Terms and conditions of your use of the Right Decisions Platform (RDP)

1.1 By using the RDP, you accept and agree to be bound by these terms and conditions in full. If you don’t agree with any or all of the terms and conditions, you must not use the RDP.

1.2 HIS may amend these terms and conditions from time to time as the RDP and wider RDS evolve. The most current version of the terms and conditions will be made available on the RDP and will supersede all previous versions. You agree that your continued use of the RDP after these terms and conditions have been updated or changed constitutes your acceptance of the revised terms and conditions.

In these terms and conditions, the following words shall have the following meanings:

Content means digital decision support content in whatever format, including text, graphics, images, software, videos, audio files, toolkits and any other media that is created, transmitted, stored, published and/or accessed via the RDP.  Includes content that is publicly available, password protected, kept private or shared using the RDP.

Professional User means you where you are an individual accessing the RDP in your capacity as a professional involved in supporting health and social care across Scotland.

3.1 The RDP enables you to access Content through the Right Decisions website and downloadable mobile app - via Apple or  Android

3.2 You do not need to register to use the RDP, and no other action needs to be taken by you to access the RDP. 

3.3 You are not eligible to access Content unless at least 16 years old.  If you are under the age of 16 you may only access Content on the RDP if: (i) such use has been approved of by your parent or legal guardian, (ii) you use the RDP under parental or legal guardian supervision, and (iii) your parent or legal guardian agrees to these terms and conditions on your behalf.

3.4   Professional Users may signpost the general public, patients, their family and/or carers to patient- and public-facing content available through the RDP as part of their care and wellbeing journey – for example, to support self-management and shared decision-making. Members of the public using Content accessed via the RDP must do so with the support of professional or specialist advice.

3.5  If you are a Professional User of the RDP,  you should always use your own professional judgement in connection with your use of the RDP and Content within it.  You need to remember that RDP decision support tools are simply a way of presenting evidence and guidance to inform but not direct decision-making. RDP tools are one of several sources of information which should be considered in making a decision – including assessment of individual needs of the patient or service user,  consideration of their circumstances and factors, and their preferences and values.

3.6  HIS may from time to time engage third parties to provide technical or other services relating to all or part of the RDP. By using the RDP you are agreeing that such third party involvement is acceptable.

4.1 Copyright in the Content on the RDP is either owned by HIS or licensed to HIS from third party Content providers.

4.2 Subject to compliance with the licence terms set out in clause 4.3 below, HIS gives you permission to view the Content on the RDP website and mobile app and to use it for your own personal and information purposes only.

You agree not to:

• upload, download, edit, modify, create derivative works, or re-use any Content without authorisation. You may only perform these actions if you have the copyright owner's permission or are permitted to do so under a licence agreement – e.g. from an Open Access database or under a Creative Commons licence;
• copy, download, store or distribute Content;
• use the RDP in any way that infringes any copyright, database right, trade mark or other intellectual property right of any other person;
• use the RDP in any way that breaches any applicable local, national or international law or regulation;
• decompile or otherwise attempt to extract source code from any RDP software, unless expressly permitted to do so under an open source licence or where HIS has provided express written permission to do so;
• cause damage to or affect the performance, availability or accessibility of the RDP;
• use the RDP in any way that is unlawful, illegal, fraudulent or harmful or that advocates, promotes or assists any unlawful act, or that may deceive any person;
• use the RDP in any way that is threatening, abusive or invades another's privacy;
• use the RDP in any way that is defamatory of any person, obscene, offensive, hateful or inflammatory in any way, or that promotes sexually explicit material, violence, or discrimination of any kind; 
• use the RDP to host or disseminate any malicious computer software;
• scrape or mine data without explicit permission;
• use any part of any Content for commercial purposes;
• upload, post, email, message, transmit or otherwise make available or initiate any content that includes any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation whether it be for commercial or non-commercial purposes. This prohibition includes but is not limited to using RDP email capabilities to:
  • Send messages to people who do not know you or who are unlikely to recognize you as a known contact;
  • Connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or
• access without authority, interfere with, damage or disrupt:
  • any part of the RDP;
  • any equipment or network on which the RDP is hosted;
  • RDP software or any software used in the provision of the RDP.

5.1 HIS will only use personal data as set out in the HIS privacy statement which provides information about how HIS processes any personal data provided by you, in accordance with applicable data protection legislation.

5.2 If you use the RDP feedback form, you will be asked to provide an email address so that the RDS team can respond to your comments. This email address is not stored in the RDP platform. It is sent to a secure NHS email address within HIS.  A record of the enquirer, comment and response will be stored within the HIS secure Intranet in compliance with local information governance procedures.

6.1 When you enter the RDP, your computer will automatically be issued with a number of small text files known as “cookies”. These cookies are used to make the RDP run more efficiently, and allow the web server to remember and store your preferences as you travel throughout the RDP.  HIS also uses cookies to track visitor interaction with the RDP.

6.2 The RDP uses third party cookies from Google Inc in order to use Google Analytics to track usage of the RDP. This enables the RDS team to monitor usage of content and identify areas for improvements to the RDP. Google Analytics uses random IDs and do not get any personal data from the RDP.  Google provides more information on privacy and how this applies to Google Analytics.

6.3 The RDP also uses Microsoft ASP.Net cookies to identify when a visit to the RDP has ended and another one begins.  No person-identifiable data is held in these cookies, and they are deleted whenever you close your Internet browser.

6.4 Some toolkits delivered by the RDP contain embedded videos from Vimeo and Youtube. Both these video platforms use cookies to gather analytics about usage of their content. No person-identifiable data is held in these cookies.

6.5 By using the RDP, you consent to the use of cookies and the processing of information in the manner and for the purposes set out above. ​

7.1 The RDP may contain links to third party websites and applications and/or include, link to, or reference third party resources, materials, software, and / or developers (“Third Party Links”).

7.2 HIS has not verified the content of any Third Party Links.

7.3 HIS are not responsible for, nor have any control over, Third Party Links or their content.

7.4 Third Party Links are provided for your convenience only. Any third party material downloaded or otherwise obtained by you through your use of the RDP is done so at your own risk.

7.5 HIS do no endorse, recommend or approve any advice, opinions, information, products or services expressed within Third Party Links.

7.6 HIS shall not be responsible or liable to you for any difficulties you experience or any losses, damage, harm or distress caused in connection with your use of Third Party Links.

7.7 Your use of any downloaded software and/or material accessed via a Third Party Link will be governed by the terms of the licence agreement, if any, which accompanies or is provided with the software or material.

7.8 To the extent permitted by law, HIS excludes liability for any loss or damage suffered by you arising in connection with your use of Third Party Links, including but not limited to your use or any third party downloadable software or material accessed via the RDP or any purchase or use made by you of any product advertised via a Third Party Link.

8.1 The RDP is directed to people residing in Scotland. HIS do not represent that Content available on or through the RDP is appropriate for use or available in other locations.

8.2 You use the RDP and access its Content at your own risk. To the extent permitted by law, HIS excludes liability for any loss or damage suffered by you arising out of or in connection with your use of, or inability to use of the RDP, the RDS, and any Content. 

8.3 Content on the RDP is for general health information purposes only. The RDP is not intended in any way to replace the advice of qualified health professionals. If you are concerned about your health, you should always seek help from a qualified health professional. To the extent permitted by law, HIS excludes liability for any loss or damage suffered by you arising as a result of any reliance placed on the RDP or any Content.

8.4 The RDP is provided on an “as is” and “as available” basis.  HIS does not provide any warranty as to the:

• RDP meeting all of your requirements;
• availability of the RPD or Content provided on it; or
• completeness or accuracy of the Content on the RDP.

8.5 HIS cannot guarantee that provision of the RDP will be uninterrupted, timely, secure, free from bugs or viruses, or error-free. Where errors in the RDP are identified, HIS cannot give any guarantee that these errors will be corrected.

8.6 To the maximum extent permitted by law, HIS expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

• Subject to clause 8.8, HIS shall not be liable for any indirect losses.

8.8 HIS does not exclude or limit its liability where it would be unlawful to do so. As such, HIS does not exclude liability for death or personal injury, fraud or any other liability that cannot be excluded or limited by law.

9.1 HIS reserves the right to monitor any and all use of the RDP, and investigate any activity HIS suspects violates these terms and conditions, HIS’ rights or interest, or the rights or interests of any person or entity.

9.2 If you violate, or HIS suspects you’ve violated, these terms and conditions, HIS reserves the right to:

• send you formal warnings
• suspend or permanently block your access to the RDP
• take legal action against you

10.1 HIS may close, change or stop publishing Content on the RDP at any time without notice or explanation. You will not be entitled to any compensation as a result of termination or change to the RDP.

10.2 HIS may, at its sole discretion, implement new elements as part of and/or ancillary to the RDP, including changes that may affect the previous mode of operation of the RDP. HIS intends that any such modifications will enhance the overall RDS.

10.3 If you find that any modifications to the RDP or service interruption adversely affects you, you may notify the RDS team at his.decisionsupport@nhs.scot, and explain the adverse impact the modification has created. Upon receipt of any such request, the RDS team will endeavour to promptly remedy, if and where possible, the adverse impact caused by the modification, in line with the

10.4 You must ensure that any feedback you provide in relation to the RDP is true, accurate and not misleading.

11.1 The interpretation of these terms and conditions and the resolution of any disputes arising hereunder shall be governed by Scots law, with the competent courts in Scotland having exclusive jurisdiction.

11.2 If you believe you’ve been harmed by use of the RDP, you agree to:

• inform HIS in writing using the email or postal address contact details set out at clause 11.3; and
• give HIS thirty (30) days to resolve this harm before taking any action

11.3 You can contact HIS by:

• post using our head office address:

Gyle Square
1 South Gyle Crescent
Edinburgh
EH12 9EB

• phone: 0141 225 6999  
• email: his.decisionsupport@nhs.scot