A Programme Pharmacist may only access the Training Programme Portfolio:
- provided that his/her employer has subscribed to our Portfolio service; and
- provided that the Programme Pharmacist has undertaken an RPS training programme.
- USING THE PORTFOLIO
- Use. Users shall use the Portfolio for the Intended Use only. We make no claim or warranty regarding the effectiveness or suitability of the Portfolio, and we will not be responsible for the result of use and reliance on the Portfolio by any User.
- USER ROLES
- upload, post, publish, transmit or reproduce any information that:
- Responsibility of Data. You may provide data and Content to the Portfolio via the Website interface. You acknowledge that we have no responsibility for the Content provided to the Portfolio by other Users or any third party and that such Content is the sole responsibility of the originator. We make no representation or commitment as to the authenticity, reliability or accuracy and shall have no liability or obligation whatsoever in relation to such data or Content, including derivatives of such data or Content.
- DATA PROTECTION AND PRIVACY
- NETWORK CONNECTIONS
- ACCESS AFTER REGISTRATION OR SUBSCRIPTION
- Trainees. Our current policy is to enable Trainees to continue to access their Pre-Foundation Portfolio after completion of their pre-registration training year, provided that they continue to be a member of the Royal Pharmaceutical Society of Great Britain and are up to date with their membership fee payments. However, Trainees who become RPS Members [within two years of completion of their pre-registration training year] will have the option to retain their Pre-Foundation Portfolio for the duration of their RPS membership. We reserve the right to change our policy at any time, in which case we will use reasonable endeavours to inform Trainees of this. Each Trainee is responsible for downloading his/her Trainee Portfolio in full upon completing his/her pre-registration training year. We also draw Trainees’ particular attention towards clause 9.2 below.
- DELETION OF DATA
- After completion of their pre-registration training year, a Trainee can request that we securely delete his/her Trainee Portfolio by contacting [email protected]. Once we delete a Trainee’s Portfolio it will not be recoverable, therefore all Trainees must ensure that they have downloaded a complete copy of his/her Trainee Portfolio before requesting its deletion. Without limiting clause 5.3 (Responsibility for data loss), we will not be liable for any data loss caused by any Trainee’s deletion request.
- INTELLECTUAL PROPERTY
- LIMITATION OF LIABILITY
- Loss of Data. We shall not be liable for any partial or total loss of Portfolio data. You will be liable for maintaining back-up copies of all Portfolio data.
- LAW AND JURISDICTION
Training Programme Portfolio
A Registered User may only access the MyCPD Portfolio:
- If s/he has registered as a registered users of the www.rpharms.comwebsite.
- A Tutor may only access any Portfolio to the extent required to enable him/her to provide permitted training feedback to the Trainee or Foundation Pharmacist allocated to him/her. Each Tutor is responsible for ensuring that s/he is reviewing and evaluating the Trainee Portfolio of his/her correct allocated Trainee at all times.
- Unauthorised access. Users shall take all steps necessary to protect your account password and keep it secret. You agree that you shall not give your account password to anyone else or allow anyone else to use your password or account. You are responsible for notifying us as soon as possible if you believe that the security of your password has been compromised.
- infringes any copyright, trade marks or any other intellectual property belonging to a third party, or that you otherwise do not have a right to transmit under any law or under contractual or fiduciary relationships;
- violates or infringes in any way upon the rights of others, including content which is inaccurate, false, hateful, threatening, abusive, offensive, harassing, unlawful, defamatory, libellous, tortious, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane, or is racially, ethnically or is otherwise objectionable;
- is pornographic or sexually explicit; or contains nudity unless (in our opinion) it is justified in the context of an explanation of a clinical condition; or
- forge or otherwise manipulate uniform resource locators or other identifiers to disguise the origin of any content transmitted through the Portfolio or any other section of our Website, to acquire unauthorized access to restricted areas of the Portfolio or any other section of our Website, or for any other purpose;
- promote or provide instructions, information or advice about illegal activities, promoting physical harm or personal injury against any individual or group;
- stalk or otherwise harass another User;
- collect or store personal data about other Users;
- and you agree to comply with all applicable laws, regulations and codes, for example (but without limitation) the Data Protection Act 2018 (and all related and subsequent applicable data protection legislation) and the Code of Ethics for Pharmacists and Pharmacy Technicians and Professional Standards and related guidance documents.
- Responsibility for Data Loss. We have back-up procedures for User Content but we cannot guarantee that these will be made with the frequency that Users require. You acknowledge that we are not a specialist provider of archiving or data storage or security services and accordingly all Users are responsible for ensuring they regularly back up all User Content that relates to their training to protect against an event of data loss, and: (a) in the event of any loss or damage to User Content, each User’s sole and exclusive remedy will be for us to use reasonable endeavours to restore the lost or damaged User Content from the latest back-up maintained by us; and (b) we are not responsible for any loss, destruction, alteration or disclosure of User Content caused by you or any User or third party.
- Tutor and Guest User access. Each User acknowledges that (where applicable) their allocated Tutor or invited Guest User will be able to view and comment on all or some User Content within their Portfolio.
- Users agree that when they nominate a Tutor or Guest User (where applicable) that they have permission from their Tutor or Guest User to provide their details.
- Foundation Pharmacists, Faculty Pharmacists and RPS Members. Our current policy is to enable Foundation Pharmacists, Faculty Pharmacists and RPS Members to continue to access the Portfolio at any time, provided that they continue to be a member of the Royal Pharmaceutical Society of Great Britain and are up to date with their membership fee payments.
- Training Programme Pharmacists and Registered Users. Our current policy is to begin deletion of the Portfolios of Training Programme Pharmacists and Registered Users two years after such Portfolios are last accessed by the relevant User.
- Tutors. Each Tutor’s access to the Portfolio will end upon completion by his/her allocated Trainee or Foundation Pharmacist of their pre-registration training year or Foundation period respectively, or earlier if his/her employer’s subscription to the Portfolio ceases for any reason
- We reserve the right to delete or remove any Trainee’s Trainee Portfolio after completion of that Trainee’s pre-registration training and we shall have no liability for any losses (including data loss) in relation to such deletion or removal.
- Any User can request at any time that RPS securely delete his/her Portfolio by contacting [email protected]. Once we delete aPortfolio it will not be recoverable, therefore all users must ensure that they have downloaded a complete copy of his/her Portfolio before requesting its deletion. Without limiting clause 5.3 (Responsibility for data loss), we will not be liable for any data loss caused by any User’s deletion request.
- Loss of Access to the Portfolio. We shall not be liable for any loss if you are unable to access the Portfolio.
- No Unlawful Limitations or Exclusions. Nothing in these Portfolio Terms excludes either party’s liability: (a) for death or personal injury caused by negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any other liability which may not be limited or excluded by law.
- Excluded Warranties. Save as expressly provided in these Portfolio Terms, all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are hereby expressly excluded to the extent permitted by law.
- Excluded Losses. Neither party shall be liable for any (i) loss or corruption of data, (ii) loss of software or use of computer equipment, (iii) business interruption, (iv) loss of anticipated savings, (v) loss of business opportunity, goodwill or reputation, or (vi) any indirect or consequential loss.
- Aggregate Liability. Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Portfolio Terms shall be limited to one hundred pounds (£100). You acknowledge that this limitation is fair and reasonable which reflects that the Portfolio is available to you at no cost to you.
- Force Majeure. We shall have no liability to you under these Portfolio Terms if we are prevented from or delayed in performing our obligations under these Portfolio Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.