The MedIComm Online IP Portal (the Portal) is a web-based platform operated by the University of Central Lancashire (granted university status under the Further and Higher Education Act 1992, an exempt charity) of Fylde Rd, Preston, Lancashire, England, PR1 2HE (UCLan; we, us, our).

By using this Portal you confirm that you accept these Terms and that you agree to comply with them.  If you do not agree to these Terms, you must not use the Portal.

1.  Purpose of the Portal

1.1  The Portal is part of the Medical Innovation & Commercialisation Accelerator Programme (MedIComm), which is a Partnership between UCLan and the four Lancashire NHS Trusts:

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• Blackpool Teaching Hospital NHS Foundation Trust

• East Lancashire Hospitals NHS Trust

• Lancashire Teaching Hospitals NHS Foundation Trust

• University Hospitals of Morcombe Bay NHS Foundation Trust

1.2.  The Portal is intended as repository of information relating to innovations primarily focused within the medical and/or clinical fields, and used to inform third parties of potential licensing opportunities in relation to such innovations. The Portal contains a form that can be completed and submitted by Portal users to enquire about taking an intellectual property licence in relation to such innovations.

1.3.  The Portal is made available free of charge and is available to the general public. UCLan may update and/or change the Portal from time to time.  

2.  Validity, Amendments to these Terms

2.1.  UCLan may amend these Terms from time to time by updating this page. You should check this page from time to time to review these Terms to ensure you accept any changes.

2.2.  UCLan may transfer UCLan’s rights and obligations under these Terms to another organisation. UCLan will always tell you in writing if this happens and UCLan will ensure that the transfer will not affect your rights under these Terms.

2.3.  UCLan does not exclude or limit in any way UCLan’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by UCLan’s negligence or the negligence of UCLan’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

3.  Your use of the Portal

3.1.  The Portal is based on the concept of free and public access to the content within the Portal for information purposes. Use of the Portal is free of charge. The content within the Portal should not be copied, altered, distributed or reproduced in any manner without the express written permission of UCLan.

3.2.  You warrant that any contribution you make on the Portal (namely, the completion and submission of any form relating to licensing enquiries) complies with the standards referred to in these Terms, and you will be liable to UCLan    and indemnify UCLan for any breach of that warranty.  This means you will be responsible for any loss or damage UCLan suffer as a result of your breach of warranty.

3.3.  You may not use the Portal:

3.3.1.  in any way that breaches any applicable local, national or international law or regulation;

3.3.2.  in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

3.3.3.  for the purpose of harming or attempting to harm any person in any way;

3.3.4.  to bully, insult, intimidate or humiliate any person;

3.3.5.  to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or

3.3.6.  to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3.4.  You also agree:

3.4.1.  not to reproduce, duplicate, reengineer or reverse engineer, copy or re-sell any part of the Portal (which shall include without limitation any website or platform upon which the Portal is sited and the content and/or information    contained within the Portal the ownership of which belongs to or is validly licensed by UCLan);

3.4.2.  not to access without authority, interfere with, damage or disrupt:

3.4.2.1.  any part of the Portal;
3.4.2.2.  any equipment or network on which the Portal is stored;
3.4.2.3.  any software used in the provision of the Portal; and/or
3.4.2.4.  any equipment or network or software owned or used by any third party.

4.  Viruses

4.1.  UCLan does not guarantee that the Portal will be secure or free from bugs or viruses.

4.2.  You are responsible for configuring your information technology, computer programmes and platforms to access the Portal. You should use your own virus protection software.

4.3.  You must not misuse the Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you will commit a criminal offence under the Computer Misuse Act 1990. UCLan will report any such breach to the relevant law enforcement authorities and UCLan will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal will cease immediately.

5.  Termination of Licensing Discussions

UCLan reserves the right to terminate or end any licensing discussions with any user of the Portal who submits a licence request form via the Portal at any point in time without prior notice and without specifying a reason.

6.  Data Protection

Data protection is a matter of particular importance to UCLan.  The relevant principles and regulations can be found in the Portal’s Privacy Notice.

7.  Warranty Exclusion, Third-Party Contents

7.1.  UCLan offers access to the Portal subject to the reservation that it can interrupt or discontinue all or part of the provision of the Portal at any time. UCLan does not guarantee either to you or to any other persons that the Portal is safe and fault-free at all times without interruption. It is used by you under your own responsibility. This shall apply in particular to the use of the Portal’s content. Nor does UCLan guarantee that the hardware and software used for the Portal operates fault-free at all times or that any faults in the hardware or software are corrected, and it does not assume any liability for damage arising from the use or impossibility of use of UCLan’s provision of the Portal, including loss of data or data integrity.  You are solely responsible for any damage to your computer system, or other items of technical equipment employed with a view to usage, for the loss of data or for other damage and also for third-party damage caused by you in this connection.

7.2.  UCLan gives no guarantee and gives no warranty regarding the correctness and reliability of the information, analyses and functionalities available within the scope of the Portal.

7.3.  UCLan has no control over the contents of third party websites or resources and using any third party link or reference should not be interpreted as approval by UCLan of those linked websites or the information that you may    obtain from them.

7.4.  You may link to the Portal’s homepage in the course of your own business activities, provided you do so in a way that is fair and legal and does not damage UCLan’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on UCLan’s part where none exists, which includes making a link or suggesting a link between you and the NHS Trusts appearing on the Portal. You must not establish a link to UCLan’s Portal on any website that is not owned by you. UCLan reserves the right to withdraw linking permission without notice. The website in which you are linking must not contain content or be of a nature that would have a negative impact on UCLan’s reputation. If you wish to link to or make any use of content on the Portal other than that set out above, please contact pleather1@uclan.ac.uk.

8.  Liability and Limitation of Liability

8.1.  UCLan does not exclude or limit in any way UCLan’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by UCLan’s negligence or the negligence of UCLan’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

8.2.  UCLan excludes all implied conditions, warranties, representations or other terms that may apply to the Portal or any content on it.

8.3.  UCLan 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:

8.3.1.  use of, or inability to use, the Portal; or

8.3.2.  use of or reliance on any content displayed on the Portal.

In particular, UCLan will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage encountered by any user of the Portal.

9.  Trade Marks and Other Proprietary Rights of UCLan

You acknowledge that any and all rights in the Portal (including without limitation intellectual property rights arising from the Portal and its content such as trade mark rights, patent rights, copyrights and licensing rights or other rights or comparable legal positions in the relationship, and other services or offerings of UCLan) vest in or are validly licensed by UCLan (including, for the avoidance of doubt the intellectual property rights which vest in the NHS Trusts appearing on the Portal). You are explicitly obliged not to make unauthorised use of any such content or to remove references to the proprietorship of UCLan (or its licensor) without the prior written consent of UCLan. In particular, you may not use the brand name of the Portal (currently “MedIComm Online IP”), copy, disseminate, sell, transfer or otherwise use, modify, make an adaptation of software or parts of the Portal nor seek to obtain source codes.  

10.  Applicable Law and Jurisdiction

Please note that these Terms, their subject matter and their formation (and any non-contractual disputes or claims), are governed by English law. You and UCLan both agree that the courts of England will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

These Terms should be read alongside the following additional documents, which also apply to your use of the Portal:

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• MedIComm Online IP Portal Privacy Policy