Version 1.1 (15/07/2020)

Terms and Conditions

These terms and conditions ("Terms and Conditions") apply solely to the Integrated Research Application System (“IRAS”) (www.myresearchproject.org.uk) (the “Website”). The Website is provided by a collaboration of partners, through a contract managed on behalf of the Department of Health by the Health Research Authority (“HRA”). The software and web services are maintained by both BGO Media and Pega Cloud. Reference to "we", "our" or "us" is to HRA and/or BGO Media.

These Terms and Conditions tell you the terms of use on which you may make use of the Website. Use of the Website includes registering to use, accessing or browsing. By using the Website, you confirm that you accept these Terms and Conditions and that you agree to comply with them. These Terms and Conditions incorporate our Privacy Policy set out below ("Privacy Policy"). The Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

These Terms and Conditions apply to the use of the Website only. Separate provisions by way of declarations will apply at the point of submitting your application.

We provide the Website to you without any conditions, warranties or guarantees (whether express or implied), including but not limited to any implied warranties or conditions as to the satisfactory quality of fitness for a particular purpose, which are expressly excluded to the extent permitted by law

User Account, Password and Security Where you have completed the registration process to access the Website, you are responsible for: (i) maintaining the confidentiality of the password that you provided for registration; and also (ii) for all activities that take place under your account. You agree to immediately notify HRA of any unauthorised use of your password or account or any other breach of security.

Your use of the Website

You may only use the Website for lawful purposes. You may not use, and shall take all reasonable steps to ensure that no other person uses, the Website in a way that does not comply with the terms of any laws applicable to you or that is in any way unlawful.

You agree:

1. to comply with any legal notices contained on the Website;
2. to respect and comply with the legal rights of others, in particular our rights (including our rights in copyright and trade marks), and the rights of our licensors; and
3. save where acting as agent or employee of a third party in connection with an application on this Website, not to use this Website for any personal commercial gain, nor to sell or trade in any of the content or other material copied or downloaded from this Website without our express written permission;

Liability Statement

We try to make sure that all information on the Website is correct, and (without giving any warranty or undertaking in this regard) HRA will and will procure that BGO will use all reasonable care and skill to do so. However, subject to the paragraph entitled ‘Exclusions by Law’ below, we will not be liable to you for any loss or damage, whether in contract, negligence, defamation, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1. use of, or inability to use, the Website; or
2. use of, or reliance on, any content displayed on the Website.

In the event of any problem with the Website or its content, you agree that your sole remedy is to cease using the Website.

Exclusions by Law

Nothing in these Terms and Conditions or the Website's Privacy Policy shall or shall be deemed to exclude or limit liability for death or personal injury caused by our own negligence or for any fraud perpetrated by us.

For the avoidance of doubt, to the extent that HRA or BGO are liable by operation of the above Exclusions by Law paragraph, such liability shall not be several and not joint.

Third Party Websites

The Website contains links to external sites. We are not responsible for, nor do we have any control over the nature, content, reliability and availability of those external sites. The inclusion of any links to external sites does not necessarily imply a recommendation of them or endorsement of the views expressed within them (including any of the products or services available within them).

The Website allows users to transfer data to external systems. We do not have any control over the accuracy, timeliness, performance, completeness or security of those external systems and we do not accept liability for them. We are not liable for mishandling of data by third parties to which the data is released as part of the submission process. Upon submission of the application forms, the control of the information within the forms is transferred to the relevant third parties and the information may be released to the public domain as per their policies.

Linking to the Website

You may insert a simple link to the Website from your own website provided that:

1. you do so in a way that is fair and legal;
2. the website on which the link appears contains no unlawful, obscene or offensive content and does not contain any links to such content;
3. the website on which the link appears in not likely to cause anxiety, loss, harm or personal injury to its readers;
4. the link is not established in such a way as to suggest any form of association, approval or endorsement on the part of the HRA, the IRAS website or the IRAS partners where none exists; and
5. the link in no way has a negative impact on the reputation of HRA or the IRAS.

HRA reserves the right to terminate any links to the Website at any time without notice and at its sole discretion.

Availability of the Website

The Website is made available free of charge.

We make reasonable endeavours to ensure that the Website is generally available but we do not make any representation or guarantee as to such availability. We do not take responsibility for and will not be liable for the website or any interfaces with other systems being temporarily unavailable, or resulting in loss or corruption of data.

Privacy Policy

Any information generated by you visiting the Website will be handled in accordance with these Terms and Conditions, the Website's Privacy Policy and where applicable the Data Protection Act 1998. Virus protection

While we make every effort to check and test material at all stages of production, we are unable to guarantee that the Website will never be faulty, free of viruses and/or errors, nor that it will work continuously, nor that it will be maintained in a fully operational condition. It is always wise for you to run an anti-virus program on all material downloaded from the internet. We cannot accept any liability for any loss, disruption or damage to your data or your computer system, which may occur whilst you are using the Website or material derived from the Website.

Users must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Website users must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. Users must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

If you breach this provision, you will have committed a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the Website user’s identity to them. In the event of such a breach, the Website user’s right to use the Website will cease immediately.

Changes to the Website

We may make changes to the content, layout and means of accessing the Website at any time and without prior notice. If the need arises we reserve the right to suspend access to or close the Website permanently without prior notice. Whilst every effort is made to keep the Website up to date, any of the material on the Website may be out of date at any given time.

Copyright and intellectual property

You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world ("IP Rights") in the Website (including all content) are owned by HRA and/or its licensors for the full duration of such rights.

Except for your use of the Website in accordance with these Terms and Conditions and the Website's Privacy Policy, you are granted no IP Rights in respect of the Website or its content.

As an individual or organisation, you may print paper copies and make copies to your hard drive of any of the names, images and logos identifying the Website provided that in doing so you comply with the following conditions:

1. You must ensure that the resource which you copy is used for research, training, private study or information only and is not used for direct commercial gain;
2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and
3. You must ensure that the Website is referred to as the source of the resource that you have copied.
4. You must not change any of the text or images contained in this Website or merge it with any other text or images, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content.

Amending these Terms and Conditions and/or the Website's Privacy Policy

From time to time HRA may at its sole discretion amend these Terms and Conditions and/or the Website's Privacy Policy. Your continued use of the Website constitutes your acceptance of and agreement to any changed Terms and Conditions and/or Website's Privacy Policy. We will ensure that details of any such changes are posted on the Website in a timely manner.

Enforceability

If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such provision shall not affect the validity, legality and enforceability of the other provisions of these Terms and Conditions.

Governing Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, the use of this Website. These Terms and Conditions, the Website's Privacy Policy 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 laws of England.