SCAN policies

The following disclose our user policies for this web site: www.scan.uk.net

USER POLICY

Please take a moment to read the following User Policy. If there is anything you do not understand, then please Contact Us.

The Specialist Clinical Addiction Network ("SCAN") is an organisation jointly supported by the Department of Health, the Royal College of Psychiatrists and the National Treatment Agency, with its primary object being to support specialists in the addiction field. SCAN provides this website as a resource for addiction psychiatrists, providing them with access to relevant information and an opportunity for online discussion.

1. Acceptance of this User Policy

Your access and use of this website located at www.scan.uk.net, including any and all content, information and materials provided within it (the “Content”) (together referred to as "our Website"), is subject to your acceptance of, and compliance with the provisions of this User Policy, which incorporates our Discussion Forum Policy, our Privacy Policy (which you should also read), and any other legal notices and/or instructions which may appear on our Website or within any Content from time to time (this “User Policy”).

IMPORTANT: By accessing and using our Website you will automatically be taken to have read, understood and accepted this User Policy. If there is anything you do not understand please Contact Us . If you do not agree to be bound by this User Policy please cease to access and use our Website and any of the Content found within it.

2. Our Website

Our Website is designed to provide news, information and guidance to addiction specialists. It provides you with a rich collection of on-line facilities, rights and obligations, the scope of which depends on whether you are:

• a consultant psychiatrist, specialist registrar or associate specialist working in addiction psychiatry in the UK or the Republic of Ireland who has registered as a SCAN member (see the section below on Registration and use of your data ("Member"); or
• an unregistered visitor,

(together “Users”).

Our Website has 8 primary components:

For all Users:

• a Homepage containing background information for all Users;

and for Members only:

• information about SCAN and contact details for our team;
• news;
• networks
• surveys and polls;
• resources (including a library of relevant publications, local protocols, editions of SCANbites and links to other websites we consider to be relevant to our Members); and
• discussion forums.

3. Your obligations

IMPORTANT: You may only use our Website (including any Content you access, copy or download) in connection with the provision of healthcare services or your own personal use, and in any event in accordance with this User Policy.

You agree:

• not to use our Website (including any Content) for your personal commercial gain (except in relation to your performance of contracted services to any Healthcare Organisation or your own private provision of healthcare services to members of the public) or to sell or trade in any of the Content or other material copied or downloaded from our Website or attempt to generate private business from other Users;
• not to change any of the text or images contained in our Website or merge them with any other text or images, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any of the Content, other than as specifically permitted in certain parts of the Website where specific licensing provisions are clearly displayed;
• to comply with any legal notices contained in our Website (including in any Content); and
• to respect and comply with the legal rights of others, in particular our rights, and the rights of our licensors (including other Members) (please see the paragraph on Ownership below) and any rights of individuals under the Data Protection Act 1998, the law of confidentiality, and the right of privacy under Article 8 of the Human Rights Act 1998.
  In addition you agree NOT to Submit to us for uploading onto our Website whether by post, email or by posting a message and/or attachment on a Discussion Forum or otherwise send (together “Submit” and Submission and Submitted shall be construed accordingly) or knowingly receive any Content or proposed Content which:
• is unlawful, illegal, fraudulent, offensive, threatening, abusive, harassing, tortuous, indecent, obscene, defamatory, invasive of another’s privacy, nor discriminatory whether racially, ethnically, sexually, religiously or otherwise, or which may incite or instruct any person or organisation to undertake such activities;
• contains any viruses, trojan horses, worms, time bombs or any similar component likely to cause harm;
• constitutes an advertisement, encouragement, or specific recommendation to trade in any specific share or security;
• contains forged headers or manipulated identifiers in order to disguise the origins of any Content;
• infringes our legal rights or the legal rights of any other User, Member or any other person or organisation; or
• passes you off as, or in which you impersonate any person or entity, including any healthcare organisation or member of the SCAN team, or otherwise misrepresents yourself or your connection with a third party in any way.

4. Submitting Content

In addition to Your obligations you shall only Submit proposed Content to us:

• in accordance with any instructions we may issue from time to time;
• which does not contain any information which may constitute investment advice under the Financial Services Act 1986. Under this Act it is a criminal offence to pass on any opinion (whether your own or another person’s) on investment merit and potential, unless you are subject to regulatory rules of membership of a self-regulating organisation; and
• in accordance with any legal rights of other persons, including any rights under the Data Protection Act 1998, the law of confidentiality, the right of privacy under Article 8 of the Human Rights Act 1998, or any other rights or which you are otherwise not entitled to so upload.
• You warrant and undertake to ensure that no copyright or other IP Rights (as defined in the section on Ownership and Licence below) will be infringed by either:
• your Submission of any proposed Content; or
• such proposed Content being accessed, downloaded and used (in accordance with this User Policy) by other Members.

IMPORTANT: Unless you include a clear legal notice, prominently positioned on the first page of any proposed Content you Submit to us, informing us of any restrictions in the use of such Content, it will be deemed that Members are free to access, download and use such Content as they see fit, in accordance with this User Policy.

IMPORTANT: We reserve the right to either block access to, delete or amend any Content which you have Submitted to us, as and when we deem appropriate (in our absolute discretion) from time to time, without notice to you.

If we receive any complaint in relation to any Content that you have Submitted, in addition to our right to block access to, delete or amend such Content, we shall also be entitled to terminate your access to our Website depending on the severity of the complaint.

Where we consider it appropriate, we will endeavour to contact you to inform you that a complaint has been received in relation to Content you have Submitted, the action that we have taken and our evaluation of the allegation, and what steps (if any) we require you to take.

5. Availability of our Website

We reserve the right to withdraw access to all or any part of our Website for periods of time in order to modify Content, scheduled maintenance and other purposes without notice to you.

Since you will receive our Website via third party telecommunications networks, you acknowledge that we cannot guarantee that the availability of our Website will be uninterrupted or error free. Similarly we cannot guarantee that the transmission of any information over such telecommunications networks will be secure nor that you will be able to access our Website at all times.

IMPORTANT: our Website is therefore provided to you on an “as is” and “as and when available” basis, and your use of our Website is at your own risk.

6. Registration and use of your data

In order to register as a Member you must be a consultant psychiatrist, specialist registrar or associate specialist specialising in addiction psychiatry in the UK or the Republic of Ireland and be registered as such with the Royal College of Psychiatrists.

In any event we may from time to time register persons as Members as we see fit.

When registering as a Member, you agree to provide accurate, up-to-date and complete information about yourself, as prompted by our Website ("Your Data") and to promptly update Your Data as and when any changes to Your Data occur.

In return we agree to use Your Data only in accordance with our Privacy Policy.

Members will receive a Username and Password. You are responsible for keeping your Password confidential and shall take all necessary steps to ensure that it is kept secure and not disclosed to any other person.

IMPORTANT: If you know or suspect that your Password has been disclosed to any other person you must Contact Us immediately and change your password. Please note that you are responsible for all activities that occur under your Password.

Where you are a Member and you cease to work as a consultant psychiatrist, specialist registrar or associate specialist specialising in addiction psychiatry in the UK or the Republic of Ireland and/or if your registration with the Royal College of Psychiatrists is terminated or suspended then you must immediately notify us (Contact Us) of this fact (so that we can remove your registration and rights of access as a current Member) and cease accessing any part of our Website other than the public areas.

7. Discussions Forums

You agree to only access and use our Website’s Discussion Forums in accordance with the Discussion Forum Policy.

8. Ownership and Licence

You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world, for the full duration of such rights (“IP Rights”) in our Website (including in the Content) are owned by us or our licensors (as appropriate), which include other Members.

Except for your use of the Content in accordance with this User Policy, you are granted no IP Rights in respect of our Website.

You may print, copy or download the Content provided always that:

• our Website and/or any Member or third party responsible for creating the Content, is the acknowledged source;
• all titles credits and URLs are included; and
• you comply with any legal notice contained in the Content.

This permission is revocable by us at any time.

All trade marks, logos, titles, brand and product names (“our Trade Marks”) which are featured in our Website are owned by us or our licensors (including the National Treatment Agency, Royal College of Psychiatrists and the Department of Health).

You may only use or refer to our Trade Marks which are included in Content downloaded, copied or printed by you in accordance with this User Policy. Otherwise you must not offer or distribute any products or services under or by reference to our Trade Marks, or otherwise reproduce any of our Trade Marks without our express written consent.

In relation to any proposed Content which you Submit, you grant to us a non-exclusive royalty free licence (which includes the right to grant sub-licences) to include such Content on our Website so that it can be made available by us as part of our Website and be viewed and downloaded by Users and used and exploited as they see fit, subject to them respecting any reasonable legal notice which you may place on such Content.

9. Links

Our Website contains links to websites which are not under our control. These links are provided for your convenience only. We are not responsible for the availability or content of such other websites, nor for any products or services available from them. Any such link should not be seen as an endorsement of such websites, or any products or services contained on them.

You should be aware that your use of such other websites may be subject to additional terms and conditions imposed by the owners of those websites. Your dealings with such third parties are between you and the third party, and we accept no liability as a result of you accessing such websites or entering into contractual arrangements with the operator in question.

10. Modifications

This User Policy (including the Privacy Policy and Discussion Forum Policy) may be amended from time to time, and we therefore suggest that you review it periodically.

11. Disclaimers

We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud by us, and nothing in this User Policy should be read as making any such limitations.

Please note that:

• we are unable to guarantee that our Website is virus and/or error free. You should always check Content before downloading. Any Content is downloaded by you at your own risk, and on the basis that you will be solely responsible for any damage to your computer system or loss of data that result from the download of such Content.
• we make no representations, warranties or endorsements about the information included in our Website or its accuracy (including in relation to any opinions or advice given, or any links to other websites). Anything on our Website is for information purposes only and does not constitute investment advice, legal or professional advice and should not be relied on without taking independent advice. Nor can we guarantee the prompt editing or removal of any inappropriate or inaccurate Content.

IMPORTANT: please note that you are solely responsible for any decisions you take based on the information contained in the Content.

On the basis that you are accessing our Website for business and commercial purposes (related to the provision of healthcare), you agree that, unless we specifically state otherwise we provide our Website to you without any conditions, warranties, or guarantees whether express or implied, including but not limited to any implied warranties or conditions as to the satisfactory quality or fitness for a particular purpose, which are expressly excluded to the extent permitted by law.

12. Our liability

We shall not be liable to you in contract, tort (including negligence) or otherwise for:

• any damage or loss arising from the consequences of viruses received by you via our Website or of our failure to provide our Website in accordance with this User Policy;
• any economic losses (including loss of profits) any indirect or consequential losses, loss of data, goodwill or reputation, or for any wasted expense including but limited to losses caused by viruses.

and any other liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to our Website and/or the Content is limited to £100.

In any event we will not be liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control including:

• strikes or labour disputes;
• acts of God, war, riot, civil action, malicious acts or damage, fire, flood or storm;
• compliance with any law, governmental or regulatory order, rule, regulation or direction, any act or omission of any government or other competent authority; and/or
• accident, equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment.

IMPORTANT: you acknowledge that, on the basis that you are accessing our Website free of charge, the disclaimers and limits on our liability contained in this User Policy (in particular Paragraphs 11 Disclaimer and 12 Our Liability) are fair and reasonable.

13. Your liability

We reserve the right to suspend or terminate your registration as a Member and/or your access to all or any parts of our Website without notice to you, if we reasonably believe you to have breached this User Policy.

You agree to indemnify us from and against any liability, loss, damage or expense caused to any person (including us, any other Member or User), to the extent such losses, damages and expense is caused by:

• your use of our Website or the use of our Website by any person who may be authorised by you or for whom you are responsible, or to whom you have disclosed your Password (whether inadvertently or not); and/or
• any Content which you Submit.

Again you acknowledge that this indemnity is appropriate and reasonable given that you are accessing our Website free of charge.

14. Termination

We are entitled to revoke your status as a Member or otherwise limit your right of access to our Website at any time:

• where you have materially or persistently breached this User Policy; or
• in any event on 1 week's notice.

Any Member is entitled to terminate its membership of SCAN at any time by notifying us of that decision (Contact Us).

15. General

Please note the following:

• any failure or delay by us to bring legal proceedings in relation to our Website, the Content or this User Policy shall not be regarded as a waiver of any rights. Indeed if we do waive any such rights, this shall not be regarded to be a waiver of any other or future rights we may have;
• if any paragraph, or part of any paragraph, of this User Policy is found by any Court, or other competent body to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, that part shall be deemed to be severable from this User Policy and the remaining provisions of this User Policy shall continue in full force and effect;
• the User Policy is not intended, nor shall it operate, to create a partnership or joint venture of any kind between us and you, and you are not authorised to act as our agent;
• no term of this User Policy shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 ("Act") by a third party, who is not a party to this agreement save for any other User who shall be entitled to exercise any rights it may have under that Act against you. Notwithstanding that any term of this User Policy may be or become enforceable by any other User, we shall be entitled to vary, amend, modify, suspend, cancel or terminate our agreement with you in accordance with the other terms of the User Policy, without their consent;
• you may serve any formal notice on us by Contacting Us, and we may serve a formal notice on you, by either first class post or email to the contact details you Submitted upon registration (as may be updated by you from time to time) and such notice will be regarded as formally received by the other on the next day that is not a weekend or a bank holiday;
• this User Policy represents all the terms and conditions of your agreement with us that arises automatically when you use our Website, and supersedes any previous agreements between us relating to your use of our Website. If there are any inconsistencies between our Discussion Forum Policy, our Privacy Policy or any legal notices or instructions, and the terms and conditions set out on this webpage, then the latter shall prevail.
• you acknowledge that (in relation to your use of our Website) you have not relied on any statement, representation, warranty or understanding made by us or on our behalf (whether or not made negligently) other than those expressly set out in this User Policy;
• this User Policy shall be interpreted in accordance with English Law and you and we Submit to the exclusive jurisdiction of the English Courts.

16. Contact Us

You can contact us by sending an e-mail message to: scan@nta-nhs.org.uk

Or by writing to us at:
SCAN
Skipton House, 6th Floor
80 London Road
London SE1 6LH
T: +44(0)20 7972 1982