1 Introduction
1.1 – The Department of Health and Social Care owns the NHS My Planned Care website. The content, data and services on the NHS My Planned Care Website are delivered by NHS NECS. You may access and use this website if you agree to be legally bound by the terms set out here. If you do not agree to be legally bound by these terms, please do not access and/or use the NHS My Planned Care website.
1.2 – The NHS My Planned Care website is intended for use only by people who live in England. References to “the NHS” mean “the NHS in England” unless otherwise stated. Service descriptions, entitlements and costs refer to services in England and arrangements may differ elsewhere in the UK.
1.3 – If you use the NHS My Planned Care Website on behalf of someone else:
- (a) these terms apply to your use;
- (b) you are responsible for such access and use, including being responsible for compliance with these terms; and
- (c) you must, to the extent possible, make the person you are using the NHS My Planned Care Website on behalf of aware of: (i) your access and use and any steps you take on their behalf, and (ii) these terms.
2 Changes to terms
2.1 – We may make changes to the NHS My Planned Care Website, including these terms, at any time. You will be legally bound by the updated or amended terms from the first time that you use the NHS My Planned Care Website after we publish the changes on it.
3 Intellectual property rights
3.1 – The Department of Health and Social Care own or have the right to use all intellectual property rights in the contents of the NHS My Planned Care Website or used for the provision of the NHS My Planned Care Website (“NHS My Planned Care Website Content”). This includes rights in copyright, patents, database rights, trademarks and other intellectual property rights.
3.2 – You have permission to use NHS My Planned Care Website Content for the sole purposes described, and on the terms detailed, in these terms and conditions. You need written permission from us or any other owner of NHS My Planned Care Website Content before you may use these items in any other way.
3.3 – Copyright and database rights in NHS My Planned Care Website Content are released free-of-charge under the current version of the Open Government Licence (“OGL”), except where specified, either in these terms and conditions, elsewhere on this website or in the OGL terms. If there is any conflict between the OGL terms and these terms and conditions these terms and conditions shall take precedence.
3.4 – This means that you can use NHS My Planned Care Website Content, including copying it, adapting it, and using it for any purpose, including commercially, provided you follow these terms and conditions and the terms of the OGL.
3.5 – The OGL terms do not apply to the following categories of NHS My Planned Care Website Content, and therefore these must not be used without our or the relevant owner’s prior consent:
- any logos, visuals, image rights, trademarks, trade names and design styles (except where these are integral to a document or data set) of the NHS My Planned Care Website, or any predecessor or linked body, as well as of any partner or contributor;
- any other intellectual property rights, including but not limited to patents, design rights and trademarks;
- personal data (which will include but not be limited to images, videos, and audio with identifiable people in them);
- information owned by third parties which we are not authorised to licence on to you. Many images on the NHS My Planned Care Website are included as these are licensed by stock sites. If in doubt, contact us using the details below (9.4).
3.6 –
(a) If you:
i. copy and reuse NHS My Planned Care Website Content but do not make any changes or adaptions; AND
ii. refresh your copy of the NHS My Planned Care Website Content at least every 7 days in respect of all other NHS My Planned Care Website Content; then you must attribute us as follows: “Information from the NHS My Planned Care Website”, unless you have our written consent to an alternative attribution. The relevant attribution must be made for every separate instance, use or appearance of NHS My Planned Care Website Content, and in each case, you must make a clear distinction between NHS My Planned Care Website Content and your other content.
If you are displaying NHS My Planned Care Website Content in a context where a functional link back to the article on the NHS My Planned Care Website is possible, then each attribution should link to the page on the NHS My Planned Care Website that the relevant NHS My Planned Care Website Content has been supplied from.
You must additionally publish, in a prominent and noticeable location within your site or service the statement that “Information from the NHS My Planned Care Website is licensed under the Open Government Licence v3.0” and, where possible, include a link to the Open Government Licence.
(b) If you:
i. change or adapt NHS My Planned Care Website Content as part of your reuse or publication; OR
ii. do not refresh your copy of the NHS My Planned Care Website Content at least every 7 days in respect of all other NHS My Planned Care Website Content;
you must include the standard attribution “Contains public sector information licensed under the Open Government Licence v3.0.” set out in the OGL and, where possible, include a link to the publication of the Open Government Licence, unless you have our written consent to an alternative attribution. You must not attribute the content to the NHS My Planned Care Website or cite the NHS specifically as the source of the adapted or non-refreshed content.
The following is a (non-exhaustive) list of examples of changes to content that constitute adaptations:
- Any change to wording that serves to change its meaning or impact;
- Taking wording out of a context that is important to its meaning;
- Translation into another language.
Any adaptation of NHS My Planned Care Website Content or use of non-refreshed NHS My Planned Care Website Content may invalidate its formal clinical approval; therefore if you use any such NHS My Planned Care Website Content you will bear any risk associated with such adaptation or failure to refresh.
3.7 – We recommend you refresh your copy of the NHS My Planned Care Website Content every 24 hours to ensure you have the most up-to-date version.
3.8 – You must not use NHS My Planned Care Website Content for or in association with i) any purpose; or ii) a site or service; which is illegal, derogatory or otherwise objectionable or that brings the NHS into disrepute. If you process any personal data of your customers or users in association with your use of any NHS My Planned Care Website Content you must do so in compliance with all applicable data protection and privacy legislation and all relevant regulatory guidance, including General Data Protection Regulation and Data Protection Act 2018.
3.9 – If you provide any paid-for service to your customers or users access to the NHS My Planned Care Website Content may be included within the standard purchase and set-up costs but no specific charge may be levied on any customers or users for access to any NHS My Planned Care Website Content.
3.10 – You may not directly or indirectly suggest any endorsement or approval by the NHS of your site or service, or any non-NHS entity, product or content or any views expressed within your site or service.
3.11 – We reserve the right to alter, adapt, edit, modify or restrict the availability of NHS My Planned Care Website Content for use on third-party sites at any time.
4 Medical information
4.1 – The NHS My Planned Care Website provides medical information for use as information or for educational purposes. We do not warrant that information we provide will meet your health or medical requirements. It is up to you to contact a health professional if you are concerned about your health.
4.2 – The NHS My Planned Care Website does not give medical advice in relation to any individual case or patient, nor does The NHS My Planned Care Website provide medical or diagnostic services.
4.3 – If you are a medical or health professional then you are encouraged to use the NHS My Planned Care Website for general information purposes. However, you should not rely on material included on the NHS My Planned Care Website and we do not accept any responsibility if you do.
5 Third-party websites
5.1 – We do not monitor the content of third-party websites or third-party applications. Any link provided on My Planned Care is solely for your convenience. We do not accept any responsibility for any third-party website or third-party applications.
5.2 – Where we provide links to third-party websites, that does not imply any association with or recommendation for those websites. See our external links policy.
5.3 – Where we provide links to third-party applications, that does not imply any association with or recommendation for those applications. See our external links policy.
6 Liability
6.1 – We accept no liability to you should the NHS My Planned Care Website not be available at any particular time.
6.2 – You acknowledge and agree that we will not be responsible for any injury, loss, damage, costs or expenses (whether direct or indirect) arising out of, or relating to the use or misuse of the NHS My Planned Care Website, except to the extent that such liability cannot be excluded by law (i.e. our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited under English law).
This means that we have no liability to you (or anyone else on whose behalf you may use the NHS My Planned Care Website) for:
- (a) any financial loss you may suffer or any inability to claim any payments you may experience;
- (b) any business loss you may suffer, including loss of revenue, loss of profits or loss of anticipated savings (whether those losses are the direct or indirect result of our default);
- (c) any loss which you suffer other than as a result of our negligence or breach of statutory duty;(d) any loss suffered due to the default of any party other than us.
6.3 – Although we follow our governance processes and make reasonable efforts to maintain service and accurate, up-to-date content this website is provided “as is” and, to the extent permitted by law, we do not warrant or represent (expressly or impliedly and including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose) that the NHS My Planned Care Website or any content is accurate, complete or up-to-date, will meet your particular requirements or needs, will be available uninterrupted or error free, that defects will be corrected, or that My Planned Care or its supporting systems are free of viruses or bugs.
6.4 – We do not accept any liability to you if we fail, or are interrupted or delayed in the performance of any obligation because of:
- (a) the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated or provided by you or any third party;
- (b) any other event not reasonably within our control.
6.5 – We do not give any commitments or accept any liability to you in respect of My Planned Care content provided by other users of the website or third parties.
6.6 – Terms set out here should be read in conjunction with our external links policy. You acknowledge and agree that we will not be responsible for any injury, loss or damage (whether direct or indirect) arising out of, or relating to the misuse of, or inappropriate reliance on the contents or advice provided via an external link on this website, except to the extent that such liability cannot be limited or excluded by law.
7 Attacks, unauthorised access and other violations
7.1 – You must not try to gain unauthorised access to the NHS My Planned Care Website, our services, the servers on which they’re stored, or any server, computer or database connected to them. You must not attack the NHS My Planned Care Website or services hosted on it in any way, (this includes denial-of-service attacks). We’ll report any attacks or attempts to gain unauthorised access to the site or service to the relevant law enforcement authorities and shall share information about you with them.
7.2 – You must not use the NHS My Planned Care Website:
- (a) to transmit any false, misleading, fraudulent, defamatory, offensive, or illegal communications;
- (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users
- (c) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms of use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data
8 Remedies
8.1 – To the extent that we are practically able to do so, we may terminate your access to all or any part of My Planned Care and services at any time without notice if you breach any of the terms.
8.2 – You may terminate your account registration using the “Deactivate my NHS My Planned Care Website account” link in your account pages. This will clear any personal information you have saved. Subscriptions to our emails can be terminated using the “Unsubscribe” links provided in the emails.
8.3 – We reserve the right to investigate complaints or reported violations of our terms and to take any action we consider appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user information, email addresses, usage history, IP addresses and traffic information.
9 General
9.1 – If any of these terms are determined to be illegal, invalid or otherwise unenforceable then the remaining terms shall remain in full force and effect.
9.2 – We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
9.3 – Your use of the NHS My Planned Care Website and these terms, together with any service specific additional terms, shall be governed by and interpreted in accordance with the laws of England, and you agree to the exclusive jurisdiction of the courts of England in respect of any disputes that may arise in relation to the NHS My Planned Care Website.
9.4 – The NHS My Planned Care Website is delivered for the Department of Health and Social Care by:
NHS NECS
John Snow House
Durham
DH1 3YG