Portfolio User Terms

RPS offers a Portfolio as an online tool which enables RPS Members and Registered Users to electronically document the training they receive and the skills they develop and the continuing professional development they undertake in respect of:

• Activities undertaken for annual revalidation purposes with the GPhC and to create a life long professional learning and development portfolio. (MyCPD Portfolio).
• Activities undertaken by Pharmacist Learners during their Pre-Foundation training and placement (Pre-Foundation Portfolio).
• Activities undertaken by Provisionally Registered Pharmacists during their year of provisional registration which includes the enablement of Tutor/Educational Supervisors to provide development feedback to their allocated Provisionally Registered Pharmacist using the Portfolio (Provisional Registrant Portfolio).
• Activities undertaken by Foundation Pharmacists during their Foundation years which includes the enablement of Tutor/Educational Supervisors to provide training feedback to their allocated Foundation Pharmacist using the Portfolio. Additionally, Guest Users will be able to provide training feedback to Learners where invited to do so. (Foundation Portfolio)
• Advanced practice activities undertaken through the RPS Faculty programme to electronically document evidence of their achievement of the competencies in the advanced practice framework. Additionally, Guest Users will be able to provide assessment feedback to Faculty Pharmacists where invited to do so.  (MyCPD Portfolio with Faculty Access)
• Completion of RPS training courses (such as the RPS Transition Programme 2018-2019) which includes the enablement of Tutor/Educational Supervisors to provide training feedback. (Training Programme Portfolios)

These terms and conditions (“Portfolio Terms”) govern your use of the Portfolio and the API where this is provided and you use this to submit data directly to your MyGPhC account.

Please read these Portfolio Terms carefully.

1. DEFINITIONS
The following definitions apply in these Portfolio Terms: 

2. access to the portfolio and api (if provided)

2.1 the following access criteria will apply to users of the portfolio: -

2.2 access to the api will be offered at rps’s sole discretion and may be made unavailable to you at any time.

2.3 availability. we will use reasonable endeavours to make available the portfolio and api through our web portal but we cannot guarantee that the portfolio or api is error-free, never interrupted or 100% available, particularly during planned maintenance and unscheduled maintenance. we may at our sole discretion revert to a previous version of the portfolio and related content or remove the api. in addition, we will not be responsible for unavailability or interruption due to: 

2.3.1 third party hardware or software;

2.3.2 your failure to follow reasonable instructions in relation to the use of the portfolio and api or to adhere to any required configurations, use supported platforms or policies for acceptable use;

2.3.3 unauthorised action or inactions by you or any user, including any misuse of the api;

2.3.4 pre-release, beta, discretionary or trial services or functionality;

2.3.5 delays or failures resulting from the transfer of data over communications networks and facilities and the api, including the internet.

2.4 maintenance and updates: you acknowledge that we may at any time, at our sole discretion and without notice (a) suspend the portfolio or api for repair, maintenance or improvement, which we will use our reasonable endeavours to restore as quickly as is reasonably possible; (b) make available such updates, upgrades, bug fixes, enhancements or other changes which we feel appropriate; and/or (c) extend, enhance, change or discontinue any part of the portfolio or api.

2.5 support. we will provide registered users (but not guest users except where we decide at our sole discretion on a case by case basis) with our standard customer support services by telephone, email or through our web portal during our normal business hours.  if you are a registered user and require support, please contact us by email via [email protected].  please note that we do not provide support: (a) in respect of faults or problems directly or indirectly arising from: (i) incorrect use of the portfolio or api; (ii) products or services not supplied by us; (iii) any cause external to the portfolio or api; or (iv) errors or issues associated with data or content provided by any third party; (b) where you are using anything other than the most recent version of any relevant software; (c) where you or any third party not authorised by us has modified, or attempted to modify, the relevant software or attempted to resolve the problem; or (d) if any membership fees due to us by you are unpaid.

3. using the portfolio and api

3.1. use. users shall use the portfolio and api for the intended use only. we make no claim or warranty regarding the effectiveness or suitability of the portfolio or api, and we will not be responsible for the result of use and reliance on the portfolio or api by any user. in particularly, we are not responsible for successful or timeous submission of your records to gphc should you choose to use the api. users are not permitted to use the api for any purpose other than to submit their mycpd records to their own mygphc account.

3.2. 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.

3.3. our right to remove content. we have the absolute right to remove any content and data, including any user content or other materials that users have included on the portfolio that, in our sole and absolute opinion, infringes third party rights, causes offence or otherwise breaches these portfolio terms and/or our website terms of use and content terms of use. 

3.4. submission of mycpd records to mygphc. the portfolio may provide the ability to submit your mycpd records directly the mygphc using the api. you are responsible for ensuring that your records are submitted to mygphc timeously – rps advise that all records are submitted at least 48 hours in advance of any deadline. you should check safe receipt of your records by logging into your mygphc account. you accept that the api may not operate uninterrupted or error free and may be incompatible with third party software or equipment.

3.5. consent to api access to mygphc. you consent to allow rps to allow the api to access your mygphc account and to transfer any data you choose to submit to your mygphc account through the api.

4. user roles

while accessing and using the portfolio and api, you agree not to:

4.1. upload, post, publish, transmit or reproduce any information that: 

4.1.1. 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; 

4.1.2. 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; 

4.1.3. 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

4.1.4. consists of links or recommendations to visit other websites that contain content which is not compliant with these portfolio terms or our website terms of use; 

4.1.5. forge or otherwise manipulate uniform resource locators or other identifiers to disguise the origin of any content transmitted through the portfolio, api or any other section of our website, to acquire unauthorized access to restricted areas of the portfolio, api or any other section of our website, or for any other purpose;

4.1.6. promote or provide instructions, information or advice about illegal activities, promoting physical harm or personal injury against any individual or group;

4.1.7. decompiles, observes, studies or tests the functioning of the api or the portfolio;

4.1.8. stalk or otherwise harass another user;

4.2. collect or store personal data about other users;

4.3. 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.

5. content

5.1. responsibility of data. you may provide data and content to the portfolio and api 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.

5.2. ownership and use of content. except as provided under these portfolio terms and our website terms of use, we obtain no rights from you to your user content. you consent to our use of your user content to provide the portfolio. we may disclose user content to comply with any request of a governmental or regulatory body (including subpoenas or court orders).

5.3. 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.

in addition, when you are a learner, foundation pharmacist or training programme pharmacist you agree to back-up your portfolio regularly throughout your use of the portfolio and in full upon completing your training formalities.

6. data protection and privacy

6.1. privacy. we consider your personal data to be private and we operate the portfolio according to our privacy policy (www.rpharms.com/footer-links/-cookie-privacy-policy), which we may update from time to time.

6.2. tutor/educational supervisor and guest user access. each user acknowledges that (where applicable) their allocated tutor/educational supervisor or invited guest user will be able to view and comment on all or some user content within their portfolio. 

6.3. users agree that when they nominate a tutor/educational supervisor or guest user (where applicable) that they have permission from their tutor/educational supervisor or guest user to provide their details.

6.4. access. each tutor/educational supervisor and guest user acknowledges that their allocated user will be able to view all user content within his/her portfolio, and that since (subject to these portfolio terms and our website terms of use) the portfolio belongs to that user, you will not be able to delete your user content after submitting it to the user.

6.5. gphc submission. if you choose to submit cpd entries to mygphc using the api, rps will share your data and the data of your peer reviewer with the general pharmaceutical council. you can read about how gphc uses your data at https://www.pharmacyregulation.org/privacy-policy

7. network connections

Access to the Portfolio is dependent on a stable Internet connection and you are solely responsible for maintaining such connection in order to access the Portfolio. We will not be liable for any problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the Internet.

8. access after registration or subscription

8.1. Learners. Our current policy is to enable Learners to continue to access their 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, Learners who become RPS Members within two years of completion of their pre-registration training year will have the option to retain their 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 Learners of this. Each Learner is responsible for downloading his/her Learner Portfolio in full upon completing his/her pre-registration training year. We also draw Learners’ particular attention towards clause 9.2 below. 

8.2. 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. 

8.3. 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.

8.4. Tutor/Educational Supervisors. Each Tutor/Educational Supervisor’s access to the Portfolio will end upon completion by his/her allocated Learner 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.

9. deletion of data

9.1. Upon Portfolio Purpose Completion, a Learner can request that we securely delete his/her Learner Portfolio by contacting [email protected]. Once we delete a Learner’s Portfolio it will not be recoverable, therefore all Learners must ensure that they have downloaded a complete copy of his/her Learner 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 Learner’s deletion request.

9.2. We reserve the right to delete or remove any Learner’s Learner Portfolio after completion of that Learner’s pre-registration training and we shall have no liability for any losses (including data loss) in relation to such deletion or removal.

9.3. Any User can request at any time that RPS securely delete his/her Portfolio by contacting [email protected]. Once we delete a Portfolio 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.

9.4. All data submitted to GPhC via the API will be subject to GPhC’s data retention and deletion periods. You should contact GPhC directly if you wish to delete any data you have submitted to GPhC.

10. intellectual property

you acknowledge that we and/or our licensors own all intellectual property rights in the portfolio, the documentation, the api and the content provided by us, including all enhancements and modifications that we make. you have no rights in or to use the same except as expressly permitted by us in these portfolio terms and our website terms of use.

11. indemnity
you will defend, indemnify us and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with (a) your use or misuse of the portfolio or the api; and (b) your breach of these portfolio terms and/or our website terms of use.  

12. limitation of liability

12.1. 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.

12.2. loss of access to the portfolio. we shall not be liable for any loss if you are unable to access the portfolio.

12.3. loss of access to the api. we shall not be liable for any loss if the api is unavailable and your are unable to submit your records to mygphc using the api. it is your responsibility to ensure that you submit records appropriately and timeously to mygphc.

12.4. 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.

12.5. 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.

12.6. 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.

12.7. aggregate liability. our total aggregate liability in contract, tort (including negligence or breach of statutor/educational supervisory 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.

12.8. 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.

13. law and jurisdiction

These Portfolio Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.