Terms and conditions
1. AGREEMENT
1.1 We draw your attention to clause 2 (Licence and Permitted Uses), clause 3 (Restrictions
and Intellectual Property Rights), clause 5 (Disclaimer) and clause 6 (Limitations
of Liability). You may print and keep a copy of these Terms of Use.
1.2 FIRSTLight is an online clinical knowledge resource that provides specialist
level knowledge for healthcare professionals of the United Kingdom ("FIRSTLight").
FIRSTLight is produced and made available by First Databank Europe Limited whose
registered office is at Swallowtail House, Grenadier Road, Exeter, EX1 3LH (Company
Number: 01880682) (the "Company" or "we" or "us").
By using or accessing FIRSTLight you ("User" or "you") agree to these Terms of Use.
1.3 These Terms of Use, any disclaimers and conditions on FIRSTLight and the Privacy
Policy form the agreement between you and us ("Agreement"). If you do not agree
to be legally bound by the Agreement please leave FIRSTLight immediately. Through
continued access to and use of FIRSTLight your conduct constitutes acceptance of
the Agreement.
1.4 We reserve the right to change FIRSTLight and these Terms of Use at any time.
We will endeavour to notify users of FIRSTLight when changes to FIRSTLight and/or
the Terms of Use are made. Each access to and use of FIRSTLight is conditional on
your acceptance of the then current Terms of Use. You should review these Terms
of Use on a regular basis to ensure that you are aware of any changes made, as you
will be legally bound by any amended terms if you continue to use FIRSTLight after
the changes.
2. LICENCE AND PERMITTED USES
2.1 The Company grants you a limited, non-transferable, non-exclusive licence to
use and access FIRSTLight for your personal use (“Evaluation Licence”) for a period
of seven days from the date of your acceptance of these Terms of Use, or such other
Evaluation Licence period as we may from time to time indicate on the FIRSTLight
website.
2.2 In consideration of your payment of the subscription price pursuant to clause
4 below, you are granted a non-transferable, non-exclusive licence to use and access
FIRSTLight for your personal use (“Licence”) for a period of twelve months from
the date such payment is received by us, or until your access is terminated by us,
subject to the terms and conditions set out in the Agreement including these Terms
of Use. We will not be liable if for any reason FIRSTLight is unavailable at any
time or for any period. From time to time, we may restrict access to some parts
of FIRSTLight, or our entire site, to users who have registered with us.
2.3 You are responsible for making all technical arrangements necessary for you
to have access to FIRSTLight.
3. RESTRICTIONS AND INTELLECTUAL PROPERTY RIGHTS
3.1 FIRSTLight contains copyright material, trade names and marks and other
proprietary information and works, including, but not limited to, text, software,
photos and graphics ("Content"). The Content is protected by copyright, database
rights, design rights and other intellectual property rights.
3.2 The Company or its licensors own the copyright, database right and other intellectual
property rights in the Content, and the selection, co-ordination, arrangement and
enhancement of such Content. You may not without our express written permission:
3.2.1 display, copy or use FIRSTLight and/or the Content save as expressly permitted
by these Terms of Use;
3.2.2 reproduce (except in accordance with 3.3 and 3.4 below), transmit, distribute
or commercially exploit FIRSTLight and/or the Content;
3.2.3 resell, sub-license, rent, lease, transfer or attempt to assign the rights
in FIRSTLight and/or the Content (in whole or in part) to any other person; or
3.2.4 modify, alter or create derivative works from FIRSTLight and/or the Content.
3.3 You may print off one copy for your personal reference, for distribution to
a patient or for consultation with another healthcare professional, and you may
download, and store in PDF format, extracts of any page(s) from FIRSTLight for your
personal reference.
3.4 You may, by means of emailing a FIRSTLight hypertext link, make available Content
relating to one specific drug at a time to: (i) patients of yours for whom you are
considering prescribing, dispensing or administering such drug as part of your recommended
treatment programme if you are a qualified healthcare professional; and (ii) another
healthcare professional. Subject only to this, you shall not allow any person to
use or gain access to FIRSTLight or to the Content.
3.5 You must not modify the paper or digital copies of any materials you have printed
off or downloaded in any way and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any accompanying text.
3.6 Our status (and that of any identified contributors) as the authors of material
on FIRSTLight must always be acknowledged.
3.7 Upon the expiry or termination of the Licence authorising your access to FIRSTLight
or breach by you of any provision contained in the Agreement you shall cease to
have any further rights to use FIRSTLight and shall take all reasonable steps to
remove and delete all and any Content from your records and from any databases and
digital storage media, and to destroy any copies thereof.
4. PRICES AND PAYMENT
4.1 The price for FIRSTLight will be the price indicated on the subscription page
and you may pay for your access by the methods of payment as may be displayed on
the subscription page. VAT is payable by you at the applicable rate as indicated
on your invoice. You must pay in the currency as indicated on your invoice.
4.2 If you are paying by credit card or debit card then you must supply your card
details when you place your order. Your credit card will be charged when we issue
your invoice. We will not allow access to FIRSTLight until your card issuer has
authorised the use of your card for payment. We reserve the right to verify the
identity of the card holder by requesting appropriate documentation.
4.3 We will send your invoice and access information to you at the e-mail address
indicated on your order confirmation.
4.4 To ensure that your credit, debit or charge card is not being used without your
consent we may validate name, address and other personal information supplied by
you during the order process against appropriate third party databases. By accepting
these terms and conditions you consent to such checks being made. In performing
these checks personal information provided by you may be disclosed to a registered
Credit Reference Agency which may keep a record of that information. This is done
only to confirm your identity, a credit check is not performed and your credit rating
will be unaffected. All information provided by you will be treated securely and
strictly in accordance with the Data Protection Act 1998.
4.5 Notice is given that, once your access to FIRSTLight is granted, unless otherwise
agreed by us, in accordance with section 13 (1)(a) of the Consumer Protection (Direct
Selling) Regulations 2000 you are not able to cancel the contract, as performance
of the agreement will have commenced before the end of the applicable cancellation
period.
5. DISCLAIMER
5.1 Since every patient's history is different, and even the most exhaustive sources
of information cannot cover every possible eventuality, you should be aware that
all information is provided in FIRSTLight on the basis that the healthcare professionals
responsible for patient care will retain full and sole responsibility for decisions
relating to patient care, including what treatment to prescribe or dispense for
all patients and, in particular whether the use of any drug or other product is
safe, appropriate or effective for any particular patient or in any particular circumstances.
FIRSTLight is intended to supplement, not substitute for, the expertise and judgment
of qualified healthcare professionals and should not be taken as an indication of
suitability of a particular treatment for a particular individual.
5.2 FIRSTLight and those who are responsible for its construction, operation and
maintenance do not know the particular circumstances, condition or medical history
of particular patients or groups of patients and so cannot advise as to particular
cases.
5.3 While FIRSTLight uses reputable sources of information, such as published data
of pharmaceutical manufacturers, it does not validate or verify the information
received from third parties. The information stored on FIRSTLight is not exhaustive.
It therefore cannot be relied upon as complete. Although the information stored
on FIRSTLight is updated on a regular basis, you should ensure that you are satisfied
that the information is current. The ultimate responsibility for the use of the
Content, dosage of drugs and correct following of instructions as well as the interpretation
of the published material as set out in FIRSTLight and the Content lies solely with
you.
5.4 Description or reference to a product or publication does not imply endorsement
of that product or publication.
5.5 Save as expressly set out in the Agreement all warranties, conditions and other
terms implied by statute or common law are, to the fullest extent permitted by law,
excluded.
5.6 FIRSTLight is designed for users in the United Kingdom. Without prejudice to
the generality of the foregoing, the Company expressly excludes any warranty or
representation that the Content is applicable to any jurisdiction other than the
United Kingdom.
6. LIMITATIONS OF LIABILITY
6.1 The following provisions of this clause 6 set out the entire liability of the
Company (including any liability for the acts or omissions of its employees, agents
and sub-contractors) to you.
6.2 Nothing in this Agreement excludes or limits the liability of the Company:
6.2.1 for death or personal injury caused by our negligence; or
6.2.2 for fraud or fraudulent misrepresentation.
6.3 Subject to clause 6.2:
6.3.1 Our total liability in contract, tort (including negligence or breach of statutory
duty), misrepresentation, restitution or otherwise, arising in connection with the
performance or contemplated performance of the Agreement shall be limited to the
aggregate amount of the fees (excluding value added tax) paid to us pursuant to
the Licence in the period of twelve months preceding any such claim being made by
you against the Company; and
6.3.2 We shall not be liable to you for any loss of profit, loss of revenue, loss
of business or business opportunity, loss of data or depletion of or damage to goodwill,
in each case whether direct, indirect or consequential, or for any claims for indirect
or consequential loss or damage whatsoever (and howsoever caused) which arise out
of or in connection with the Agreement.
6.4 The Company reserves the right to cease publication of FIRSTLight on reasonable
notice, in which event it shall reimburse to you the proportion of any payments
you have made to us representing the unexpired period of the licence granted to
you. Subject to such repayment, we shall not be liable to you in respect of our
ceasing publication of FIRSTLight.
7. YOUR RESPONSIBILITY FOR OUR LOSSES
You agree to be responsible to the Company and our officers, directors, employees,
authors and partners for any losses, expenses or other costs incurred by us which
are caused by your use and misuse of the Content.
8. WAIVER, RELEASE AND LIMITATION OF LIABILITY
Subject to clause 6.2, you release the Company, its officers, directors, employees,
authors and partners from any liability relating to your use of FIRSTLight.
9. CONTINUITY AND EXTERNAL LINKS
9.1 We will endeavour to ensure that access to FIRSTLight is uninterrupted and that
transmissions will be error-free. However, we cannot guarantee that your access
will not be suspended from time to time including to allow for repairs, maintenance
or the introduction of new content or facilities. We will use commercially reasonable
efforts to make FIRSTLight available seven (7) days a week, twenty-four (24) hours
a day, except for specific scheduled downtime periods during which we will shut
down the service for the purposes of system upgrades, maintenance and backup procedures
("Scheduled Downtime"). Currently, Scheduled Downtime shall take place on Tuesdays
and Thursdays from 9 pm to 11 pm. We will use reasonable efforts to notify you of
any other outages or any major upgrades. In addition, there may be events that from
time to time will make the system inaccessible for a limited amount of time due
to unforeseen software, hardware, network, power and/or Internet outages ("Unscheduled
Downtime").
9.2 You acknowledge that both Scheduled and Unscheduled Downtime will occur from
time to time during the term of the Agreement and that neither shall constitute
a breach of the Agreement by us.
9.3 FIRSTLight contains links including hyperlinks which may take you outside of
FIRSTLight to other sites and resources provided by third parties. Links are provided
for your convenience and information only and an inclusion of any link does not
imply endorsement or approval by us of the linked website, its operator or content.
We have no control over the content of those sites or resources and accept no responsibility
for them or for any loss or damage that may arise from your use of them.
10. PASSWORDS
10.1 Access to FIRSTLight is secured by an authentication system. You are solely
responsible in all respects for all use of and for protecting the confidentiality
of any username and passwords that may be given to you or selected by you. You may
not disclose these or transfer them to any third parties.
10.2 We have the right to disable any username or password, whether chosen by you
or allocated by us, at any time, if in our opinion you have failed to comply with
any of the provisions of these Terms of Use.
10.3 You will immediately notify us if you become aware of or suspect that your
authentication is in the possession of any other person or if you become aware of
or suspect any unauthorised access to or use of FIRSTLight.
11. CONFIDENTIALITY
11.1 Neither party shall, at any time during the period of the Agreement or at any
time thereafter, disclose to any other person, or use for any purpose except as
provided by the Agreement, any confidential information which has been disclosed
to or obtained by it pursuant to the Agreement.
11.2 Any confidential information to which clause 11.1 applies in relation to either
party may be:
11.2.1 disclosed by that party as required by law or by a competent regulatory authority;
and/or
11.2.2 disclosed by it to any other person, to the extent only that the same is
at the date of the Agreement, or has after that date through no fault of that party
become, public knowledge, or can be shown by that party, to the reasonable satisfaction
of the other party, to have been known to it prior to that date.
11.3 The obligations imposed by this clause 11 shall continue to apply after the
Agreement has expired or terminated for any reason.
12. THIRD PARTY RIGHTS
12.1 Subject to clause 12.2, this Agreement is made for the benefit of the parties
to it and is not intended to benefit, or be enforceable by, any other person.
12.2 The provisions of clauses 7 and 8 are also intended to benefit the officers,
directors, employees, authors and partners, and advertisers of the Company.
12.3 The right of the parties to terminate, rescind or agree any amendment, variation,
waiver or settlement under this Agreement is not subject to the consent of any person
who is not a party to this Agreement.
13. SEVERABILITY
If any provision of this Agreement shall be found by any court or administrative
body of competent jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the other provisions of this Agreement which shall
remain in full force and effect.
14. PRIVACY/PERSONAL DATA
The personal information you provide to us when you register for the use of FIRSTLight
will be used by us in accordance with the Privacy Policy.
15. GENERAL
15.1 The Agreement forms the whole agreement between you and us. You acknowledge
that you have not entered into this Agreement in reliance upon any warranty or representation
made by us or any other person and you waive any rights to damages/rescission you
may have for misrepresentation (other than a fraudulent misrepresentation) not contained
in this Agreement.
15.2 Failure by either party to exercise any right or remedy under this Agreement
does not constitute a waiver of that right or remedy.
15.3 Any formal legal notices should be sent to us at the address at the end of
these Terms of Use by email confirmed by post.
15.4 You may not assign or transfer your rights under this Agreement.
16. GOVERNING LAW
16.1 The Agreement including these Terms of Use is governed by English law. You
irrevocably submit to the exclusive jurisdiction of the courts of England over any
dispute, claim or matter which may arise out of, under, or in connection with the
Agreement. The place of performance shall be England.
16.2 We provide no warranty or guarantee that FIRSTLight or information available
on it complies with laws other than those of England.
17. FURTHER INFORMATION
Further information on these Terms of Use or any queries on them can be obtained
by contacting First Databank via email firstlight@fdbhealth.com