1. About these terms of Use
1.1. By using the Information Sharing Gateway system (the “system”), you agree to the terms set out in these Terms of Use
1.2. It is your responsibility to ensure that you understand and comply with these terms and conditions of use.
1.3. If you have any questions about these terms, you should contact the Information Sharing Gateway Administration Team at isg@mbhci.nhs.uk
1.4. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. We may ask you to re-confirm you continue to agree to these Terms of Use from time to time, to take account of any changes to legal requirements or how we provide the system.
2. General information about the Information Sharing Gateway
2.1. The Information Sharing Gateway has been provided to aid registered organisations with their responsibilities when sharing information with other organisations and by using the system, this is the sole purpose for which users are permitted to use the system (the “Permitted Purpose”).
2.2. The Information Sharing Gateway must be used in compliance with all relevant laws, regulations, and guidelines, and at no point does it supersede them.
2.3. The Information Sharing Gateway Administration Team reserves the right to withdraw, suspend or limit user access in the case of suspected misuse, inappropriate use, or breach of these terms.
3. Restrictions
3.1. You agree that you will:
3.1.1. not provide, or otherwise make available, the system in any form, in whole or in part, to any person without prior written consent from the Information Sharing Gateway Administration Team
3.1.2. not commercially exploit or otherwise allow or re-sell access to the system to any other third party;
3.1.3. not copy, merge, adapt, vary, alter or modify, the whole, or any part of the system;
3.1.4. not use the system to identify individuals or groups of organisations to target for commercial gain or other activities unconnected with the Permitted Purpose, either on your behalf or on that of a third party;
3.1.5. only use the system for the Permitted Purpose.
4. Acceptable Use Policy
4.1. You must:
4.1.1. not use the system 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 the system or any operating system;
4.1.2. not infringe any intellectual property rights in relation to your use of the system;
4.1.3. not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the system;
4.1.4. not use the system in a way that could damage, disable, overburden, impair or compromise the system or security or interfere with other users;
4.1.5. not collect or harvest any information or data from the system;
4.1.6. not attempt to disguise your identity or that of your organisation;
4.1.7. not attempt to interfere with the technical components, both hardware and software, of the system in any way;
4.1.8. when setting up your user account, identify yourself honestly, accurately, and completely;
4.1.9. ensure your password and answers to your security questions for the system are always kept confidential and secure, and contact the Administration Team if you become aware of any unauthorised access to your Information Sharing Gateway account;.
4.1.10. only access the Information Sharing Gateway with your own username and password and never share your access credentials with others;
4.1.11. never input your Information Sharing Gateway password into any other website, and you will never be asked for your Information Sharing Gateway password e.g., by phone or email. You must not divulge this information to anyone, even if asked.
4.2. All communication and material you send through the Information Sharing Gateway is assumed to be official correspondence from you acting in your official capacity on behalf of your organisation.
4.3. You must familiarise yourself with the Information Sharing Gateway security and privacy statements, as well as the systems guidance documents if required.
4.4. It is your responsibility to check that you are engaging with the correct recipient, as there may be more than one organisation with a similar name using the service or registered with the ICO.
4.5. Content of the Information Sharing Gateway may be admissible as evidence in a court of law and agreements may be classified as legal documents. An organisation’s content within the Information Sharing Gateway may also need to be disclosed under the Freedom of Information Act 2000, the UK GDPR, and the Data Protection Act 2018.
4.6. It is your responsibility to make sure that your details in the system are correct and up to date.
4.7. You have no intellectual property rights in, or to, the system or any information or data held in the system, other than the right to access and use them in accordance with these terms for the Permitted Purpose.
5. Breach of these terms
5.1. The Information Sharing Gateway Administration Team reserves the right to withdraw, suspend or limit user access at any time and in particular in the case of suspected misuse, inappropriate use, or breach of these terms.
6. Governing Law and Jurisdiction
6.1. These terms shall be governed by and construed in accordance with the law of England, and the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter.