In this Agreement, unless the context requires otherwise:
2.1 Sitekit hereby grants the licensee a non-exclusive, non-transferable license to use the Service and Materials; no right to sub-license is granted to the licensee.
2.2 Upgrades to the Service will be provided to the Licensee in accordance with this Agreement; Service upgrades will be automatically applied.
2.3 The Licensee acknowledges and agrees that it shall be solely responsible for obtaining any and all licenses or other permission that may be required in respect of other software, hardware, or other computer or telecommunications equipment other than the Service notwithstanding that any of the same may be used by the Licensee in conjunction with the Service.
2.4 Save as expressly set out in this Agreement, the Licensee is not permitted:
2.4.1 To make copies of the whole or any part of the Service or any and all Materials relating thereto other than as permitted by law;
2.4.2 To rent, lease, sub-license or loan the whole or any part of the Service or any and all Materials relating thereto except and to extent previously permitted in writing by Sitekit;
2.4.3 To use, reproduce or deal in the Service and/or any and all Materials relating thereto in any way;
2.4.4 To alter, remove, obscure, conceal or otherwise interfere with any markings on or written in the Service or Materials which refers to Sitekit, or in any way to interfere with any other copyright notices;
2.4.5 To reverse engineer, disassemble, reverse translate, or in any way decode the Service or any copy or part of it in order to derive any source code, save only as is permitted by applicable law.
3.1 Sitekit shall use reasonable endeavours to provide the Service in a professional manner using all reasonable skill and care and shall use reasonable endeavours to comply with all applicable laws and regulations from time to time.
3.2 Sitekit shall not be liable for any breach, non-performance or delay of performance of its obligations under this Agreement to the extent Sitekit is unable to comply with or perform the same because of (whether directly or indirectly) the Licensee’s delay in performance, breach of this Agreement and/or negligent acts and/or omissions.
3.3 Sitekit shall provide the Services on a non-exclusive basis.
4.1 The Licensee shall cooperate with Sitekit and provide such assistance and information as Sitekit shall reasonably require to enable Sitekit to provide the Service. The Licensee shall ensure that such information is accurate and up to date in all material aspects.
4.2 The Licensee warrants that they are the legal guardian of all children for whom profiles are created in their eRedbook account, and have the legal right to access the health information of all such children.
4.3 The Licensee shall at all times keep their login details secure and shall not share them with any other person or cause or allow another person or application to access their eRedbook account with their login details.
4.4 The Licensee shall not circumvent any restrictions or security measures designed to control access to services.
4.5 The Licensee shall be responsible for all activity in their eRedbook account accessed with their login details.
4.6 The Licensee shall immediately inform Sitekit, their Health Professional or NHS England if they have reason to believe that their eRedbook account has been accessed without authorisation, or that their login details have been disclosed.
5.1 Sitekit shall endeavour to ensure that the Service is accessible by the Licensee at all reasonable times. The Licensee acknowledges and agrees that the Service may not be available from time to time due to maintenance (scheduled and unscheduled), repairs and updates carried out as part of maintenance services by Sitekit or third parties and that Sitekit shall have no liability for such unavailability.
5.2 The Licensee acknowledges that the Service will not be error free and agrees that the existence of errors of whatever nature shall not constitute a breach hereof.
5.3 Sitekit does not make and hereby excludes to the fullest extent permitted by law all warranties and liabilities whether expressed or implied relating to:
5.4 Sitekit shall have no liability where failure of the Service and/or website is due directly or indirectly to the Licensee’s negligence or fault and/or the Licensee’s failure to follow the instructions provided by Sitekit or as otherwise detailed in the materials.
5.5 It is the licensee’s responsibility to test, for computer viruses (of whatever description) its own information systems and networks, and the Licensee agrees that it shall not hold Sitekit responsible for any damage caused from any such virus.
5.6 Sitekit expressly excludes liability for all consequential and indirect loss or damage (including without limitation, loss of use, interruption of business, loss of profits, business or opportunity, the cost of substitute goods or services or expenditure, investment or other commitments made in connection with the business contemplated by this Agreement, corruption of the Licensee’s hardware regardless of the form of action whether in contract, tort or delict, strict product liability or otherwise, even if Sitekit has been advised of the possibility of such a loss.
5.7 Sitekit does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of Sitekit, its employees, agents or authorised representatives.
6.1 The Licensee shall indemnify Sitekit in full on demand for loss and/or damages suffered by Sitekit as a result of all matters and claims arising from:
7.1 Neither party shall have any liability to the other party under this Agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving its own workforce or another party), failure or disruption of a utility service or server farm operator, or upstream bandwidth provider, or denial of service attack, or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, catastrophic system failure, breakdown of plant or machinery, fire, flood, storm, pandemic or default of suppliers or sub-contractors.
8.1 This Agreement constitutes the entire agreement and understanding between the parties regarding its subject matter (excepting any prior confidentiality or non-disclosure agreement which shall continue in accordance with its terms) and none of its provisions may be modified or varied in any way unless agreed in writing between the parties.
8.2 Any omission by either party to exercise any available right shall not be interpreted as a waiver of it nor of any future right.
8.3 If any provision of this Agreement is declared to be void or unenforceable by any judicial or administrative authority in any jurisdiction, such provision will be deemed to be severable and the remaining provisions of this Agreement shall remain in full force and effect.
8.4 All formal notices required under this Agreement shall be sent by fax and confirming letter or by recorded delivery (or its equivalent) posted within 24 hours of such fax to the address of the party in question as stated above (or as otherwise notified) and shall be deemed to have been received thirty six (36) hours after the time of despatch of the letter.
8.5 Sitekit may assign the benefit and/or the burden of the Agreement at any time without the prior written consent of the Licensee. For the avoidance of doubt, Sitekit shall be entitled to sub-contract its obligations under this Agreement at any time without the consent of the Licensee. The Licensee acknowledges and agrees that it shall not assign the benefit and/or burden of the Agreement without the prior written consent of Sitekit.
9.1 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this Agreement. This Agreement is made solely for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
10.1 The parties hereby agree that this Agreement shall be construed in accordance with and governed by English Law and both parties hereto hereby agree to submit to the non-exclusive jurisdiction of the English Courts in all matters pertaining hereto.
NHS England (NHS England Tel. 0300 311 2233 Email. email@example.com) is responsible for defining what information is collected, and how it is used. You can contact us on email firstname.lastname@example.org or call 0845 299 0900 to put you in contact with NHS England’s Data Protection Officer.
When you create an eRedbook account, we collect the following information:
Participation in the eRedbook service and the associated collection of personal and confidential information is voluntary, and is not a statutory requirement.
Your information is stored and used with your consent. You can withdraw your consent at any time and close your account. To do this open your account settings via the cog icon and click on the Delete account link.
Your information is used by your NHS England to:
Sitekit Ltd also use your information as follows:
Your privacy is important to NHS England and to Sitekit. In relation to the information in your eRedbook account, you have the right to:
If you are concerned about the way your information is handled, you also have the right to a lodge a complaint with the Information Commissioner’s Office, who are the supervisory authority for data protection matters in the UK. You can contact the ICO at www.ico.org.uk or by calling 0303 123 1113.
Your information is stored securely on servers based in the United Kingdom. It is stored for as long as you keep your eRedbook account open. When your account is closed, your information is securely and permanently deleted, and cannot be recovered.
You are responsible for keeping your username and password secure, and not sharing them with anyone else.
NHS England and Sitekit are subject to data protection law in the UK.
Sitekit reserves the right to update this Privacy Notice from time to time.