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This Website is owned and operated by BHF.

Access to and use of this Website is provided by BHF subject to Privacy Policy and the following National Defibrillator Network terms and conditions.

National Defibrillator Network terms and conditions.

 

1. Definitions

In these terms and conditions:

a) “Ambulance Service Provider” means UK ambulance service providers.

b) “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

c) “NDN” means the National Defibrillator Network, and any associated websites, owned and operated by the BHF.

d) “NDN Services” means the online services provided by BHF to you, from time to time, through your NDN account under these terms and conditions.

e) “Private End User” means a member of the public who has created an account on the NDN in their personal capacity and individuals who have created an account on the NDN in their professional capacity as a guardian of a defibrillator (this does not include Organisation Accounts or Organisation Admin Account Holders).

f) “Organisation Account” means an account on the NDN for an organisation (organisation includes, but is not limited to, a company or charity). Organisation Accounts will be linked with guardians who have consented to be linked with an Organisation Account.  

g) “Organisation Admin Account Holder” means anyone who has access to an Organisation Account. There can be multiple Organisation Admin Account Holders on one account. 

h) “Supporting Guardian” means a Private End User who provides support to another Private End User’s defibrillator, for example if the guardian is sick or on holiday the Supporting Guardian can assist with maintenance of the guardian’s defibrillator.   

All other terms used shall have the same meaning as provided in the BHF Website terms and conditions.

2. General

a) We amend these terms and conditions from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.

b) We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

c) You shall use best endeavours to ensure that the information you submit to the NDN regarding the defibrillator you have registered, including the geographic location and the operational status of the device, is up-to-date and accurate.

d) This Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

e) You acknowledge that all Intellectual Property Rights in or arising out of or in connection with the NDN Services shall be owned by BHF.

f) You must not use any part of the content on our Website for commercial purposes.

3. Personal Data

a) By using this Website or any of our services, or providing us with any personal data, your personal data will be used and disclosed in the manner set out in in these terms and conditions, our BHF Website terms and conditions and our Privacy Policy.

b) As part of the NDN Services, BHF will provide periodic email reminders and notifications to you via the email account you register with us when you set up an account regarding, but not limited to, the requirement to carry out status checks of the defibrillator device you have registered.

c) The personal information that you provide to us when you register an account on the NDN will be shared with the given Ambulance Service Provider responsible for providing emergency services for the region in which your registered defibrillator is located. Ambulance Service Providers will be able to generate email reminders and notifications to you via the email account you register with us when you set up an account on the NDN.

d) When you register as a Supporting Guardian other Private End Users and Organisation Admin Account Holders will be able to generate and send email notifications to you in respect of the management of the  defibrillator you are supporting.  Some Guardians may receive an email notification inviting them to become a Supporting guardian.

e) Users that wish to have the location of their defibrillator device, including the times it is available and its status, made publicly available may do so by providing their consent on registration of their defibrillator device on the NDN. The location and status data provided will be published on a separate, but associated, NDN website owned and operated by BHF where members of the public can conduct a search for defibrillator devices within a respective area of the UK. BHF may also elect to publish location and status information on other BHF owned and operated websites, as the case may be, from time-to-time. Users may withdraw their consent to publication of location and status data by disabling this functionality via their NDN account. BHF will not publish the names of guardians or contact details for guardians. In the event of an emergency, members of the public may search for the location of the nearest defibrillator to them and may wish to access it. This search function may also be used by individuals who are considering purchasing a defibrillator and want to know if there are any defibrillators already in the area.

f) In relation to clause 3(e) above, if a Private End User has created an account on the NDN in their professional capacity as a guardian of a defibrillator and consents to being linked with an Organisation Account, the consent referred to in 3(e) (i.e. to have the location of their defibrillator device, including the times it is available and its status, made publicly available) will be determined by the organisation.   

g) We may disclose your personal data to a third party in the event that all or part of our business or assets are or are intended to be assigned to another entity.

h) If you are invited by an organisation to join the NDN, to look after a defibrillator or  sent a request to share your defibrillator data with the organisation, and you consent, your name, email address, contact number, defibrillator location and status will be shared with the Organisation Admin Account Holder who sent the request. Any other Organisation Admin Account Holders who have access to the account will also have access to the aforementioned data.  

i) The BHF will not use your personal data obtained through this Website to market defibrillators and/or related consumables to you. If we obtain your personal data through other channels, such as if you participate in a BHF event or you opt into marketing through www.bhf.org.uk then we can market our other services, products, aims, and ideals to you.

4. Further terms for Ambulance Service Providers

a) You warrant that you have the right, authority and capacity to enter into these terms and conditions on the behalf of your company, organisation or other legal entity.

b) You agree that you will use the NDN Services in accordance with these terms and conditions and for the purposes of emergency services only, including directing members of the public to registered public access defibrillators in the event of a cardiac arrest and specific maintenance communications with Private End Users and Organisation Admin Account Holders subject to paragraph 4.h) below. You shall not use the NDN, NDN Services or any Materials for any other activity or purpose.

c) We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

d) We 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:

i. use of, or inability to use, our Website;

ii. use of or reliance on any content displayed on our Website;

iii. the provision of, or our failure to provide, any products, services or events ordered or made available through our Website;

In particular, we will not be liable for:

iv. loss of profits, sales, business, or revenue;

v. business interruption;

vi. loss of anticipated savings;

vii. loss of business opportunity, goodwill or reputation;

viii. any indirect or consequential loss or damage.

e) Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

f) BHF grants to you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the contract to copy the NDN data sets into your CAD systems via the NDN Services for the purpose of receiving and using the NDN Services in your organisation only.

g) You warrant that you shall only access and use the personal information provided by Private End Users and Organisation Admin Account Holders for the purposes of generating, reminder notifications and updates regarding defibrillator status and maintenance for Private End Users and Organisation Admin Account Holders. 

h) BHF and Ambulance Service Provider shall comply with their obligations under applicable data protection legislation, including, as applicable, the Data Protection Act 2018 and General Data Protection Regulation ("GDPR") (or its equivalent implementing legislation) and including where applicable the guidance and codes of practice issued by the Information Commissioner or any other relevant regulator. Any data protection terms in this clause shall have the meaning ascribed to them by the GDPR.