Consumer Terms and Conditions
1. UNDERSTANDING THESE TERMS OF USE
1.1 These terms of use (the "Terms") describe how you may access and use the Safe People Registry. By accepting these Terms as part of the Account registration process, you acknowledge and agree to these Terms. If you do not agree to any of these Terms you must not use the Safe People Registry.
1.2 When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms (or in the section above “PART 1 – BUSINESS USERS”) where it was defined. You can find these meanings by looking at the sentence where the defined term is included in bold and speech marks.
1.3 These Terms cover access to and use of the Safe People Registry by users acting on behalf of themselves as Consumers in order to access sensitive data on TREs or SDEs for research purposes (a “Researcher”).
1.4 When we refer to a “Data Custodian”, we mean a user acting as a delegate on behalf of organisations that manage a TRE or SDE in order to set rules to validate whether a Researcher meets the criteria to access the TRE or SDE that the Data Custodian manages.
1.5 In these Terms, when we refer to "you" or "your," we mean you, the person accessing or using the Safe People Registry as a Researcher.
1.6 We will only use your personal data through the Safe People Registry in accordance with our privacy policy (available https://safepeopleregistry.org/en/privacy-policy).
2. USE OF THE SAFE PEOPLE REGISTRY BY RESEARCHERS
2.1 Provided you comply with these Terms, you may access and use the Safe People Registry for the following purposes:
2.1.1 to populate data fields in Safe People Registry profile such as data in relation to your identity, your affiliations, your experience, your training and your location;
2.1.2 to view the data that you have provided in your Account;
2.1.3 to request that research organisations add you as an affiliate;
2.1.4 to view any data access decisions made by Data Custodians in your Account based on the data that you have provided; and
2.1.5 to view projects you have been associated with by a Data Custodian,
(collectively, the “Researcher Permitted Purpose”).
2.2 We grant you a non-exclusive, non-transferable, right (without the right to grant sub-licences) to use and access the Safe People Registry solely for the Researcher Permitted Purpose.
3. YOUR ACCOUNT AND PASSWORD
3.1 You will need to register an account with us on the Safe People Registry in order to access the services available on the Safe People Registry (“Account”).
3.2 In order to register an Account, you must be aged 18 or over. You will be asked to provide certain information (such as your name and e-mail address) and create a password. You must treat the password (and any unique identification code provided as part of account registration) as confidential and you must not disclose it to any third party.
3.3 You agree that:
3.3.1 you must not allow anyone else to use your Account password or Account login details;
3.3.2 all the information that you provide to us in connection with your Account is complete and accurate;
3.3.3 you are the person whose details you have provided;
3.3.4 you will take all reasonable steps to keep your Account secure and to prevent any fraudulent use of it; and
3.3.5 you will notify us immediately if there are any changes to the information you have provided to us.
3.4 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.5 If you know or suspect that anyone other than you knows your Account login details and/or password, or you become aware of any transactions on your Account which have not been validly authorised, you must immediately notify us at dataprotection@hdruk.ac.uk.
3.6 You are responsible for any unauthorised use of your Account.
4. ACCEPTABLE USE
4.1 You agree not to:
4.1.1 use the Safe People Registry in any way that breaches these Terms or any applicable law or regulation;
4.1.2 copy, modify or otherwise reproduce or re-sell any part of the Safe People Registry; or
4.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Safe People Registry or any equipment, network or software used in operating the Safe People Registry.
4.2 You must ensure that the data you supply to the Safe People Registry must comply with the following rules:
4.2.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
4.2.2 it must not harass or bully another person;
4.2.3 it must be complete, accurate, true and honest (so far as you know);
4.2.4 it must not be defamatory of anyone;
4.2.5 it must not infringe the rights or privacy of anyone else;
4.2.6 it must not contain someone else’s personal details or confidential information relating to other people; and
4.2.7 it must not promote or condone terrorism, violence or illegal behaviour.
4.3 We reserve the right to refuse to accept or cease to use any Input Data (as defined below) supplied by you that we consider contravenes these Terms.
4.4 You must not misuse the Safe People Registry by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Safe People Registry, the server on which the Safe People Registry is stored or any server, computer or database connected to the Safe People Registry.
5. INTELLECTUAL PROPERTY
5.1 In these terms “Intellectual Property Rights” means: (a) patents, inventions, designs, copyright and related rights, database rights, trade-marks, service marks and trade names (whether registered or unregistered), and rights to apply for registration; (b) proprietary rights in domain names; (c) knowhow and confidential information; (d) applications, extensions and renewals in relation to any of these rights; and (e) all other rights of a similar nature or having an equivalent effect which currently exist anywhere in the world.
5.2 Save for Input Data (for which clause 6 below shall apply), we are the owner or licensee of all Intellectual Property Rights in the Safe People Registry and its content. Except as expressly permitted herein, these Terms do not grant you any rights to, or in, any Intellectual Property Rights in respect of the Safe People Registry.
6. INPUT DATA
6.1 In these Terms, “Input Data” means any data that you input into the Safe People Registry.
6.2 You will retain all rights, title and interest in and to all of your Input Data, subject to any pre-existing rights that third parties may have in its content. You shall at all times have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Input Data and for ensuring that its use does not infringe the rights of any third parties. If your Input Data contains material and/or content owned or generated by a third party, you should ensure that you have all the necessary licences, permissions and/or consents from that third party to use such material and/or before inputting such Input Data into the Safe People Registry.
6.3 You grant us a non-exclusive, irrevocable, royalty-free, sub-licensable, fully paid up, perpetual and worldwide licence to access, use, copy, distribute and prepare derivative works of your Input Data for the purposes of providing the Safe People Registry.
6.4 You confirm that use of the Input Data in accordance with these Terms will not:
6.4.1 breach any laws, statutes or regulations;
6.4.2 infringe the Intellectual Property Rights or other legal rights of any person; or
6.4.3 give rise to any cause of action against us, in each case in any jurisdiction and under any applicable law.
6.5 In the event of any loss or damage to Input Data, we will use reasonable commercial endeavours to restore the lost or damaged Input Data from the latest back-up of such Input Data (where such back-ups are made by us). This will be your sole and exclusive remedy. We shall not be responsible for any loss, destruction, alteration or disclosure of Input Data caused by you or any third party (except those third parties sub-contracted by us to perform services, in which case our liability shall be subject to the limitations and exclusions set out in clause 7).
7. OUR LIABILITY
7.1 Nothing in these Terms excludes or limits our liability for:
7.1.1 death or personal injury caused by our negligence;
7.1.2 fraud or fraudulent misrepresentation; and
7.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
7.2 Save as set out in clause 7.1:
7.2.1 if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time of contract entry;
7.2.2 we only supply the Safe People Registry to you for domestic and private use. You agree not to use the Safe People Registry for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and
7.2.3 our maximum liability to you under these Terms is limited to £500.
8. USE OF THE SAFE PEOPLE REGISTRY
8.1 The Safe People Registry is provided to you free of charge. We do not guarantee that the Safe People Registry, or any content on it, will always be available, will be uninterrupted or error-free, or that defects will be corrected. Access to the Safe People Registry is permitted on a temporary basis. We may suspend, withdraw or discontinue all or any part of the Safe People Registry without notice. We will not be liable to you if for any reason the Safe People Registry is unavailable at any time or for any period. We may update the Safe People Registry and/or change the content on it at any time following reasonable prior notice to you.
8.2 The Safe People Registry may contain inaccuracies or typographical errors. To the fullest extent permitted by applicable law, we make no promises, guarantees or representations about the reliability, availability, timeliness or accuracy of the content included on the Safe People Registry and are not liable for and take no responsibility for any content or data uploaded by Users to the Safe People Registry.
8.3 Nothing in these Terms affects your statutory rights as a Consumer.
8.4 We do not guarantee, promise or make any representation regarding the use or the results of the use of the Safe People Registry in terms of their correctness, accuracy, reliability, or otherwise. We will not be responsible for any decisions taken by a Data Custodian in relation to providing you access to data and shall not be held liable in the event any data provided to the Safe People Registry is inaccurate or access has been wrongly granted to you. For clarity, we do not make any recommendations or decisions for Data Custodians.
8.5 We will not be responsible for any loss or damage resulting from any machine, system, communications or power failure, technical breakdown, industrial dispute or other events or circumstances beyond our reasonable control leading to the total or partial unavailability of the Safe People Registry.
8.6 You are responsible for making all arrangements necessary for you to have access to the Safe People Registry.
8.7 We do not guarantee that the Safe People Registry will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes in order to access the Safe People Registry and we recommend that you use your own virus protection software. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to or use of the Safe People Registry.
9. SUSPENSION AND TERMINATION
9.1 Your use of the Safe People Registry may, wholly or partly, be suspended if:
9.1.1 we have concerns about the security of the Safe People Registry;
9.1.2 we suspect your use of the Safe People Registry has been fraudulent or is being conducted in an unauthorised way; or
9.1.3 we are required by law or regulation to do so.
We will not be liable to you for the unavailability of the Safe People Registry during such suspension.
9.2 If you breach any of these Terms, we may immediately do any or all of the following:
9.2.1 issue a warning to you;
9.2.2 temporarily or permanently remove any Input Data uploaded by you to Safe People Registry;
9.2.3 temporarily or permanently withdraw your right to use Safe People Registry;
9.2.4 suspend or terminate your Account;
9.2.5 take any necessary legal action against you; and/or
9.2.6 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
9.3 We may terminate the operation of the Safe People Registry at any time on written notice.
10. CHANGES TO THESE TERMS
10.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). We will provide you with reasonable notice of such changes. If you do not wish to continue using the Safe People Registry following the changes to the Terms, you can cancel your agreement to these Terms by cancelling your Account and/or ceasing to use the Safe People Registry.
11. THIRD PARTY CONTENT
11.1 The Safe People Registry may contain links to other websites which are not maintained by HDR UK. We assume no responsibility for the content of websites linked to and from the Safe People Registry or the services provided through such websites (including identify verification services). We cannot guarantee that the links set out on our website will be accurate at the time of your access. Moreover, the sites pointed at by links have been independently developed and possibly maintained by person(s) over whom we have no control. We will not be liable for any loss or damage that may arise from your use of them.
12. OTHER IMPORTANT INFORMATION
12.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
12.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.3 You may not assign, subcontract or otherwise transfer or dispose of any of your rights or obligations under these Terms without our prior written consent. We may freely assign, subcontract or otherwise transfer or dispose of any of our rights or obligations under these Terms in which case:
12.3.1 we will provide you with reasonable notice of such transfer; and
12.3.2 if you do not wish to be transferred, you must cancel your agreement to these Terms by cancelling your Account and/or ceasing to use the Safe People Registry prior to transfer.
12.4 Nothing in these Terms shall create or be deemed to create a partnership between you and us.
12.5 Save as expressly set out in these Terms, a person who is not a party to these Terms has no right to enforce any part of these Terms.
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms are governed by English law. This means that your access to and use of the Safe People Registry, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
13.2 You may bring any dispute which may arise under these Terms to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK, which courts are (with the exclusion of any other court) competent to settle any such a dispute.
13.3 We will bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is within the UK or otherwise the competent court of England.
13.4 If we direct the Safe People Registry to (and/or pursue our commercial or professional activities in relation to the Safe People Registry in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 13.1, affects your rights as a Consumer to rely on such mandatory provisions of local law.
14. CONTACTING US
14.1 The Safe People Registry Helpdesk is available from 09.00 to 17.00 on business days.
14.2 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future.
14.3 You can contact us by clicking here or by using the following details:
Email address: support@soursd.org
Business Terms and Conditions
1. UNDERSTANDING THESE TERMS OF USE
1.1 These terms of use (the “Terms”) ddescribe how you may access and use the Safe People Registry. By accepting these Terms as part of the Account (defined below) registration process, you acknowledge and agree to these Terms. If you do not agree to any of these Terms, you must not use the Safe People Registry.
1.2 These Terms cover access to and use of the Safe People Registry by users (“Users”) acting:
1.2.1 on behalf of themselves in order to access sensitive data on TREs or SDEs for research purposes (a “Researcher”);
1.2.2 as a delegate on behalf of a university, research institute, commercial organisation or administrative body in order to affiliate Researchers (in which case such organisation will be a “Research Organisation”); and
1.2.3 acting as a delegate on behalf of organisations that manage a TRE or SDE in order to set rules to validate whether a Researcher or Research Organisation meets the criteria to access the TRE or SDE that you manage (in which case such organisation will be a “Data Custodian”).
1.3 In these Terms, when we refer to "you" or "your," we mean:
1.3.1 you, the person accessing or using the Safe People Registry as a User; and
1.3.2 where applicable, the Research Organisation or Data Custodian on whose behalf you are accessing the Safe People Registry.
1.4 If you are acting on behalf of a Research Organisation or Data Custodian when you access and use the Safe People Registry, you represent and warrant that:
1.4.1 you have full legal authority to bind such Research Organisation or Data Custodian (as applicable); and
1.4.2 you agree to these Terms on behalf of the Research Organisation or Data Custodian (as applicable) that you represent.
1.5 We will only use your personal data through the Safe People Registry in accordance with our privacy policy (available https://safepeopleregistry.org/en/privacy-policy).
1.6 Where you are acting on behalf of a Research Organisation or Data Custodian, you agree that HDR UK and the Research Organisation and/or Data Custodian are independent controllers for the processing of personal data associated with the Safe People Registry and that HDR UK and the applicable Research Organisation/Data Custodian will comply with applicable data protection legislation such as the UK GDPR.
2. USE OF THE SAFE PEOPLE REGISTRY BY RESEARCHERS
2.1 If you are a Researcher, then this clause 2 will apply to you (and clauses 3 and 4 will not apply to you).
2.2 Subject to these Terms, you may access and use the Safe People Registry for the following purposes:
2.2.1 to populate data fields in your Safe People Registry profile such as data in relation to your identity, your affiliations, your experience, your training and your location;
2.2.2 to view the data that you have provided in your Account;
2.2.3 to request that Research Organisations add you as an affiliate;
2.2.4 to view any validation decisions made by Data Custodians in your Account based on the data that you have provided; and
2.2.5 to view projects you have been associated with by a Data Custodian,
(collectively, the “Researcher Permitted Purpose”).
2.3 We grant you a non-exclusive, non-transferable, right (without the right to grant sub-licences) to use and access the Safe People Registry solely for the Researcher Permitted Purpose.
2.4 Where you are based outside of the UK or EEA in a country that has not been recognised by the UK government as providing an adequate level of protection for personal data, then you consent to HDR UK transferring your personal data to the relevant Research Organisation for them to verify your association with them and for the Research Organisation to review its affiliated Users and projects.
3. USE OF THE SAFE PEOPLE REGISTRY BY RESEARCH ORGANISATIONS
3.1 If you are a Research Organisation (or a User acting on behalf of a Research Organisation), then this clause 3 will apply to you (and clauses 2 and 4 will not apply to you).
3.2 Subject to these Terms, you may access and use the Safe People Registry for the following purposes:
3.2.1 to populate data fields in your Safe People Registry profile such as data in relation to your organisation’s name and address, your organisation identifiers, your data security compliance, details of your nominated Senior Responsible Officer (“SRO”) and any of your authorised delegates;
3.2.2 to view the data that you have provided in your Account;
3.2.3 to invite Researchers to set up Accounts;
3.2.4 to view any data access decisions made by Data Custodians based on the data that you have provided in your Account;
3.2.5 to view, copy, download and export a list of your affiliated Researchers; and
3.2.6 to view, copy, download and export Researchers and projects associated with your Research Organisation by a Data Custodian,
(collectively, the “Research Organisation Permitted Purpose”).
3.3 We grant you a non-exclusive, non-transferable, right (without the right to grant sub-licences) to use and access the Safe People Registry solely for the Research Organisation Permitted Purpose.
3.4 As a Research Organisation, you shall identify an SRO who will be responsible for your Account and nominating various authorised delegates. Each SRO shall follow the SRO Declaration process as set out in the Safe People Registry in order for their Account to be verified and made active.
4. USE OF THE SAFE PEOPLE REGISTRY BY DATA CUSTODIANS
4.1 If you are a Data Custodian (or a User acting on behalf of a Data Custodian), then this clause 4 will apply to you (and clauses 2 and 3 will not apply to you).
4.2 Subject to these Terms, you may access and use the Safe People Registry for the following purposes:
4.2.1 to populate data fields in Safe People Registry profile such as data in relation to your Data Custodian, your authorised administrators and your ‘approvers’. An ‘approver’ is an individual who records any decisions made regarding the Researcher’s or Organisation’s ‘safety’ (as defined in the Five Safes Framework) and access to specific projects;
4.2.2 to configure automated flags in relation to the criteria for accessing your TRE or SDE (as applicable);
4.2.3 to configure manual checks to assess properties of Researcher and Research Organisation profiles against TRE or SDE user validation policies;
4.2.4 to populate details about specific projects;
4.2.5 to view, analyse, copy, download and export data inputted into the Safe People Registry by Researchers and Research Organisations;
4.2.6 to assess the ‘safety’ of Researchers and Research Organisations (as defined in the Five Safes Framework);
4.2.7 to notify Researchers and Research Organisations when they have been validated or added to a project;
4.2.8 to populate your Data Use Register if you have an account to the Health Data Research Gateway, subject to you having opted to utilise this functionality; and
4.2.9 to allow Researchers to sign into your TRE or SRE with their Safe People Registry Account log-in details or digital identifiers,
(collectively, the “Data Custodian Permitted Purpose”).
4.3 We grant you a non-exclusive, non-transferable, right (without the right to grant sub-licences) to use and access the Safe People Registry solely for the Data Custodian Permitted Purpose.
4.4 As a Data Custodian, you shall identify a main contact who is responsible for your Account and for nominating administrators and approvers. An ‘approver’ is an individual who records any decisions made regarding the Researcher’s ‘safety’ (as defined in the Five Safes Framework) and access to specific projects.
4.5 You represent and warrant that:
4.5.1 you are accredited under one of the following:
4.5.2 you are an SDE within the NSH SDE Network; or
4.5.3 your TRE or SDE meets all the mandatory controls listed in the Standard Architecture for Trusted Research Environments (SATRE) available at: https://satre-specification.readthedocs.io/en/stable/.
5. YOUR ACCOUNT AND PASSWORD
5.1 You will need to register an account with us on Safe People Registry in order to access the services available on Safe People Registry (“Account”).
5.2 In order to register an Account, you must be aged 18 or over. You will be asked to provide certain information (such as your name and e-mail address) and create a password. You must treat the password (and any unique identification code provided as part of account registration) as confidential and you must not disclose it to any third party.
5.3 You agree that:
5.3.1 you must not allow anyone else to use your Account password or Account login details;
5.3.2 all the information that you provide to us in connection with your Account is complete and accurate;
5.3.3 you are the person whose details you have provided;
5.3.4 you will take all reasonable steps to keep your Account secure and to prevent any fraudulent use of it; and
5.3.5 you will notify us immediately if there are any changes to the information you have provided to us.
5.4 We have the right to disable any Accounts and/or passwords at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
5.5 If you know or suspect that anyone other than you knows your Account login details and/or password, or you become aware of any transactions on your Account which have not been validly authorised, you must immediately notify us at dataprotection@hdruk.ac.uk.
5.6 You are responsible for any unauthorised use of your Account.
6. ACCEPTABLE USE
6.1 You agree not to:
6.1.1 use the Safe People Registry in any way that breaches these Terms or any applicable law or regulation;
6.1.2 use the Safe People Registry for the purpose of making hiring decisions;
6.1.3 copy, modify or otherwise reproduce or re-sell any part of the Safe People Registry; or
6.1.4 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Safe People Registry or any equipment, network or software used in operating the Safe People Registry.
6.2 You must ensure that the data you supply to the Safe People Registry complies with the following rules:
6.2.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
6.2.2 it must not harass or bully another person;
6.2.3 it must be complete, accurate, true and honest (so far as you know);
6.2.4 it must not be defamatory of anyone;
6.2.5 it must not infringe the rights or privacy of anyone else;
6.2.6 it must not contain someone else’s personal details or confidential information relating to other people; and
6.2.7 it must not promote or condone terrorism, violence or illegal behaviour.
6.3 We reserve the right to refuse to accept or cease to use any Input Data (as defined below) supplied by you that we consider contravenes these Terms.
6.4 You must not misuse the Safe People Registry by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Safe People Registry, the server on which the Safe People Registry is stored or any server, computer or database connected to the Safe People Registry.
7. INTELLECTUAL PROPERTY
7.1 In these terms “Intellectual Property Rights” means: (a) patents, inventions, designs, copyright and related rights, database rights, trade-marks, service marks and trade names (whether registered or unregistered), and rights to apply for registration; (b) proprietary rights in domain names; (c) knowhow and confidential information; (d) applications, extensions and renewals in relation to any of these rights; and (e) all other rights of a similar nature or having an equivalent effect which currently exist anywhere in the world.
7.2 Save for Input Data (for which clause 8 below shall apply), we are the owner or licensee of all Intellectual Property Rights in the Safe People Registry and its content. Except as expressly permitted herein, these Terms do not grant you any rights to, or in, any Intellectual Property Rights in respect of the Safe People Registry.
8. INPUT DATA
8.1 In these Terms, “Input Data” means any data that you input into the Safe People Registry.
8.2 You will retain all rights, title and interest in and to all of your Input Data, subject to any pre-existing rights that third parties may have in its content. You shall at all times have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Input Data and for ensuring that its use does not infringe the rights of any third parties. If your Input Data contains material and/or content owned or generated by a third party, you should ensure that you have all the necessary licences, permissions and/or consents from that third party to use such material and/or before inputting such Input Data into the Safe People Registry.
8.3 You grant us a non-exclusive, irrevocable, royalty-free, sub-licensable, fully paid up, perpetual and worldwide licence to access, use, copy, distribute and prepare derivative works of your Input Data for the purposes of providing the Safe People Registry.
8.4 You warrant that use of the Input Data in accordance with these Terms will not:
8.4.1 breach any laws, statutes or regulations;
8.4.2 infringe the Intellectual Property Rights or other legal rights of any person; or
8.4.3 give rise to any cause of action against us, in each case in any jurisdiction and under any applicable law.
8.5 In the event of any loss or damage to Input Data, we will use reasonable commercial endeavours to restore the lost or damaged Input Data from the latest back-up of such Input Data (where such back-ups are made by us). This will be your sole and exclusive remedy. We shall not be responsible for any loss, destruction, alteration or disclosure of Input Data caused by you or any third party (except those third parties sub-contracted by us to perform services, in which case our liability shall be subject to the limitations and exclusions set out in clause 9).
9. OUR LIABILITY
9.1 Nothing in these Terms excludes or limits our liability for:
9.1.1 death or personal injury caused by our negligence;
9.1.2 fraud or fraudulent misrepresentation; or
9.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
9.2 Subject to clause 9.1, our total liability to you arising out of or in connection with these Terms and/or the provision of the Safe People Registry, whether in contract (including under any indemnity), misrepresentation (whether tortious or statutory), tort (including negligence), breach of statutory duty, or otherwise shall be limited to £500.
9.3 Subject to clause 9.1, in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, damage to goodwill, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise, even if we were aware of the possibility that such loss or damage might be incurred by you.
9.4 You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms (including any breach of any warranty in these terms).
10. USE OF THE SAFE PEOPLE REGISTRY AND DISCLAIMERS
10.1 The Safe People Registry is provided to you free of charge. We do not guarantee that the Safe People Registry, or any content on it, will always be available, will be uninterrupted or error-free, or that defects will be corrected. Access to the Safe People Registry is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Safe People Registry without notice. We will not be liable to you if for any reason the Safe People Registry is unavailable at any time or for any period. We may update the Safe People Registry and/or change the content on it at any time.
10.2 The Safe People Registry may contain inaccuracies or typographical errors. To the fullest extent permitted by applicable law, we make no representations about the reliability, availability, timeliness or accuracy of the content included on the Safe People Registry and are not liable for and take no responsibility for any content or data uploaded by Users to the Safe People Registry.
10.3 To the fullest extent permitted by applicable law, the Safe People Registry is provided “as is” and on an “as available” basis without warranties of any kind, expressed or implied. We disclaim all warranties, expressed or implied, including, but not limited to, implied warranties relating to satisfactory quality, fitness for a particular purpose, non-infringement, security or accurateness.
10.4 We do not warrant or make any representation regarding the use or the results of the use of the Safe People Registry in terms of their correctness, accuracy, reliability, or otherwise. To the fullest extent permitted by applicable law, we are not responsible for any decisions taken by a Data Custodian to allow Researchers and/or Research Organisations access to any TRE or SDE (or any data therein) and shall not be liable in the event that any Input Data is inaccurate. We do not make any recommendations to or decisions for Data Custodians in relation to access to any TRE or SDE.
10.5 We will not be responsible for any loss or damage resulting from any machine, system, communications or power failure, technical breakdown, industrial dispute or other events or circumstances beyond our reasonable control leading to the total or partial unavailability of the Safe People Registry.
10.6 You are responsible for making all arrangements necessary for you to have access to the Safe People Registry.
10.7 We do not guarantee that the Safe People Registry will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes in order to access the Safe People Registry and we recommend that you use your own virus protection software. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to or use of the Safe People Registry.
11. SUSPENSION AND TERMINATION
11.1 Your use of the Safe People Registry may, wholly or partly, be suspended if:
11.1.1 we have concerns about the security of the Safe People Registry;
11.1.2 we suspect your use of the Safe People Registry has been fraudulent or is being conducted in an unauthorised way; or
11.1.3 we are required by law or regulation to do so.
We will not be liable to you for the unavailability of the Safe People Registry during such suspension.
11.2 If you breach any of these Terms, we may immediately do any or all of the following (without limitation and without prejudice to any other right or remedy):
11.2.1 issue a warning to you;
11.2.2 temporarily or permanently remove any Input Data uploaded by you to the Safe People Registry;
11.2.3 temporarily or permanently withdraw your right to use the Safe People Registry;
11.2.4 suspend or terminate your Account;
11.2.5 take any necessary legal action against you; and/or
11.2.6 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
11.3 Without prejudice to any other rights of termination or suspension, we may terminate the operation of the Safe People Registry at any time on written notice.
11.4 Termination of your access to the Safe People Registry is without prejudice to any other rights and remedies that we may have.
12. CHANGES TO THESE TERMS
12.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Safe People Registry. If you do not wish to continue using the Safe People Registry following the changes to the Terms, you can cancel your agreement to these Terms by cancelling your Account and/or ceasing to use the Safe People Registry.
13. THIRD PARTY CONTENT
13.1 The Safe People Registry may contain links to other websites which are not maintained by HDR UK. We assume no responsibility for the content of websites linked to and from the Safe People Registry or the services provided through such websites (including identify verification services). We cannot guarantee that the links set out on our website will be accurate at the time of your access. Moreover, the sites pointed at by links have been independently developed and possibly maintained by person(s) over whom we have no control. We will not be liable for any loss or damage that may arise from your use of them.
14. OTHER IMPORTANT INFORMATION
14.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
14.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.3 The rights, powers and remedies provided in these Terms are (except as expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by applicable laws or otherwise.
14.4 These Terms constitute the entire agreement between you and us in relation to their subject matter, and supersede and extinguish all prior agreements, arrangements, promises, undertakings, proposals, warranties, representations, and understandings between made by you and us (“Pre-Contractual Statements”), whether oral or written, in relation to such subject matter. You and us both acknowledge that in entering into these Terms we do not rely on any Pre-Contractual Statement made by or on behalf of the other party (whether made innocently or negligently) in relation to the subject matter of these Terms, other than those which are set out expressly in these Terms, and you and us hereby waive all rights and remedies which might otherwise be available to you or us in relation to such Pre-Contractual Statements. Nothing in this clause 14.4 shall limit or exclude the liability of either party arising out of its pre-contract fraudulent misrepresentation or fraudulent concealment.
14.5 You may not assign, subcontract or otherwise transfer or dispose of any of your rights or obligations under these Terms without our prior written consent. We may freely assign, subcontract or otherwise transfer or dispose of any of our rights or obligations under these Terms without your consent.
14.6 Nothing in these Terms shall create or be deemed to create a partnership between you and us.
14.7 Save as expressly set out in these Terms, a person who is not a party to these Terms has no right to enforce any part of these Terms.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.2 You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
16. CONTACTING US
16.1 The Safe People Registry Helpdesk is available from 9.00 to 17:00 on business days.
16.2 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future.
16.3 You can contact us by clicking here or by using the following details:
Email address: enquiries@safepeopleregistry.org
