The Health Data Gateway Portal Beta Product (herein after referred to as the Beta Product), including all functionality, is operated by Health Data Research UK (“HDR UK”).  HDR UK is a limited company registered in England and Wales under company number 10887014 and a charity registered with the Charity Commission under charity number 1194431 with its registered office is at 215 Euston Road, London, England, NW1 2BE.

Acceptance of Terms and Conditions

By using this site you confirm that you accept these Terms and Conditions (“Terms and Conditions“) and that you agree to comply with them. The Terms and Conditions take effect on the date of your first use of the site.

If you are using the Beta Product on behalf of an organisation (including any institution, company, partnership or similar), these Terms and Conditions shall be binding on you and such research institution, and references herein to “You” or “Your” mean you as an individual using the Beta Product in relation to your trade, business, craft or profession (an “individual user“), and the organisation on whose behalf you are acting. In using the Beta Product, You confirm that you have the authority to bind the organisation as set out herein.

If You do not agree to the Terms and Conditions, You must not use the Beta Product.

Beta Product

For the purposes of these Terms and Conditions, “Beta Product” shall mean those products, software, services, and/or features that are designated as beta or pre-release versions of the Health Data Innovation Gateway, in whole or in part and are provided to You for access and/or use for testing purposes.

HDR UK may add additional beta functionalities (“Additional Beta Functionalities”) to the Beta Product from time to time. Once added, these Additional Beta Functionalities shall become part of the Beta Product, and references in these Terms and Conditions to the Beta Product, incorporates any Additional Beta Functionalities.

Scope of Use

HDR UK grants to You a non-exclusive, non-transferable, non-sublicensable license to use the Beta Product solely for the purposes of testing, research, and evaluation. You shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or make copies of the Beta Product.

In Your use of the Beta Product, You shall ensure that good data security practices are followed in your use of the Beta Product and use the Beta Product in compliance with all applicable laws (including those relevant to managing sensitive personal data).

Account and Password

You may need to register an account with us on the Beta Product in order to access certain functionality available on the Beta Product. In order to register for an Account, you must be aged 18 or over. If you register an Account, you will be asked to provide certain information (such as your email address), as part of our security procedures. You must treat your Account login details as confidential and you must not disclose them to any third party, with the exception of your identity provider used to create your Account.

We have the right to disable any Accounts, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms and Conditions.

If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at dataprotection@hdruk.ac.uk and gateway@hdruk.ac.uk.

You are responsible for any unauthorised use of your Account login details.

Restrictions to use of Beta Product

You may not use the Beta Product:

• for research analysis and publication, unless You have prior written consent from the relevant data custodian allowing you to use their data for research purposes;
• to attempt to re-identify or retrace an individual from anonymous data;
• to ask questions which may lead to loss of anonymisation of data;
• in any unlawful or unethical manner, including, but not limited to, in a manner that would violate any persons right to privacy;
• in any way that breaches any applicable local, national or international law or regulation; and
• in breach of these Terms and Conditions.

Without limiting the other restrictions set out in these Terms and Conditions, You agree that You will not:

• enter or upload any data for which you do not have appropriate approvals or consents in place 
• copy, modify, create derivative works or improvements of the Beta Product;
• sublicense, sell, rent, lease, lend, transfer, assign, distribute, publish or otherwise make available the Beta Product to any person;
• attempt to decompile, disassemble, decode, reverse engineer, adapt or otherwise attempt to derive or gain access to the source code of the Beta Product (in whole or in part);
• access or use without authority and valid access credentials, or bypass or breach any security protections, of the Beta Product;
• input, upload, transmit or otherwise provide to / through the Beta Product, any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code or material that contains viruses, Trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or other harmful programs or material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Beta Product, the server on which the Beta Product is stored or any server, computer or database connected to the Beta Product. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Beta Product will cease immediately.
• damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the provision of the Beta Product by HDR UK;
• remove, delete, alter or obscure any trademarks, warranties or disclaimers or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Beta Product;
• access or use the Beta Product in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right of any third party, or that violates any applicable law;
• access or use the Beta Product for purposes of competitive analysis of the Beta Product, the development, provision or use of a competing service or product or in any manner that is detrimental to, or would bring a commercial disadvantage to, HDR UK and its licensors; or
• otherwise access or use the Beta Product beyond the scope of the authorisation granted in these Terms and Conditions.

Data and Feedback.

You agree that HDR UK may obtain information and data from You in connection with Your registration, and use of the Beta Product including, without limitation. HDR UK may also collect and process technical and performance information about Your use of the Beta Product and use this information to support and troubleshoot issues, provide updates, analyse trends and improve HDR UK products or services. HDR UK shall be allowed to use such data and share such data with HDR UK partners.

Further, You shall provide feedback to HDR UK concerning the functionality and performance of the Beta Product from time to time as reasonably requested by HDR UK, including, without limitation, identifying potential errors and improvements. Feedback provided to HDR UK through any of the foregoing methods in connection with the Beta Product may be used by HDR UK and its partners to improve or enhance products, services and/or features and, accordingly, HDR UK shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such feedback without restriction.

Personal Data

You hereby consent to HDR UK processing and transferring any Personal data collected about as set out in the HDR UK Gateway Privacy Policy as updated from time to time.

Confidentiality

The Beta Product, the fact of its existence, all accompanying documentation, and all information disclosed by HDR UK to You hereunder or otherwise in connection with the Beta Product, including without limitation performance data, features and other information relating to or obtained from the Beta Product, is “Confidential Information” of HDR UK. You will not use the Confidential Information except as necessary under this Agreement, and will not disclose any portion of the Confidential Information to any other person or entity. You will use all reasonable steps to protect the Confidential Information from unauthorized use or disclosure. Confidential Information does not include information that: (1) was rightfully known by You at the time of disclosure without an obligation of confidentiality, (2) is lawfully obtained by You from a third party without restriction on use or disclosure, or (3) is or becomes generally known to the public through no fault or breach of this Agreement by You.

Termination

This Agreement shall terminate upon the release by HDR UK of a publicly available version of the Beta Product. HDR UK does not guarantee that any such publicly available version will be released.

HDR UK may suspend or withdraw Your use of the Beta Product if we consider that You have not complied with these Terms and Conditions.

Disclaimer

The Beta Product may contain errors and is provided for limited evaluation only. The Beta Product is provided ‘AS IS and on an ‘AS AVAILABLE’ basis without any representations or endorsement made and without warranty of any kind, whether express, implied, statutory or otherwise. HDR UK may update or change the Beta Product from time to time and may suspend, withdraw, discontinue or change all or any part of the Beta Product without notice.  HDR UK specifically disclaims all implied warranties of merchantability, noninfringement, and fitness for a particular purpose and HDR UK will not be liable to You if for any reason the Beta Product or any part thereof is available at any time or for any period. HDR UK does not guarantee that this site or the server that makes it available are free of viruses, bugs or defects.

You acknowledge that damage or loss of data that has been input or entered into the Beta Product may occur. You further acknowledge that HDR UK may delete the Beta Product periodically and that any data input or entered into the Beta Product by You will be deleted along with the Beta Product. HDR UK may also periodically delete any data input or entered into the Beta Product as it may deem necessary from time to time. HDR UK shall not be liable to you for any loss, corruption to data entered into or input into the Beta Product by You.

To the maximum extent permitted by law, HDR UK (including any of its member/partner organisations) shall not 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 our site or use of or reliance on any content displayed on our site; and
• any indirect or consequential loss or damage, loss of profits, sales, business or revenue, loss of anticipated savings, loss of data, loss of business opportunity, goodwill or reputation or business interruption.

You shall indemnify and hold HDR UK harmless against any losses, costs, liabilities and expenses suffered or incurred by us as a result of any breach of these Terms and Conditions.

Copyright (and other intellectual property rights) restrictions.

HDR UK is the owner or the licensee of all intellectual property rights in the Beta Product.

You must not use any part of the content on the Beta Product for commercial purposes without obtaining a licence to do so from us or our licensors.

If You print off, copy or download any part of the Beta Product in breach of the Terms and Conditions, Your right to use our site will cease immediately and You must, at our option, return or destroy any copies of the materials You have made.

Miscellaneous.

These Terms and Conditions, their subject matter and their confirmation (and any non-contractual disputes or claims) are governed by English law. HDR UK and You agree to the exclusive jurisdiction of the courts of England.

If any of the Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which the Terms and Conditions are intended to be effective, then to the extent to which that Term and Condition is illegal, invalid and unenforceable within the jurisdiction, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and continue to be binding and enforceable.