of a Platform, please report it to us as follows:
3. THESE TERMS
3.1 By using any Platform, you confirm that you accept these Terms insofar as they apply to that Platform and that you agree to comply with them. If you do not agree to these Terms insofar as they apply to any Platform, you must not use that Platform.
3.2 These Terms incorporate the following which also apply to your use of any Platform:
3.3 We may amend these Terms from time to time without notice. Any change will be effective in respect of a Platform immediately upon the revised Terms being posted on that Platform. Every time you wish to use a Platform, please check these Terms to ensure you understand the Terms that apply at that time. 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 23 Nov 2023.
4. ACCESS TO A PLATFORM
4.1 This clause 4 sets out the circumstances in which you may be granted a user account for access to a Platform (Account).
4.2 Access to elfh Hub is permitted in accordance with the following provisions:
4.3 Access to the DLS is permitted in accordance with the following provisions:
4.4 Access to the Learning Hub is permitted in accordance with the following provisions:
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 A PLATFORM
6.1 You may only use a Platform in accordance with our Acceptable Use Policy.
6.2 The Platforms and their Content are only targeted to, and intended for use by, people residing in the United Kingdom or British Overseas Territories (Permitted Territories). We do not represent that Content available on or through any Platform is appropriate for use or available in other locations. By continuing to access, view or make use of a Platform, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of the Platforms.
6.3 Save in respect of elfh Hub and Content on the Learning Hub, the Platforms and Content are provided 'as is'. We make no representation or endorsement of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy of the Content.
6.4 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.
7. UPLOADING CONTENT TO A 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 (as defined in paragraph 4 of our Acceptable Use Policy).
7.2 By uploading a Contribution to a Platform, you:
7.3 A Centre shall:
7.4 In respect of the Learning Hub, when you submit a Contribution to the Platform, you must select the appropriate license in accordance with the guidance provided at https://support.learninghub.nhs.uk/support/solutions/articles/80000986606-which-licence-should-i-select-when-contributing-a-resource-to-the-learning-hub-. Whichever license you select, you grant the following rights in relation to that Contribution:
7.5 You are solely responsible for securing and backing up your Contributions.
7.6 We take no responsibility for and do not review nor expressly or implicitly endorse Contributions. Without prejudice to the foregoing, we do not endorse any Content or any link to any Content:
7.7 We have the right to take action, as set out in paragraph 10 of our Acceptable Use Policy, including but not limited to removal of any Contribution, if, in our opinion, a Contribution does not comply with our Acceptable Use Policy.
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 and has not been verified or approved by us. We assume no responsibility for any Third Party Content and do not endorse any Content or any link to any Content, including but not limited to Content of any type listed in clause 7.6 above. The appearance of Third Party Content on a Platform should not be interpreted as approval by us of those links or information you may obtain from such Third Party 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, A 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 a Platform at their own risk.
9.2 We reserve the right to modify, suspend or discontinue a 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 a 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 a 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 a Platform will be uninterrupted or error free, that defects will be corrected, or that a Platform or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of any materials provided on a Platform.
9.5 Access to a 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.
10. ACCESS VIA CENTRE (DLS ONLY)
10.1 Where you are a Centre that provides access for your staff (Delegates) to a Platform, then:
10.2 We provide Platform support to Centres Monday to Friday 9am to 5pm excluding English bank holidays. A reduced service is provided over each Christmas holiday period and we will notify Centres of this in advance. We do not provide direct support to Delegates.
10.3 We will have full, unrestricted access to Content to enable support to be carried out in a speedy and efficient manner.
10.4 We undertake to respond to support tickets issued by Centres within 2 (two) working days, with one of the following responses:
10.5 If a 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. The Data will be transferred securely and with send and receive receipts.
10.6 Where you are a Delegate, in the event that your Centre ceases to have access to a Platform, your access to a Platform may become limited or cease.
11. WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that a Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes to access a Platform. You should use your own virus protection software.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
13. INTELLECTUAL PROPERTY
13.1 Without prejudice to clauses 7.3 and 7.4, we are the owner or the licensee of all intellectual property rights in a Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 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.
13.3 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.
13.4 You may not use any names, images and logos identifying a Platform (Marks) without prior approval. If you wish to use any of the Marks, please contact us using the details provided in clause 2.2, stating which Marks you wish to use and how and why you wish to use the Marks. Please include your name, address, telephone number, fax number and email address.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 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.
14.2 We exclude all implied conditions, warranties, representations or other terms that may apply to a 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.
14.3 To the maximum extent allowed by law, we exclude all liability arising from:
14.4 Although we may from time to time monitor or review discussions, chat, postings, transmissions, bulletin boards and other communications media on a 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 a Platform.
14.5 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 a Platform.
14.6 We assume no responsibility for any Third Party Content.
14.7 We neither warrant nor guarantee that:
14.8 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 a Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
14.9 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, a Platform or in reliance on any Content, including (but not limited) to in relation to:
15.1 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 a Platform, including (without limitation) in respect of any breach of these Terms to the fullest extent permitted by law.
15.2 Without prejudice to clause 15.1, you retain responsibility for Contributions in all respects and agree to indemnify and hold harmless and continue to indemnify us and hold us harmless in all respects and in relation to all matters in respect of Contributions, including in respect of breach of the warranties given under clause 7.2, to the fullest extent permitted by law.
16. SUSPENSION AND DEACTIVATION OF YOUR ACCOUNT
16.1 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 a 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 a Platform shall (without prejudice to any of our rights and remedies) terminate immediately.
16.2 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.
17.1 Transfer of these Terms: We may transfer our rights and obligations under these Terms to another organisation, including but not limited to NHS England. 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.
17.6 Disclaimer: NHS England takes no responsibility for and does not endorse any content or any link to content uploaded to the platform which is created for advertising, promotional or other commercial purposes, requires a subscription or payment, promotes a business name and/or logo, or contains a link to an app via iOS or Google Play on which the user has a commercial interest.
Terms & Conditions and Privacy Notice for e-lfh.org.uk
The text here forms part of the terms and conditions of use that every e-LfH user must accept before getting access to the e-LfH Hub. e-LfH has also made this text publicly available on the e-LfH web site in the interests of transparency, as recommended in the Data Protection Act (1998).
If you have any queries about any aspect of these terms and conditions, please contact firstname.lastname@example.org.
e-lfh.org.uk is a collection of online resources provided as part of the Health Education England elearning for healthcare programme and is maintained for your personal use and viewing. Use of this resource is dependent on acceptance of these Terms & Conditions.
You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
What information does e-LfH hold?
e-LfH captures certain information on each user as part of the registration process. This data enables the creation of an accurate user profile, which is necessary for reporting purposes and to offer users learning that is relevant to their needs. The data that is stored is limited to information relating to users' work, such as their job role, place of work or membership number for a professional body (e.g. General Medical Council number). We will never ask for your home address or any other domestic information.
When accessing the e-LfH Hub, you will be asked to set up some security questions, which may contain personal information. These questions are solely intended to enable users to log in if they forget their password and will never be used for any other purpose. The answers that users submit when setting up these security questions are encrypted in the database so that no-one can view what has been entered, not even e-LfH administrators.
e-LfH also store a record of all learning activity by all users on e-lfh.org.uk, including posts on forums or other communication media, and all enquires to the e-LfH Service Desk.
How does e-LfH process the information we hold?
Information collected by e-LfH is solely processed to deliver of online learning and to store and report on users' learning activity. It will never be sold for financial gain or shared with other organisations for commercial purposes.
Examples of how e-LfH might use the data held include but are not limited to the following:
- For internal review.
- Customising the content and/or layout of e-lfh.org.uk.
- Notifying users about updates to e-lfh.org.uk.
- Contacting users for e-LfH's marketing purposes.
- Gathering feedback or input on the service, content or layout of e-lfh.org.uk.
- Giving users access to their own learning history.
- Transferring users' learning activity records to e-Portfolio providers to give users a single record of all online and offline learning. This would require users' explicit approval as part of the process to establish the link between the two systems.
- Transferring users' learning activity records for specific programmes to other organisations involved in medical training in the healthcare arena. These organisations include professional bodies that a particular user is a member of, such as a medical royal college or foundation school; or employing organisations, such as trusts. The list of programmes included is available to download in pdf format.
- Making users' learning activity records visible to specific named individuals, such as tutors, to allow tutors to view their trainees' activity. A user would have to give their explicit approval to authorise another user to view their records.
- Providing anonymous summary data to partner organisations, such as professional Bodies; or local organisations, such as Strategic Health Authorities or Trusts.
Who can see users' data?
e-LfH administrators and other approved people working within e-LfH have access to users' training records and user profiles. This may include our suppliers but such organisations will be asked to sign Non-Disclosure Agreements and will never be allowed to use the information for commercial purposes.
For more information on cookies, please see the Information Commissioner's Office (ICO) web site.
The majority of cookies on e-lfh.org.uk are used to keep track of a user's input when filling in online forms, known as session-id cookies, which are exempt from needing consent as they are deemed essential for using the site. We also use a cookie to remember usernames if the user checks the 'Remember me' box on the log in page.
Linking to e-lfh.org.uk
Please let us know if you wish to link directly to pages on e-lfh.org.uk by emailing email@example.com. We do not object to you linking directly to the information that is hosted on our site. We do not permit our pages to be loaded into frames on your site; e-lfh.org.uk pages must load into the user's entire window.
e-LfH reserves the right to move or change its web site URLs at any time in order to meet changing business needs and to continually improve its online service. External web sites link to the e-LfH web site at their own risk. We do not encourage deep linking but recommend linking to section homepages, which are less likely to move or change.
All intellectual property rights relating to the online learning resources remain with e-LfH or its partners. Users have no rights other than to access the learning resources for the purpose of personal study. No modification of any kind is to be attempted to be made to the learning resources. No downloading or copying of any content to electronic or photographic media is allowed. Limited printing of pages of the learning resources is authorised only to the extent reasonably required by you to aid personal study. No part of the learning resources can be reproduced by any means or under any format other than as a reasonable aid to your personal study. You accept liability for any losses suffered by e-LfH arising from your breach, or attempted breach, of its intellectual property rights.
The names, images and logos identifying e-lfh.org.uk and its projects are proprietary marks of e-LfH. If you wish to copy or use the e-LfH logo, you must get prior approval from e-LfH by emailing firstname.lastname@example.org.
Tell us how and why you wish to use our logos. Please include your contact details: name, address, telephone number, fax number and email.
The e-lfh.org.uk web site and material relating to Government information, products and services (or to third party information, products and services), is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
We do not warrant that the functions contained in the material on this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.
In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of e-lfh.org.uk.
Although we may from time to time monitor or review discussions, chat, postings, transmissions, bulletin boards and other communications media on e-lfh.org.uk, 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 e-lfh.org.uk.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Links to external web sites
Links contained in e-lfh.org.uk will lead to other web sites which are not under our control. We are not responsible for the content of any linked site. Listing and linking should not be taken as an endorsement of any kind and we accept no liability in respect of the content. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.
The purpose of this policy is to ensure that people who communicate with e-LfH understand the way in which electronic mail (email) should be used. Its aim is to ensure that email is used effectively for its intended purpose without infringing legal requirements or creating unnecessary business risk.
The statement below applies to all incoming and outgoing email messages to or from e-LfH:
"This email and any files transmitted with it are confidential. If you are not the intended recipient, any reading, printing, storage, disclosure, copying or any other action taken in respect of this email is prohibited and may be unlawful. If you are not the intended recipient, please notify the sender immediately by using the reply function and then permanently delete what you have received.
Internet email is not a secure medium. Emails sent via the Internet could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material to e-LfH.
You have a responsibility to ensure laws are not broken when composing or forwarding emails and their contents.
Attachments to email messages may contain viruses that may damage your system. Whilst e-LfH has taken every reasonable precaution to minimise this risk, we cannot accept any liability for any damage which you sustain as a result of these factors. You are advised to carry out your own virus checks before opening any attachment."
We make every effort to check and test material at all stages of production. It is always wise for you to run an anti-virus program on all material downloaded from the Internet.
We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this web site.
Updated July 2015
We may at any time revise these terms and conditions. If this happens, you will be asked to accept the new terms and conditions the next time you log in to the e-LfH Hub. If you do not accept the new terms and conditions, you will not be able to continue using e-lfh.org.uk.