Acceptable Use Policy

1. Introduction

1.1 These Acceptable Use Terms ("Terms") apply between you, the user of the HealthcareBase website at https://www.healthcarebase.co.uk and the HealthcareBase web application at https://app.healthcarebase.co.uk (together, the "Platform"), and Healthcare Base Limited, a company incorporated in England and Wales ("HealthcareBase", "we", "us").

1.2 Please read these Terms carefully, as they affect your legal rights. Your agreement to comply with these Terms is deemed to occur upon your first use of the Platform.

1.3 These Terms must be read in conjunction with our Customer Agreement, Privacy Policy, and Cookie Policy.

1.4 You must be at least 18 years of age to use the Platform.

2. Intellectual Property and Acceptable Use

2.1 All content included on or forming part of the Platform, including text, graphics, data compilations, NHS Data displays, software, page layout, underlying code and any other form of information (collectively, "Platform Content"), is the property of Healthcare Base Limited, our licensors, or other relevant third parties. By using the Platform, you acknowledge that such content is protected by copyright, database rights, trademarks and other intellectual property rights.

2.2 You must not reproduce, modify, copy, distribute or use for commercial purposes any Platform Content without our prior written permission, except as expressly permitted under these Terms and your Customer Agreement.

2.3 Subject to your Customer Agreement and applicable Plan, you are permitted to view and use NHS Data made available through the Platform for your own internal business purposes, including market analysis and identifying NHS trusts in need of products or services. For the avoidance of doubt, "internal business purposes" means use for your own organisation's decision-making and does not extend to making the Platform or NHS Data available to third parties, reselling insights as a service, or providing the Platform's functionality on behalf of others.

3. Prohibited Use

You will not:

(a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or Platform, unless such restriction is not permitted by applicable law;
(b) resell, redistribute, sublicense or otherwise provide access to the Services or Platform to any third party;
(c) extract, compile or commercialise NHS Data or any derivative data obtained through the Platform as a standalone product, dataset or service, or use it as part of any data reselling, data brokerage, or data-as-a-service activity;
(d) modify, translate or create derivative works based on the Services or Platform;
(e) attempt to exceed or circumvent any limitations on use of the Services, including those relating to NHS Data access, Seat limits or Plan restrictions;
(f) use the Services or Platform for timesharing or service bureau purposes, or for the benefit of any third party;
(g) remove any proprietary notices or labels from the Platform or any associated materials;
(h) share your login credentials or passwords with any other person, or otherwise allow any person to access the Services under your individual account without authorisation (this prohibition does not apply to an Administrator adding authorised Users within the Seat allocation in accordance with the Customer Agreement);
(i) permit or facilitate any third party to access or use the Services on their behalf through your account;
(j) attempt to circumvent security or access controls, or tamper with, probe, scan, test the vulnerability of or otherwise disrupt the Platform or any associated systems;
(k) upload, transmit or otherwise make available through the Platform any viruses, malware, Trojan horses or any other malicious software;
(l) upload, transmit or otherwise make available through the Platform any content that infringes any intellectual property rights or data protection or privacy rights of any third party, is defamatory, unlawful, obscene, threatening, or discriminatory on any ground;
(m) impersonate any person or entity, or misrepresent your relationship with any person or entity;
(n) engage in any fraudulent activity or provide false identity information;
(o) attempt to gain or enable unauthorised access to the Platform or its related systems; or
(p) use the Platform in any way that violates applicable law or regulation, including applicable data protection law.

4. NHS Data — Specific Restrictions

4.1 The NHS Data made available through the Platform is sourced from publicly available data published by NHS England (which since August 2023 incorporates NHS Digital) and other public NHS bodies. It is provided solely to assist with legitimate market analysis and commercial decision-making.

4.2 You must not:

(a) resell, redistribute or commercialise NHS Data extracts obtained through the Platform as a standalone product, dataset, service, or as part of any data reselling, data brokerage, or data-as-a-service activity;
(b) use NHS Data obtained through the Platform for any purpose that is unlawful or misleading, or contrary to the policies of NHS England governing the use of their public data;
(c) present NHS Data in a manner that could bring the NHS or Healthcare Base Limited into disrepute; or
(d) misrepresent the source, accuracy or currency of NHS Data to any third party.

4.3 You may publish insights, analyses or reports derived from NHS Data accessed through the Platform, provided you do so in a manner consistent with Clause 4.2 above.

5. Availability and Disclaimers

5.1 The Services and Platform are provided "as is" and "as available". We give no warranty of fitness for a particular purpose, accuracy of information, compatibility or satisfactory quality.

5.2 The NHS Data made available through the Platform is sourced from third-party public bodies. We make no warranty as to its completeness, accuracy or timeliness. You are responsible for independently verifying any data before relying on it for commercial or operational decisions.

5.3 We reserve the right to alter, suspend or discontinue any part of the Services or Platform at any time.

6. Limitation of Liability

6.1 Nothing in these Terms limits or excludes either party's liability for death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation, or in any way not permitted under applicable law.

6.2 To the maximum extent permitted by law, we accept no liability for any business losses (including loss of profits, revenue, contracts or goodwill), loss or corruption of data, or any special, indirect or consequential loss or damage.

7. Consequences of Breach

7.1 Any breach of these Terms may constitute a material breach of your Customer Agreement. Without prejudice to any other rights or remedies, we reserve the right to, at our sole discretion and with or without prior notice where urgency requires:

(a) immediately suspend your and your Users' access to the Platform and Services;
(b) terminate your Customer Agreement in accordance with its terms;
(c) take legal action against you for any losses, damages or costs we suffer or incur as a result of your breach; and/or
(d) disclose information to law enforcement authorities if we reasonably believe a criminal offence has occurred.

8. General

8.1 These Terms may be updated by us from time to time. Revised Terms will apply from the date of publication. Where changes are material, we will make reasonable efforts to notify you.

8.2 These Terms are governed by and interpreted in accordance with the laws of England and Wales. All disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

9. Contact

Healthcare Base Limited — support@healthcarebase.co.uk — https://www.healthcarebase.co.uk