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Published: Saturday, 09 July 2011 14:00

Written by Stephen Van Russelt

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INTRODUCTION

This Code of Conduct and Terms of Use (collectively referred to as the “Code”) will apply to each subscriber who wishes to use the GDPUK Website (the “Website”) and/or participate in its discussion groups (“Subscriber”)

Each Subscriber must comply and adhere to this Code in order to access and use the Website or participate in any discussion group on the Website which contains detailed information on Subscribers’ goods, services, skills, resources, requirements, opportunities, opinions, etc

 In order to use and participate in this Website, all Subscribers must accept this Code by clicking the “I agree to these terms” button at the end of this document when creating an account. Upon such acceptance, each Subscriber will be given a unique logon ID for participation in discussion groups which will, for the purpose of security, be monitored and tracked by the Administrator

“Group” shall mean all Subscribers of the Website as a group and any of them as the case may be

CODE OF CONDUCT & TERMS OF USE

1. Basic Requirements


1.1 Each subscriber and any material which he/she posts onto the Website or to its discussion groups (“Material”) must comply with the following basic standards: 

(a) All information and activities must be legal, decent and honest (in terms of the Subscriber’s applicable English law and standards);

(b) Data protection legislation within English Law must be adhered to in order that the collection of personal information is not traded or disclosed illegally; 

(c) Distance selling requirements must be complied with as laid down in the Subscriber’s applicable English law;

(d) Other applicable trading standards and laws and regulations as the same are created from time to time and notified to Subscribers direct and on this Website. 

1.2 Opinions expressed in this Group are those of the author and are the sole responsibility of the author. They do not necessarily reflect those of anyone else associated with the Group

2. Specific Responsibilities of Subscribers

(a) Each Subscriber is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
 
(b) Each Subscriber is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use. As traffic on this Website and in the discussion groups is monitored, evidence of use of logon ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.

(c) Where the Subscribers collaborate with one another as a result of use of this Website or the discussion groups, they do so as independent contracting parties. Subscribers acknowledge that the Website Owner will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration. Further, it is for Subscribers to ensure that any such dealings or contracts comply with the Sale of Goods Act 1979, Sale of Goods (Implied Terms) Act 1973 and the consumer Protection (Distance Selling) Regulations 2000 and the Consumer Protection (Distance Selling) (Amendment) Regulations 2005 and any other regulations or statutes or other applicable law whatsoever.

(d) Subscribers must also follow the rules of the Website which are updated from time to time and are available at https://www.gdpuk.com/forum/posting-rules

3. Responsibilities of the Website Owner

(a) The Website Owner will check the identity of Subscribers before a logon ID is given for any Subscriber participating in discussion groups on the Website. At the annual renewal of the Subscribers the Website Owner will reconfirm that each logon ID remains associated with a current Subscriber

(b) The Website Owner will manage and oversee the Website and discussion group and will appoint an “Administrator” for such purpose. This appointee will also be responsible for administering the Complaints and Sanctions Procedure specified in Section 4 below

4. Complaints and Sanctions Procedure

(a) The Website discussion group is a self-regulatory facility for Subscribers only and any complaint by a Subscriber will, in the first instance, be referred to the Website Administrator who shall have all the powers of an arbiter

(b) The Website Administrator will deal with complains within 14 days of receipt and, where necessary, call upon evidence of the applicable Subscribers in dispute. 

(c) Sanctions available to the Administrator will include the following:

(i) expelling the guilty Subscriber;

(ii) referring the matter to the appropriate law enforcement agency where the dispute is of a criminal or illegal nature;
 
(iii) referring the matter to a court of competent jurisdiction if the dispute necessitates the same (e.g. requires an interdict/injunction, seizure or similar judicial measure).

5. Indemnity and Waiver

(a) Each Subscriber agrees to indemnify and keep indemnified the Website Owner, their successors and assigns and each of their respective directors, officers, employees and agents (collectively “Website Owner”) from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on this Website, to its discussion groups or from any other matter relating to it participation herein including but not limited to use of the information contained on the Website, from discussion groups or arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website

(b) Each Subscriber waives any right to bring any claim or action against the Website Owners for any loss, damage or injury arising from use of the Website or any Material from the Website or from this Code

6. Exclusion of Warranties and Liability

(a) The Website Owners do not warrant the content, accuracy or veracity of any Material or other information on the Website, the responsibility for which rests with search of the Subscribers as specified in Section 2 above

(b) Each Subscriber accepts the Webiste “AS IS” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement

(c) In no event will the Website Owners be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber’s access to, or use of the Website, any Material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise even if any Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but the liability may be lawfully limited, the Website Owners’ aggregate total liability to any Subscriber for all Subscriber suffering loss during the twelve months preceding the event giving rise to liability

7. Confidentiality

The Website Owner and Subscribers may from time to time impart to the other certain confidential information about themselves and each party hereby agrees that it will not disclose such confidential information whether directly or indirectly to any third party . The foregoing obligation as to confidentiality shall not apply to information which has entered the public domain other than by breach of this provision by one of the parties hereto.

7.1 Patient Information and Confidentiality

GDC Standards document effective 30th September 2013 states:

If you use professional social media to discuss anonymised cases for the purpose of discussing best practice you must be careful that the patient or patients cannot be identified.

8. Intellectual Property Rights

 
Each subscriber must acknowledge that GDPUK Ltd owns all right, title and interest in and to GDPUK Forum, including all intellectual property rights. GDPUK Forum and website are protected by U.K. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from GDPUK Forum and website. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any Content from GDPUK Forum and website. As described immediately below, GDPUK copyright does not include third-party Content used as part of GDPUK Forum, including the Content appearing on GDPUK Forum.

Subscriber's Intellectual Property Rights. GDPUK Ltd claims no ownership or control over any Content submitted, posted or displayed by you on or through GDPUK Forum. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through GDPUK and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through GDPUK which are intended to be available to the members of the public and other GDPUK registered members, you grant GDPUK Ltd a worldwide, non-exclusive, royalty-free license to reproduce, publish, modify, and distribute such Content for the purpose of displaying and distributing GDPUK products and services. GDPUK Ltd furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted by you.

9. Term and Termination

Each Subscriber agrees to remain bound by this Code (as amended from time to time) for as long as they remain a Subscriber of the Website and wishes to use the Website unless the Website Owner or the Website Administrator earlier terminates, suspends or otherwise limits access to the Website and/or discussion group in accordance with Section 4 above or as it otherwise deems is appropriate.

10. Applicable Law

Each subscriber agrees that this Code and any dispute arising in any way in relation to the Website will be governed by and construed in accordance with the applicable laws of England and Wales

11. General

(a) In the event that any provision in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the Applicable Law

(b) This Code represents the entire agreement between Subscriber and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.

This document is Copyright GDPUK Ltd 2008-2018