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Dashboard End User Access Agreement (EUAA)

Your use of the Dashboard is governed by these terms and conditions and the provisions of the relevant Authorised User Data Access Conditions (“Data Access Conditions”).

1. Introduction

1.1 Please read these terms carefully before you start to use the Dashboard.   NHS Digital shall provide access and login details for the nominated named users   (“Authorised Users”) of approved organisations as detailed in the associated   Data Access Conditions (“Approved Organisations”).  Copies of the relevant Data   Access Conditions are in the email which was sent to you by the Department for Health and Social Care approving you as an Authorised User and are also  published on NHS Digital’s website. 

In this EUAA the term ‘you’ refers to an Approved Organisation and its named Authorised Users. The Approved Organisation is also responsible for ensuring that its staff (including its agents, contractors, and suppliers) comply with this EUAA and the associated Data Access Conditions under the terms of the Approved Organisation Access Terms which are published on NHS Digital’s website.

If the login details are not accurate or the named user is not an Authorised User for an Approved Organisation, then please cease access and contact NHS Digital using the contact details in section 20 below.

1.2 These terms (including Appendix A (Additional Third-Party Terms and Conditions)) should be read and agreed alongside the relevant Data Access Conditions for this Dashboard and the Approved Organisation Access Terms. Your access is limited to the Agreed Purpose(s) as defined in the Data Access Conditions.  

1.3 This is Version 2.0 of this Dashboard EUAA, which was most recently updated on 15 July 2020


2. Definitions

2.1 The following definitions are used in this EUAA: 

Agreed Purpose means the sole purpose by which NHS Digital is able to share the Data and the sole purpose which you should use it for, defined in the Data Access Conditions for this Dashboard;

 Approved Organisation means the Approved Organisation as detailed in an associated DAC;

Dashboard means the secure way for you to access and analyse Data and NHS Digital Content, which can be accessed by using the Login Details, as detailed in the Data Access Conditions;

Data means the data included in the Dashboard, as further detailed in the Data Access Conditions for this Dashboard;

Data Access Conditions or DAC means a separate set of terms available on NHS Digital website and supplied to you prior to receipt of your Login Details, which set out the scope, purpose and specific conditions by which you, the Authorised User may access the Data s;

End User Access Agreement or EUAA means this document (including the documents and links referred to in it), which together with the relevant associated DAC sets out the terms and conditions on which you may use the Dashboard;

Intellectual Property Rights means all intellectual property rights including copyright, database rights, trademarks and trade names, patents, topography rights, design rights, trade secrets, know-how and all rights of a similar nature or having similar effect which subsist anywhere in the world, whether or not any of them are registered and applications for registrations of any of them;

Law means any law or subordinate legislation within the meaning of Section 21(1) of the Interpretation Act 1978, bye-law, enforceable right within the meaning of Section 2 of the European Communities Act 1972, regulation, order, regulatory policy, mandatory guidance or code of practice, judgment of a relevant court of law, or directives or requirements with which either party is bound to comply;

Login Details means the Authorised User’s username and password to access the Dashboard;

NHS Digital Content means the material in the Dashboard, which includes: the Data; Login Details and associated information; website and portal designs; commercial data; information; text; standards; images; interactive services; reports; and any other works or materials.

Privacy Policy means that Dashboard transparency notice for this Dashboard and clause 5.1;

Virus means computer viruses, trojans, worms, logic bombs, disabling code or routines, or other materials which is malicious or technologically harmful; and

we, our, us, and NHS Digital are references to the Health and Social Care Information Centre, a non-departmental public body established under Section 252 of the Health and Social Care Act 2012. 


3. Terms of use

3.1 This EUAA (together with the associated DAC and the documents and links referred to in it) set out the terms and conditions on which you may use the Dashboard.

3.2 Only named Authorised Users of Approved Organisations may access the Dashboard.

3.3  By using the Dashboard, you are: (i) confirming you are an Authorised User of the Approved Organisation; (ii) accepting and consenting to the terms described in this EUAA and the associated DAC (such use of the Dashboard includes accessing, viewing, interacting with, logging in to, downloading materials or data from or using the Dashboard in any other way); and (iii) confirming that you accept this EUAA and the associated DAC, and that you agree to comply with it.


4. Changes and updates

4.1  We may make changes at our discretion to the content and features of the Dashboard, this EUAA, the associated DAC, the terms and conditions applicable to any third party tool, product, or service used to manage, analyse, or model any part of the Dashboard, Data or NHS Digital Content, the Privacy Policy, and any other policies or links applicable to your use of the Dashboard, at any time and for any reason without providing notice of those changes to you.

4.2 Every time you wish to use the Dashboard, please ensure that you understand and agree to the provisions that apply at the time.  The date of the most current version of this EUAA is set out above in clause 1.3. 

4.3 Your access and continued use of the Dashboard after an update has been made signifies your acceptance of those changes.  Depending on the update, you may not be able to use the Dashboard (or any of its functions, or access Data) unless you have accepted any new or additional terms.


5. Information about you and your choice of dashboard

5.1 When you access the Dashboard, we process information about you.  We will only use your personal information in accordance with our Privacy Policy.  By using the Dashboard, you warrant that all data provided by you for verification of identity, access, and security purposes is accurate.


6. Freedom of Information

6.1 The data rights and responsibilities of NHS Digital are governed by the Freedom of Information Act 2000, the General Data Protection Regulation 2016/679, and the Data Protection Act 2018.  Our policy and other information on this topic


7. Using the dashboard

7.1 Your status as a lawful user of the Dashboard is dependent on you remaining authorised by the Approved Organisation. We may give or remove access at any time at our discretion for any reason.  Your Approved Organisation and the Department of Health and Social Care must also authorise you to access the Dashboard.

7.2 You recognise that we may on occasion need to recall and resupply Data.

7.3 Our assumption is that your access to the Dashboard will be from within England, and we are not responsible or liable for your compliance with any local laws, should you seek to access the Dashboard outside of England.  We may limit the availability of the Dashboard to any person or geographic area at any time at our discretion.

(i) You recognise that the Dashboard is a service with other users, and that access or capacity may on occasion be limited. You will comply with any guidance as to fair use that may be given by us from time to time. You recognise that we may need to suspend or throttle usage that is in excess of fair usage at our discretion or where we consider it may impact other users.

(ii) Your use of tools available within the Dashboard may require you to agree to additional terms and conditions in relation to that feature before it may be used, and will at all times be subject to:  (i) us making that feature available to you; (ii) any controls and/or reasonable use restrictions which we put in place.  A current list of additional third-party terms is set out in Appendix A, and may be updated by us from time to time.

(iii) You acknowledge that we may audit all users’ usage of the Dashboard at any time. 


8. Accessibility and browsers

8.1 We aim to make the Dashboard accessible (subject to the controls) and comply with standards which should work on the majority of browsers in use.  However, we offer no warranty for the Dashboard working in any particular browser or configuration.  Please note that you may see inconsistencies in the presentation of pages if you are using an older or deprecated version of a browser, or the Dashboard may not work at all.  Learn more about information on accessibility 


9. Registration, login and security

9.1 In order to use the Dashboard and access certain content, systems, or features of the Dashboard, your Approved Organisation will first need to identify you as an Authorised User.  You may need to complete an online registration form and create or update Login Details.  These Login Details will consist of a user identification name and password.  You may be asked to provide additional information as required as part of our security procedures.

9.2 As a minimum, passwords you use to access the Dashboard must have a level of complexity which ensures they cannot be easily guessed by hackers or malicious software and be in accordance with Government best practice.

9.3 We may ask you to change your Login Details, or manually enter your Login Details from time to time as a security measure.  We do not recommend using biometric data (such as fingerprints or facial recognition) to store your Login Details if other people can also access your device using their biometric data.

9.4 You agree to provide true, accurate, current and complete information about yourself when registering for and using the Dashboard and you agree to keep this information up to date and accurate at all times.

9.5 Unless directly caused by us, you are responsible for, and agree to hold us harmless from, any unauthorised access or changes made to your Login Details or account resulting from shared or unauthorised access to your device or other individuals having access to your Login Details.

9.6 You must treat your Login Details as confidential and you must not disclose it to anyone.  If you know or suspect that anyone other than you knows your Login Details or that your access to the Dashboard has been compromised, you must promptly:  (i) notify the NHS Digital National Service Desk by emailing ssd.nationalservicedesk@nhs.net or by calling +44 300 303 5035; and (ii) if possible to do so, change your Login Details. 

9.7 If you cease to be authorised by the Approved Organisation at any time, then you must cease using your Login Details and accessing the Dashboard immediately. You or your Approved Organisation is required to notify us in writing.


10. Prohibited use of the dashboard

10.1  You may only use the Dashboard for lawful purposes and in accordance with this EUAA and the associated DAC, and agree not to access without authority, interfere with, damage or disrupt:

  1. any part of the Dashboard or any of the Data found therein;
  2. any equipment or network on which the Dashboard is stored;
  3. any software or services used in the provision of the Dashboard; or
  4. any equipment or network or software owned or used by any third-party.

10.2 You may not use the Dashboard:

  1. in any way that breaches this EUAA, the associated DAC or any applicable local, national, or international law or regulation;
  2. unlawfully, fraudulently, maliciously, or in any way that is harmful to NHS Digital or other users, or has any unlawful, fraudulent, malicious, or harmful purpose or effect;
  3. to send, knowingly receive, download, use or re-use any material which does not comply with this EUAA and the associated DAC;
  4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  5. to knowingly send or transmit any data that contains Viruses;
  6. with the Login Details of another user, or permit any unauthorised person to use your Login Details to use the Dashboard;
  7. in any way which would change the Dashboard or infringe on any Intellectual Property Rights in relation to using the Dashboard;
  8. in any way which attempts to unencrypt or otherwise intercept any transmission of data to or from the Dashboard or any applicable third parties; or 
  9.  in any way which could disable or compromise the security of the Dashboard, or that belonging to any third party, or interferes with the use of the Dashboard by other parties.

11. Intellectual property rights

11.1 NHS Digital is the owner or licensee of the Intellectual Property Rights in the Data, the NHS Digital Content, and any of the tools provided or used in the management, analysis, and modelling of Data.

11.2 Subject to clause 11.5, the Approved Organisation is here granted a revocable licence to allow its Authorised Users only to use the Dashboard, and a non-exclusive, non-transferable, suspendable, revocable, and limited right to view and use and copy the Data (including the taking of screen shots of the content e.g. for inclusion in reports and the downloading of the Data in a format that the Dashboard allows) for the Agreed Purpose(s) only where permitted under the terms of the DAC and Approved Organisation Access Terms . You may not use the Data, any copies of the Data, or any data derived from the Data for any other purposes. You may not sublicence the Data.

11.3 Unless otherwise permitted in writing, you do not have permission to use the NHS Digital name or branding.

11.4 You shall retain all attribution marks on the Data.

11.5 The Organisation’s licence to access the Dashboard may be terminated at any time.


12. Uploading content to the dashboard

12. 1 You may not upload, or attempt to upload, any content to the Dashboard.



14. Exclusion of liability

14.1 Nothing in this EUAA shall limit either party's liability to the other for: (i) death or personal injury resulting from the negligence of its employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited as a matter of Law.

14.2 Except as set out in clause 14.1, we shall in no circumstances be liable to you for:
(i) any loss of profits, revenue, opportunity, contracts, sales, turnover, anticipated savings, goodwill, reputation, business opportunity, production, or loss to or corruption of data (regardless of whether any of these losses or damages are direct, indirect or consequential); or 

(ii) any indirect or consequential loss or damage whatsoever (including where such loss or damage is of the type specified in (i)).

14.3 Except as set out in clause 14.1, we will 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:

(i) use of, or inability to use, the Dashboard;

(ii) any loss in connection with any error, omission, defect, Virus, or system failure; 

(iii) any loss or damage caused by a Virus which may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the Dashboard or in relation to your downloading of any content or data from the Dashboard, or on or from any third party website linked to the Dashboard; or

(iv) the content of third-party websites which may be linked on the Dashboard.

14.4 To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Dashboard or any data or content on it, whether express or implied.

14.5 Except as set out in clause 14.1, our total aggregate liability for any and all claims arising under or in connection with your use of the Dashboard regardless of form of action and whether in contract, tort (including negligence and breach of statutory duty) or otherwise is limited to £1.

14.6 You agree to reimburse us for any losses that either incurs as a result of your: (i) breach of, or failure to comply with, this EUAA and the associated DAC; or (ii) unauthorised use of the Dashboard.


15. Suspension/termination of use

15. 1 We do not guarantee that the Dashboard will always be available or that your use of the Dashboard will be uninterrupted.  Access to the Dashboard is permitted on a temporary basis.

15.2 We may suspend, withdraw, discontinue or change all or any parts of the Dashboard without notice and without compensation to you.

15.3 We may, at any time, suspend or terminate your Login Details and/or use of the Dashboard (in whole or in part) temporarily or permanently.  We may do this:  
(i)  if we, or a third party which provides some or all of the services related to the Dashboard, are making repairs, updates, or conducting maintenance on our tools and systems or those related to the third party companies or services;
(ii)  if we have concerns about the security of the Dashboard;
(iii)  if we suspect that your Login Details have been compromised or used fraudulently or in an unauthorised way;
(iv) if we suspect that you may be using the Dashboard or any data in a fraudulent or unauthorised way or in violation of this EUAA and the associated DAC;
(v) if there are legal obligations which we must meet;
(vi) if we are prevented from providing the Dashboard for any reason beyond our reasonable control;
(vii) if you have not accessed or used the Dashboard for a period of 12 months or more; or
(viii)  for any other reason at our absolute discretion. 

15.4 We will endeavour to give you advance notice of any suspension or termination but may not be able to do so in all circumstances.  We will not provide notice to you if providing that notice would compromise our security measures or is unlawful. 

15.5 You may request the reactivation of your Login Details if we suspended or terminated your access, but we are under no obligation to do so.

15.6 We will not be liable to you if for any reason any part of the Dashboard is unavailable or inaccessible to you at any time or for any period.

15.7 You can terminate your use of the Dashboard at any time by emailing ssd.nationalservicedesk@nhs.net and by no longer using your Login Details.  It is your responsibility to remove any saved Login Details from your device if you wish to terminate your use of the Dashboard, or if you change your device or otherwise dispose of it, or if you cease to be authorised by your Organisation.


16. Viruses

16.1 We do not guarantee or warrant that the Dashboard will be secure or free from Viruses, that the functions of the Dashboard will be uninterrupted or error free, that defects will be corrected, or represent the full functionality, accuracy, or reliability of the materials or data. 

16.2 You are responsible for configuring your accessing device in order to access the Dashboard safely.  You should use and maintain your own virus protection software.

16.3 You must not misuse the Dashboard by knowingly introducing Viruses.  You must not attempt to gain unauthorised access to the Dashboard, the server on which the Dashboard or related data is stored, or any server, computer or database connected to the Dashboard.  You must not attack the Dashboard via a denial-of-service attack or a distributed denial-of service attack. 

16.4 In using the Dashboard you are giving us, or an agent or representative appointed on our behalf, permission to:  (i) carry out an audit at any time and without notice to you in relation to your use of the Dashboard; and (ii) share information with your Approved Organisation in relation to that audit and its findings.


17. Confidentiality

17.1 You must: (i) keep the NHS Digital Content confidential, and shall not disclose it to any third party save where expressly permitted to do so in accordance with the terms of this EUAA and the associated DAC; and (ii) use the NHS Digital Content only in so far as is necessary for the Agreed Purpose, as defined in the DAC.

17.2 The restrictions on disclosure and use contained in this clause 17 shall not apply to the NHS Digital Content to the extent that it:

  1. is or was already in the possession of or becomes available to the you in either case free of any obligation of confidentiality;
  2. is required to be disclosed by the you by any applicable Law, or Parliamentary obligation, or governmental or regulatory authority having the force of law;
  3. is required to be disclosed to your professional advisers; or
  4. at the time of receipt by you, is in the public domain or after such receipt comes into the public domain other than as a result of breach by you, (including by your staff, contractors, agents and suppliers)  of this clause 17.

17.3 You shall be responsible for any unauthorised disclosure or use of the NHS Digital Content made by you and your staff (including by your staff, contractors, agents and suppliers), and shall take all reasonable precautions to prevent such unauthorised disclosure or use. 


18. How we may contact you

18.1 By registering to use the Dashboard and receiving Login Details, you are giving us permission to contact you from time to time by using any of the methods which you have authorised during the registration process.

18.2 You are responsible for keeping us updated if your contact details change.  We are not responsible if we are not able to contact you, or if your contact details are out of date.


19. Miscellaneous

19.1 If any part of this EUAA or the associated DAC or Approved Organisation Access Terms becomes or is held by a court to be invalid, illegal, or unenforceable, this will not affect the validity of the remaining provision which will remain in full force and effect.

19.2 Ceasing to use the Dashboard does not affect any provisions of this EUAA and the associated DACs which are expressly or by implication intended to continue in effect.

19.3 We may transfer our rights and obligations under this EUAA and the associated DACs to another organisation at any time and at our discretion.  You may not transfer your rights or obligations to anyone else, (but may apply for a new registration for the new organisation). 

19.4 No attempt by you to vary this EUAA or the associated DAC will be valid.

19.5 This EUAA, the associated DAC, their subject matter and formation (and any non-contractual disputes or claims), and the use of the website, are governed by English law.  We both agree to the exclusive jurisdiction of the courts of England in respect of any disputes or causes of action arising under these terms and conditions or the use of the Dashboard.


20. Contact us

20.1 If you have any queries in respect of your use of the Dashboard or this EUAA or    the associated DAC, please contact us by email or post at:

Email: ssd.nationalservicedesk@nhs.net

Include the following in your email subject line: Dashboard.

Post:   NHS Digital, 7 and 8 Wellington Place, Leeds, West Yorkshire, LS1 4AP, United Kingdom

Include the following reference in your letter: Dashboard.


21. Appendix A additional third party terms and conditions

1. NHS Digital may make certain third party tools, products, or services available to you from time to time which are used in the management, analysis, and/or modelling of any part of the Dashboard, NHS Digital Content, or Data.

In using the Dashboard, you must comply with the end-user obligations contained in such third-party terms and conditions (an initial list is referenced below). 

Your use of the Dashboard indicates your agreement to:  (i) be bound to, and to only use the Dashboard in accordance with the end-user obligations referenced below; and (ii) not use the Dashboard in a way which would cause NHS Digital to be in breach of its obligations in those third-party terms and conditions.

2. If you have any queries on your obligations under any of these third-party terms and conditions you should contact us as set out in clause 20.1 before using the Dashboard.

Third party entity  Third party terms and conditions 
Amazon web services inc. 

The Universal Service Terms (Applicable to All Services), and the specific service terms applicable to any particular product provided by Amazon Web Services Inc. associated with your use of the Dashboard, set out at aws.amazon.com/service-terms

The AWS Acceptable Use Policy set out at aws.amazon.com/aup

 

Last edited: 9 April 2021 9:33 am