Terms and Conditions of Use

We are committed to continue to build a databank of de-identified patient records to help produce benchmark values for different cultures and communities, as well as to help with more sophisticated validation. These Terms and Conditions of Use govern your use of all the pages of the website www.PostopQRS.com (the "Website") and the Post-operative Quality of Recovery Scale platform (the "PostopQRS Platform") which is made available through the Website.

The Website and the PostopQRS Platform are provided to you by PostopQRS Ltd, with a registered office at Regina House, 124 Finchley Road, London NW3 5JS, United Kingdom. Company number 11080854 (hereinafter referred to as "We" or "Us").

1. ACCESS TO OUR WEBSITE
   1. Access to the Website and the PostopQRS Platform is permitted on a temporary basis. We reserve the right to withdraw or amend their content without notice. From time to time, We may restrict access to some parts of or to the entire Website and/or PostopQRS Platform. You should not rely on the Website or the PostopQRS Platform and the primary basis for storing patient records. We will not be liable for any losses arising from the unavailability of the Website or the PostopQRS Platform at any time or for any period.
   2. If you are using the Website and/or the PostopQRS Platform you accept these Terms and Conditions of Use. If you do not wish to be bound by these Terms of Use you should leave the Website.
   3. In order to access the Website and/or PostopQRS Platform, you may need to register as a user in accordance with these Terms and Conditions of Use.
   4. We may amend these Terms and Conditions of Use at any time. Any amendments will be posted to the Website and you shall be bound by such amended terms 15 (fifteen) calendar days after the date of posting or earlier upon your use of the Website and/or the PostopQRS Platform.
   5. We shall be entitled at any time to:
      1. alter the design or presentation of the Website and/or the PostopQRS Platform without notice to you and without incurring any liability;
      2. delete, remove or suspend the whole or any part of the Website, including any content or data that you provide, without notice to you and without incurring any liability; and/or
      3. block or withhold your access to the Website if We suspect that:
         1. you may have breached any of these Terms and Conditions of Use;
         2. We incur any liability in connection with the Website; or
         3. if your use of the Website or content is otherwise inappropriate.
2. LICENSE AND INTELLECTUAL PROPERTY RIGHTS
   1. We own all intellectual property and other rights and goodwill in or relating to the Website, PostopQRS Platform, and/or other materials provided on the Website, including the Website's and PostopQRS Platform's source code, name, logo.
   2. We hereby grant you a worldwide, royalty-free license to use the PostopQRS Platform, the Website, and/or any training guides for the purpose of data entry and analysis within the framework of your Post-operative Quality of Recovery Scale research or audit project, provided you undertake:
      1. to comply with these Terms and Conditions of Use;
      2. to read all training guides (written/video) on this Website prior to using the PostopQRS Platform for research or clinical use;
      3. to ensure that the survey questions that define the PostopQRS will remain concordant to the publication in Anaesthesiology, or any subsequent revisions thereof, even though some aspects such as timing of repeated measurements of the PostopQRS will vary according to the trial design. Royse CF, Newman S, Chung F, Stygall J, McKay RE, Boldt J, Servin FS, Hurtado I, Hannallah R, Yu B, Wilkinson DJ. Development and feasibility of a scale to assess postoperative recovery: the Postoperative Quality of Recovery Scale. Anesthesiology 2010;113:892-905.
   3. Except as expressly specified in this Section 2 or as clearly stated on the Website, nothing in these Terms or Conditions of Use may be construed as granting any licence or right to use any intellectual property related to the Website or the PostopQRS Platform.
3. INFORMATION YOU PROVIDE
   1. We process information about you in accordance with our Privacy Policy.
   2. By using the Website, you agree to the processing as described in the Privacy Policy and you undertake to ensure that all data that you provide is accurate and has been anonymised such that it is no longer personal data (as defined in the General Data Protection Regulation (2016/679)).
   3. When uploading data or transmitting any content onto the Website and/or PostopQRS Platform, you represent and warrant that:
      1. you have secured any regulatory and ethics committee approvals that are relevant to your institution and country to enter and store the data on the Website and/or PostopQRS Platform;
      2. any personal data as defined under the General Data Protection Regulation (2016/679) has been anonymised as set out in the Information Commissioner's Office's Anonymisation Code of Practice (please see https://ico.org.uk/for-organisations/health/);
      3. you own or otherwise have the right to use all intellectual property and other rights in or relating to the uploaded content, and that you have the right to provide the enter the content into the Website and/or the PostopQRS Platform.
   4. To the extent necessary, you hereby grant Us a worldwide royalty-free licence, (including the right to sub-license and/or transfer), to use any data or content uploaded onto the Website and/or PostopQRS Platform, including any and all anonymised patient data, for the purpose of:
      1. creating a data pool to create benchmark data for the PostopQRS Platform,
      2. developing computerised applications, and
      3. the analysis, presentation and publication of anonymised exemplar data. This includes analysis, presentation and publication of grouped PostopQRS data, so as to inform the scientific community of scientific developments concerning quality of recovery
4. REGISTRATION AND PASSWORDS
   1. You may access the Website without registering. However, in order to access the PostopQRS Platform, you will need to validate your email address, register your account, create a profile and provide us with a description of your Post-operative Quality of Recovery Scale research or audit project, including but not limited to information on:
      1. title of your research or audit;
      2. hypothesis or purpose;
      3. numbers;
      4. patient cohort details;
      We may, at our sole discretion, refuse to register you or terminate the registration of a registered user at any time without providing reasons for doing so. You will be required to choose a username and password. You are responsible for all actions taken under that username and password and shall only use the Website using your own username and password. You must keep your password safe and should not disclose it to any other person. You must not transfer your username to any other person. You must not permit, either directly or indirectly, any other person to use your username and password.
   2. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
5. PROHIBITED USE
   1. You must use the Website and/or PostopQRS Platform in a positive and responsible way, respecting the rights and position of others and only for lawful purposes. In particular, but not limited to the following, you may not use our Website:
      1. in breach of any applicable local, national or international law or regulation, whether criminal or otherwise; or in a manner which could have the effect of placing Us or any other person in any breach of the local, national or international law or regulation;
      2. in breach of any obligations or duties of confidentiality, or in breach of any obligations on you under the General Data Protection Regulation 2016/679 specifically, you will not upload, store or process any identifiable personal data on the website or any other local data protection laws;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. in any way which contravenes the virus and hacking provisions as set out in Section 6 (Viruses, Hacking and Other Offences);
      5. to upload, post, email or otherwise transmit any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, insulting, false, misleading, unreliable, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;
      6. to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
      7. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the system;
      8. to upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      9. to change the questions contained within the PostopQRS scale; Royse CF, Newman S, Chung F, Stygall J, McKay RE, Boldt J, Servin FS, Hurtado I, Hannallah R, Yu B, Wilkinson DJ. Development and feasibility of a scale to assess postoperative recovery: the Postoperative Quality of Recovery Scale. Anaesthesiology 2010;113:892-905.
      10. to upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes";
      11. to interfere with or disrupt our Website's system or servers or networks connected to our Website's system, or disobey any requirements, procedures, policies or regulations of networks connected to our Site's system;
      12. to collect or store personal data about other Website users without their knowledge;
      13. upload files which contain an active hypertext link to another web site; or
      14. to promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
6. VIRUSES, HACKING AND OTHER OFFENCES
   1. You must not misuse the Website by knowingly introducing viruses, trojans, corrupted files, worms, logic bombs or other material which is malicious or technologically harmful.
   2. You must not attempt to gain unauthorised access to, interfere with, damage or disrupt the Website, the server, equipment or network on which our Site is stored, any software used in the provision of the Website or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
   3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or material posted on it, or on any website linked to it.
   4. You must not reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Terms and Conditions of Use.
7. SUSPENSION AND TERMINATION
   1. We will determine, in our discretion, whether there has been a breach of these Terms and Conditions of Use through your use of the Website. Failure to comply with these Terms and Conditions of Use constitutes a material breach of the Terms and Conditions of Use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
      1. immediate, temporary or permanent withdrawal of your right to use the Website;
      2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
      3. issue of a warning to you;
      4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      5. further legal action against you; or
      6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
   2. The responses described in these Terms and Conditions of Use are not limited, and we may take any other action we reasonably deem appropriate.
8. OUR LIABILITY
   1. The material displayed on the Website and/or PostopQRS Platform is provided without any guarantees, conditions or warranties as to its accuracy, quality or suitability for any particular purpose. Information contained on the Website and/or PostopQRS Platform has been compiled and obtained from sources believed to be reliable and credible but all such information is provided 'as is' without warranty of any kind either from us or contributors to the site. We do not control and are not responsible for any information uploaded by users. We do not warrant the accuracy of this or any other information in any respect and we cannot be held liable for any use you may make of it or any reliance you may place on it.
   2. We hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and make no representation or warranty, express or implied, as to the accuracy or completeness or satisfactory quality or fitness for a particular purpose of the information on the Website and/or PostopQRS Platform. To the maximum extent permitted by law, and subject to Section 8.5, we hereby expressly exclude liability for:
      1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
      2. any direct, indirect or consequential loss or damage incurred by you or any user in connection with the Website, or in connection with the use, inability to use, or results of the use of the Website and/or PostopQRS Platform, any websites linked to it or embedded within it and any materials posted on it, including, without limitation any liability for:
         1. loss of income or revenue;
         2. loss of business;
         3. loss of profits or contracts;
         4. loss of anticipated savings;
         5. loss of data;
         6. loss of goodwill;
         7. wasted management or office time; and
         8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if reasonably foreseeable, provided that this condition shall not prevent claims for loss of, or damage to, your tangible property.
   3. Every effort is made to keep the Website and/or PostopQRS Platform up and running smoothly, however we take no responsibility for, and will not be liable for, the Website being unavailable.
   4. Any recommendation or other information on any area of the Website and/or PostopQRS Platform is used by you at your own risk. The content of the Website and/or PostopQRS Platform is for general guidance only and should not be regarded as constituting legal or business advice or opinion. Legal and business advice should be sought and taken in relation to the specific circumstances of each case and nothing appearing on this Website is intended to be a substitute for obtaining specific legal and/or business advice from a competent professional.
   5. The provisions of this Section 8 do not limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
   6. Notwithstanding Clause 8.5, our liability under or in relation to the Website in respect of all claims (whether for negligence, breach of contract or otherwise) will be limited to £50. You agree to indemnify and hold us harmless against all liabilities, claims and expenses that may arise from any breach of these Terms of and Conditions Use by you, your employees or agents from any use of the Website or from any of the information provided by you.
9. JURISDICTION AND APPLICABLE LAW
   1. The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website and/or the PostopQRS Platform.
   2. These Terms and Conditions of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
10. INVALIDITY
    1. If any term of these Terms and Conditions of Use is held to be invalid or unenforceable by judicial decision, the rest of the terms shall remain valid and enforceable.
11. YOUR CONCERNS
    1. If you have any concerns about material which appears on our Site, please contact Tariq Osman at PostopQRS Ltd via

       e: support@postopqrs.com