THESE TERMS AND CONDITIONS ARE IMPORTANT SINCE THEY WILL GOVERN YOUR USE OF THIS WEBSITE. PLEASE THERFORE READ THEM CAREFULLY BEFORE USING THIS WEBSITE.
1.1. These terms and conditions apply to the Website requiring registration and secure log on at https://certify.rcseng.ac.uk.
1.2. This Website is designed for cosmetic surgeons practicing in the United Kingdom to provide a variety of information to evidence their suitability to gain one or more of the certificates in Cosmetic Surgery.
1.3. Access is dependent upon your being registered with the General Medical Council (GMC) or equivalent regulatory body. Once you have registered with the Website, access to it is also dependent upon use of your authorised password.
1.4. Please read these terms and conditions carefully as they govern our relationship with you in relation to the Website. If you have any questions about them or do not wish to accept them, please contact our helpdesk at firstname.lastname@example.org or on 020 7869 6269. You must accept these terms and conditions by ticking the “I accept” box at the end before you will be able to use the Website.
1.5. We may change these terms and conditions at any time by updating this page, in which case we will inform you by email.
1.6. Using or accessing this Website indicates your acceptance of these terms and conditions. If you do not accept these terms and conditions, please do not continue to use this Website.
1.7. You must not misuse the Website, including, without limitation, by hacking into it in whole or part, nor attempt to affect the Website and/or its operation by any denial of service attack or similar or comparable act or omission, and including as explained in sections 3 and 4 of these terms and conditions.
1.8. These terms and conditions are between you, the user of the Website and the Royal College of Surgeons of England, a body set up by Royal Charter and a registered charity, whose address is 35 - 43 Lincoln’s Inn Fields, London, WC2A 3PE (“us”).
2. Information about us
2.1. You can contact us by email at email@example.com or by telephone on 020 7869 6269.
3. Security and Access
3.1. By accessing the Website we assume that you are properly authorised to do so and once proceeding beyond these terms and conditions to log on to the restricted access area that you have been granted a valid password and are properly authorised by us to do so.
3.2. If you have accessed the Website but are not authorised to do so, you must not proceed further and must inform us as soon as possible so that we can deal with any maintenance or security issues as soon as possible.
3.3. In using the Website you must:
3.3.1. not input or post to the Website any confidential information, third party Personal Data (especially Sensitive Personal Data) and in particular patient identifiable confidential medical data;
3.3.2. not disclose any information, nor act in breach of any relevant employment contract or similar in relation to your position, and/or any related policy or policies or in breach of any other agreement;
3.3.3. not disclose any ideas, materials, or works which you wish to keep confidential, or do or may wish to protect or obtain intellectual property protection for in the future.
3.4. You hereby grant to us a licence to use all information that you post or input to the Website for the purpose of your cosmetic surgery certification requirements.
3.5. You must keep your password and your secure log on details confidential and secure. You must not share them with anyone else nor allow any other person to access this Website using your details. They are for use solely by you, in accordance with these terms and conditions and not otherwise.
3.6. You must update or otherwise change your password and/or other log on details whenever required by us.
3.7. You must notify us as soon as reasonably practicable if you lose, or forget your secure password and/or other log on details.
4. Information you provide on this Website
4.1. You must not post to, transmit to, or input into the Website any material:
4.1.1. which is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, blasphemous, menacing or harassing;
4.1.2. that is in breach of copyright, breach of confidence, breach of privacy or breach of contract or licence, or without licence or necessary authority;
4.1.3. which is untrue or misleading (including providing incorrect information on operations or procedures allegedly carried out by you);
4.1.4. which is unlawful or illegal, whether within England and Wales and/or elsewhere;
4.1.5. which is technically harmful (including without limitation, computer viruses, worms, Trojan horses, logic bombs, corrupted data or other harmful or malicious software and/or data); and/or
4.1.6. which amounts to Sensitive Personal Data (as defined in the Data Protection Act 1998).
4.2. We are entitled fully to co-operate with any law enforcement agency or authority or investigation, in this regard, including by identifying you and supplying your details where it reasonably appears to us to be relevant.
4.3. We reserve our right to shut down or suspend access to, the use of or operation of all or any of the Website facilities in whole or part, whether limited to your use of the Website or otherwise, in the event that we know of or suspect a breach of these terms and conditions.
5. Your use of this Website and our intellectual property rights
5.1. We have made the Website available to you for your own non-commercial use. We may modify, withdraw or deny access to the Website at any time, including introducing charges for its use or other restricted access. In relation to substantial changes, where this relates to areas for which you are currently dependent upon the Website, we will try to give you as much reasonable notice of the proposed change(s) as practicable.
5.2. The Website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the Website, as well as other content such as articles, stories and other text.
5.3. You may not copy, redistribute, republish or otherwise make the materials on the Website available to anyone else for a commercial purpose without our prior consent in writing, save that you can download them to make a copy for personal use or study only and otherwise as permitted by section 5.4 below.
5.4. You may print or download materials from the Website for non-commercial use or copy the content to other individuals for their personal use or study provided that:
5.4.1. no materials are modified in any way;
5.4.2. no graphics are used separately from accompanying text;
5.4.3. our copyright notices appear in all copies and you acknowledge this Website as the source of the material; and
5.4.4. the persons to whom you provide these materials are made aware of these restrictions.
5.5. No licence is granted to any user to make use of the Website’s name and/or logo, without our prior written consent.
6. Our liability to you
6.1. These terms and conditions do not exclude our liability (if any) to you for:
6.1.1. personal injury or death resulting from our negligence;
6.1.3. any matter which it would be illegal for us to exclude or to attempt to exclude our liability as a matter of English law.
6.2. We do not guarantee that the Website will be compatible with all or any hardware and software which you may use. The Website is designed for use with a particular level of hardware and software, details of which can be found at ‘Help’ in the Website but we do not guarantee that the use of such hardware and/or software will ensure the proper and complete operation of the Website. We do not guarantee that this Website will be available all the time or at any specific time. We reserve the right to withdraw or modify the Website at any time.
6.3. To the fullest extent permitted by law, we shall not be liable, including for any indirect, special or consequential loss or economic damage (such as without limitation loss of bargain, profit, data, reputation, placement, position, learning agreement, resultant losses or otherwise), and whether in contract, tort, or otherwise, arising out of the use of the Website or the reliance on any of the information displayed on it.
7. Information we provide on this Website
7.1. This Website is primarily concerned to provide surgeons with information about the certification process for cosmetic surgery. Subject to that limitation, whilst we try and ensure the information contained on the Website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. We make no representation, nor make any warranty, about the accuracy or effectiveness of any information displayed or depicted. Users of the Website must make their own assessment of the potential effectiveness of any such information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Website. Our liability to you as explained above remains unaffected by this.
8.2. You may not link to the Website from another website without our prior consent in writing.
9. Contracting online
9.1. Nothing on the Website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between us in relation to your use of the Website.
9.2. If you make a contract with a third party who is named or referred to on the Website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.
10. Governing Law and Jurisdiction
10.1. The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.
10.2. The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the Website.
11.1. This section of our terms and conditions sets out how we use and protect any personal information that you give us. We are the Data Controllers for this Website and to the extent that you have control over any data that you post or input on the Website you are also acting as a Data Controller. In doing so you herby agree to comply with all of the provisions of the Data Protection Act 1998 in respect of your use of any Personal Data or Senstive Perosnal Data and in particular shall only process such data in accordance with the these terms and conditins and where necessary must obtain explicit consent to the use of Sensitive Personal Data.
11.2. We do not use persistent “cookies” (messages from our Website to your computer which send information back from your computer to us) to operate this Website. However, we reserve our right to do so in the future, in which case these terms will be updated accordingly.
11.3. We use the information you supply to provide you with a better service, and in particular for the following reasons:
11.3.1. to facilitate internal record keeping;
11.3.2. to improve our services;
11.3.3. to deal with your queries;
11.3.4. to otherwise respond to your communication to us;
11.3.5. to appoint and /or allow processing by Data Processors on our behalf;
11.3.6. to facilitate research and/or statistical or other analysis (having removed Personal Data) for the benefit of surgery, subject to section 11.12;
11.3.7. to maintain patient safety;
11.3.8. to comply with legal and regulatory responsibilities, including monitoring under the Equality Act 2010;
11.3.9. to improve our administration and/or efficiency, including by reducing costs, in relation to the organisation (or any part of it);
11.3.10. to carry out the process of certifying surgeons for cosmetic surgery procedures; and/or
11.3.11. otherwise as may be reasonable (subject to section 11.12) in our legitimate interests.
11.4. Depending upon the details you supply and your request, we may contact you, however, in most cases, we will only do so regarding matters which we believe to be in your own interest, in the interest of cosmetic surgery, or to deal with an enquiry request from you.
11.5. You can change your mind at any time about being registered with the Website by contacting our Data Protection Compliance Officer at firstname.lastname@example.org.
11.6. We may use third parties to process information in providing services to us (or any of them) to operate the Website.
11.7. In relation to the Website, we will not otherwise transfer, disclose, sell, distribute or lease your personal information to third parties, or to any party or parties taking over responsibility from us, or any development of or successor to it unless we have your permission or are required by law.
11.8. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to our Data Protection Compliance Officer at email@example.com.
11.9. If you think any information we have about you is incorrect or incomplete, please contact us as soon as possible. We will correct or update any information as soon as possible.
11.10. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Interactive areas of the Website are secured by the use of suitable technical means, such as secured layer software.
11.11. We may link to other websites which are not within our control. Once you have left our Website, we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy statement applicable to the website in question.
11.12. We will follow the Information Governance policy of The Royal Surgical College of England to assess guidance regarding the use of Personal Data and/or proposed changes to that use or new types of processing proposed in order to safeguard the rights, freedoms and legitimate interests of affected data subjects and to try to ensure the use of such data is lawful and in the best interests of surgeons and/or surgery in the United Kingdom.
11.13. When you register with the Website, the type of data we collect from you is updated from time to time. We may also look at membership data on you held by us to add to our records.
11.14. Material and comments transmitted or posted by you to or through this Website can be linked to you.
12. Application for Certification
12.1. You may apply for certification by:
12.1.1. completing the relevant forms supplied by us and submitting an application to us through this Website;
12.1.2. submitting such information in support of the application as may be prescribed by us; and
12.1.3. paying the appropriate fee in the amount determined by us.
12.2. An application will only have been made once we have received the application form completed in full, together with all information required in support of the application and confirmation from you in the form of a declaration that the information contained within, or submitted in support of, the application is complete and accurate.
12.3. You are personally responsible for the contents of your application and any information submitted to us by you or on your behalf, and you must not submit (or cause or permit to be submitted on your behalf) information to us which you do not believe is complete and accurate.
12.4. In support of an application, you shall confirm which cosmetic surgery certificate, or certificates, you are applying for, together with any evidence required by us to demonstrate your suitability.
12.5. Before reaching a decision on the application, we may require from you such additional information, documents or references as it considers appropriate to the consideration of your application.
12.6. On receipt of an application, we shall appoint an evaluator to conduct a review of your evidence; and will decide whether to grant or refuse the application, and shall notify you accordingly.
13. Lapse of Certification and Recertification
13.1. If you are certified by us, then you must apply for recertification after you are next revalidated by the GMC.
13.2. You shall submit to us, in support of an application for recertification, evidence to demonstrate your recertification, which should consist of:
13.2.1. contributing to the collection of your outcome data in line with the Competition and Markets Authority requirements, and
13.2.2. contributing evidence about your cosmetic practice to your annual appraisal discussion as part of the requirement for whole practice appraisal (including relevant CPD activities about clinical and professional aspects of your practice).
13.3. We may require you to apply for recertification within a different period to that specified in section 13.1 where, providing reasons for our decision, we reasonably think appropriate for you to do so, in which case you shall apply for recertification within any different period that may be required by us under this Rule.
13.4. Failure to apply for recertification in the period set out in section 13.1 will result in the lapse of your certification.
14.1. We will try to ensure that subject to required scheduled and published unscheduled maintenance and repairs, the Website is available as much as possible during 24 hours a day, 7 days a week, 365 days per year, whilst required.
14.2. Availability and operation is however dependent upon the availability of the internet.
14.3. Access and/or functions may be suspended or unavailable temporarily, either for scheduled maintenance for which we will give notice on the Website, or without notice due to unscheduled maintenance or repair or for reasons beyond our control and for which we shall have no liability.