Terms of use for the National Booking Service Staff Applications

1.1 These 'Terms of Use' relate to the Manage Your Appointment application, referred to in this document as the “Application”.

1.2 The National Health Service England makes the Application available on a free of charge basis, to be used by staff of organisations commissioned by the National Health Service England (holding a valid “ODS” code) to provide preventative health and/or vaccination services. Find more information about how to book, cancel or change an appointment can be found about the Application at the following link: https://www.nhs.uk/manage-your-appointments

1.3 The Application is made available to You for the purpose to allow You to:

• add user accounts for staff
• create appointment availability
• manage booked appointments
• view citizen appointment details

1.4 References in these terms to "the NHSE" means "the National Health Service of England" unless otherwise stated.

1.5 References in these Terms of Use to “We”, “Our” and “Us” are references to NHSE.  

1.6 All references to “You” or “Your” means you, the user, as an approved member of staff who will be making use of the Application as part of Your agreed role, operating at an NHSE approved location offering NHSE provided preventative health and/or vaccination services (the “Site”). 

1.7 Contact details: https://www.england.nhs.uk/contact-us/

2.1 You should read these Terms of Use before using the Application.

2.2 Whenever and irrespective of how You use the Application, You agree to operate in accordance with Our Terms of Use.

2.3 You may access and use the Application only if You agree to be bound by these Terms of Use as-is. If You do not agree, please do not access and/or use the Application.

2.4 You should also read:

2.4.1 Our training and onboarding materials provide instructions on how You should use the Application. You are able to use these training materials as appropriate to train, inform and update colleagues at Your Site, but these documents remain at all times the intellectual property of NHSE, and may be updated from time to time and without notification to You. 

2.4.1.1 Please note that any update or alternation to these documents, may not be or remain correct, unless made and published by the NHSE and it is Your responsibility to ensure that You make use of the correct and most up to date version of any documentation.

2.4.2 Our privacy notice in relation to the Application, sets out the terms on which We process any personal data that We collect from You, or that You provide to us in relation to Your use of the Application.  This privacy notice may be updated from time to time and if so, notification will be made to You through the Application the next time that You log on to it.

2.4.3 Our cookies policy sets out information about the cookies We collect and how We use them when You access and use the Application. This policy may be updated from time to time and without specific notification made to You, and it is Your responsibility to ensure that You understand the latest policy in operation from time to time.

2.5 We may, at any time and at Our sole discretion, amend these Terms of Use for any reason, in order to comply with any changes or update to the laws of England and Wales and/or to reflect any change made to the Application.  

2.5.1 Any time that these Terms of Use are updated, You will be notified through the Application and You will be automatically bound by any such amendment to these Terms of Use from the first time that You use the Application after publication of such amendment.

If you are a Site Manager:

3.1 Your Site is responsible for making all arrangements necessary for You to access the Application, including but not limited to provision of:

3.1.1 a secure internet connection,

3.1.2 an appropriate operating system and internet browser,

3.1.3 an appropriate device (such as laptop or tablet).  You should only access the Application from a secure work device.

3.1.4 Your own appropriate virus protection software,

3.1.5 all documentation, approvals and tests required, and completed, in order to have completed all assurance activities for Your Site, and

3.1.6 identification of those users that You need to operate at Your Site. There is no limit to how many accounts an organisation may have.

3.2 Our National Booking Service Onboarding team will initially set up those users that You have identified to be set-up at Your Site. However, it is then the responsibility of the Site Manager to manage and administer the user accounts at Your Site.

3.3 Any designated user of the Application, must:

3.3.1 have been invited to use the Application, and

3.3.2 hold a valid, live NHSE email address.

3.4  In every case, the credentials and details of Your NHSE email address will be used to log into the Application; therefore the password that You use to log into Your NHSE email account must meet the parameters defined within the NHSE Mail standards.

3.5 NHSE England aims to make the Application accessible to as many people as possible.  Please read further information on the accessibility of the Application.

3.5.1 The Application is designed to operate compatibly with the latest versions of Microsoft Edge, Google Chrome, Mozilla Firefox and Apple Safari, and uses ASP.NET which should work on the majority of browsers in use. However, We offer no warranty in respect of the Application 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 versions of any browser.

3.6 We have measures in place on the Application to keep Your data safe but it is important that You also play Your part to ensure data security – please visit the Government's Cyber Aware website for advice.

3.7 Your log-in details give You a personal right to access and use the Application; If others in Your organisation wish to access and use the Application, they should create their own account using their valid NHSE mail account. 

3.7.1 You agree to hold Your credentials private and securely at all times and not to share these details, nor allow them to be used by others under any circumstances.

4.1 You agree that:

4.1.1 before using the Application You will read all the training materials as provided at clause 2.4.1. You will only use the Application in the course of performing Your role as instructed by Your Site;

4.1.2 You will not use or attempt to use the Application to search for, view, share or otherwise use, any information or personal data relating to any person, other than as may be required for the performance of Your role and solely in the manner as instructed in the training materials and by Your Site.

4.1.2.1  It is important for You to understand and acknowledge, that if You do undertake any actions within the Application that involve You viewing, searching and/or using of any personal data, and which are not actions in direct relation to Your role and/or as instructed by Your Site, that You may be committing a criminal offence.

4.2 You shall not make any communications, public statements, social media or press announcements about the Application without the prior written consent of NHSE .

4.3 Subject to clauses 4.2 and 5.3, You shall not use NHSE England's name, logo or brand, or any other NHSE names, logos or branding without the prior written consent of NHSE, and in each case, only as permitted by the NHSE identity guidelines.

4.4 Please note that We do not guarantee that the Application will always be available nor that access to it will be error free or uninterrupted.

4.5 We may suspend, withdraw, discontinue or change all or any part of the Application without notice.

4.6 We do not guarantee that the Application will be secure or free from bugs or viruses.

4.4 You must not, in relation to Your use of the Application:

4.4.1 copy or distribute any documents or make the Application available to any other parties, at any time, other than as allowed by these Terms of Use;

4.4.2 transmit any material that is defamatory, offensive or otherwise objectionable;

4.4.3 collect any data from Our systems, or attempt to decipher any transmissions to or from Our servers;

4.4.4 use the Application in any way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users, nor attempt to reverse engineer any part of the Application;

4.4.5 use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use,

4.4.6 act fraudulently or maliciously (for example, by hacking into or inserting malicious code, such as viruses or harmful data), or use the Application in any way that constitutes improper use, nor

4.4.7 use or attempt to use the Application in any manner, not reasonably contemplated by these Terms of Use.

4.5 In the event of You undertaking any such actions as non-exclusively defined above in clause 4.4, We will consider this a breach of Your agreement to these Terms of Use and Your right to use the Application will cease immediately and Your user account will be decommissioned.

5.1 NHSE England owns and/or has the right to use, all intellectual property rights vested in the Application or as may be used for the provision of the Application. This includes rights in copyright, patents, database rights, trademarks and other intellectual property rights. All such rights are reserved.

5.2 These Terms of Use allow You to use the Application and any intellectual property rights in it for the purposes set out in clause 1.3, and subject always to these Terms of Use.

5.3 The Application is in-part built from open-source code, made available under Open Government License (“OGL”).  In the event that You use any such code outside of the Application, then You must do so in accordance with the open-source code rules.  

5.4 However, whenever You make use of the Application, You shall do so in compliance with the purpose, as defined at clause 1.3 and then may make use the copyright and database rights in the Application, provided that at all times that You follow these Terms of Use and the terms of the OGL.

5.5 The OGL terms do not apply to the following:

5.5.1 any logos, visuals, image rights, trademarks, trade names and design styles which are covered by copyright laws and except You may not alter, adapt, edit, modify or use any such material without express authorisation,

5.5.2 any other intellectual property rights, including but not limited to patents, design rights and trademarks,

5.5.3 personal data; or

5.5.4 information or components owned by any third parties

5.5.5 if You are in any doubt please contact us using the details as provided under clause 1 above.

6.1 You may stop using the Application and/or deactivate Your Application account at any time, for any reason. However, as soon as Your role at the Site ends, for whatever reason, all authorisation and rights that You have to use the Application will cease.

6.2 It is the responsibility of the Site Manager to remove exiting users’ access either before or on the actual date that the user is departing Your Site.

6.3 If You breach, or We suspect that You have breached or intend to breach, any of these Terms of Use, We may prevent You from accessing the Application and deactivate Your Application account.

6.3.1 If whatever breach action that You have done can be put right, We will tell You and give You a reasonable opportunity to do so.  This rectification may result in Your account being reactivated by Us.

6.3.2 However, if We determine, at Our sole discretion that Your action cannot be rectified, then We will terminate Your account. 

6.4 If We terminate Your account, and/or suspend Your access to the Application, We will notify You.

6.5 If You deactivate Your Application account or We end Your rights to use the Application:

6.5.1 You must stop all activities as authorised under these Terms of Use, including use of the Application; and

6.5.2 all rights granted to You under these Terms of Use shall automatically cease without further notice (although Your statutory rights - for example in respect of data protection as described in the privacy policy - are not affected).

7.1 Please read this clause carefully, as it sets out the limits of Our liability to You under these Terms of Use.

7.2 Although We shall make reasonable efforts to update the Application, it is provided to You "as is" and therefore, to the extent permitted by law, We make no representations, warranties or guarantees, whether express or implied (including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy), that:  (a) the Application is accurate, complete or up-to-date; (b) the Application will meet Your particular requirements or needs; or (c) access to, or use of, the Application will be uninterrupted or completely secure.

7.3 You acknowledge and agree that We will not be responsible for any injury, loss, damage, costs or expenses (whether direct or indirect) that arise or may be raised out of, or relating to the use or misuse of the Application, 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).

7.4 This means that We have no liability to You (or anyone else You may allow to use the Application) for any:

7.4.1 business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)

7.4.2 loss or damage where this is not caused by Our negligence

7.4.3 loss or damage arising from an inability to access and/or use the Application in whole or in part

7.4.4 loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your device, computer equipment, computer programmes, data or other proprietary material due to Your use of the Application.

7.4.5 other loss or damage whether arising under tort (including negligence), breach of contract, breach of statutory duty or otherwise.

8.1 You shall link directly to the Application over the internet, and You acknowledge that We reserve the right to move or change the associated is website’s URL address at any time, so that any bookmark that you may make of the link to the Application may become outdated.

8.2 We are not responsible for the content or reliability of any websites that may be presented by any such internet links in or accessible through the Application and We do not necessarily endorse the views expressed within any website that may be presented through such links. We cannot guarantee that these links will always work as We have no control over the availability of other websites.

8.3 If any part of these Terms of Use is determined to be illegal, invalid or otherwise unenforceable then all the remaining parts of these Terms of Use shall remain in full force and effect.

8.4 If We delay any enforcement of any terms under these Terms of Use, We can still enforce them later; if We do not insist right away that You follow the requirements within these Terms of Use, do not acknowledge immediately any breach that You may have done, or We delay in taking steps against You, this will not prevent us from taking steps against You or prevent Your need to follow any requirements to rectify any action You may have taken, at a later date.

8.5 We may transfer Our rights and obligations under these Terms of Use to another organisation. We will ensure that the transfer will not affect Your rights under these Terms of Use. You may not transfer Your rights or Your obligations under these Terms of Use to any other person at any time.

8.6 These Terms of Use set out the entire agreement between You personally and us in respect of Your use of the Application. 

8.7 These Terms of Use do not give rise to any rights for any third party to enforce any term under these Terms of Use.

8.8 We do not give permission to suggest that any other alternative application, products or website is associated with Our Application or endorsed by us.

8.9 The laws of England and Wales shall apply to these Terms of Use and to all matters relating to use of the Application. Any cause of action arising under or in connection with these Terms of Use or Your use of the Application shall be subject to the exclusive jurisdiction of the Courts of England.