Term and Conditions
Please read these terms and conditions carefully and ensure you agree before using the NHS Innovations North website.
These terms and conditions are applicable to all aspects of the service that we provide, and they govern our relationship with you in relation to the following: -
(i) the submission of ideas to us for assessment (by means of the NHS Innovations North website or by any other means),
(ii) any other information that you provide us with;
(iii) your entry into any competition that we run, such as the Bright Ideas in Health Awards.
We may change these terms and conditions at any time by updating this page. You should check this page from time to time to review these terms and conditions to ensure you are happy with any changes. Submitting ideas to us for assessment, providing us with any other information, or entering any competitions that we run, such as the Bright Ideas in Health Awards, indicates your acceptance of these terms and conditions.
Information About Us
NHS Innovations North is the NHS Innovation Hub for the North East and North Cumbria region and it is a service delivered by RTC North Limited on behalf of the Academic Health Science Network for the North East and North Cumbria Limited. The contact address for NHS Innovations North is c/o RTC North Limited, 1 Hylton Park, Wessington Way, Sunderland, SR5 3HD.
RTC North Limited is registered under the Data Protection Act 1998 (Registration Number Z5188247).
The NHS Innovations North website for which we are responsible (“this Website”), can be found at www.nhsinnovationsnorth.org.uk.
Your Use of this Website and our Intellectual Property Rights
We have made this Website available to you for your own personal use, for the purposes of assessment of your ideas and/or entry into any competitions that we run. We may modify, withdraw or deny access to this Website at any time.
This Website, along with all the literary and artistic works contained in it, are protected by intellectual property rights, including copyright, which either belong to RTC North Limited or are licensed to us to use. These works include, but are not limited to, the design, layout, look, appearance, graphics and documents written by us on the Website, as well as other content such as articles and guides written by us, and software tools such as the Bright Ideas online application system which is accessible via this Website. The Bright Ideas online application system is a system for enabling the submission of ideas to us for assessment and/or entry into any competition that we run.
Moreover, any written work that we carry out on your behalf such as the preparation of intellectual property search reports, the preparation of existing product search reports and the preparation of expert peer review reports, are protected by intellectual property rights, including copyright, belonging to RTC North Limited.
If you wish to copy, redistribute, republish or otherwise make either: - (i) the materials on this website whose copyright belongs to RTC North Limited; or (ii) the written work that we carry out on your behalf, available to anyone else, you will need our consent in writing. All communications in this connection should be directed to the Director of NHS Innovations North in the first instance.
Third Party Involvement in the Service that We Provide
You may share your ideas with us to enable us, at our sole discretion, to consider such ideas and assess them for you. You may also share your ideas with us as part of any competition that we run, to enable your entry into such a competition.
Subject to the confidentiality provisions set out below, we may disclose your ideas to third parties who: - (i) may carry out the assessment of your idea on our behalf; or (ii) in the case of any competition that we run, may carry out judging on our behalf; or (iii) may assist us in this connection.
Some examples of these include representatives of your employing organisation such as the Research and Development Department, or Innovation Scouts within your organisation.
Please note that we are not obliged to disclose the identity of any of these third parties.
The assessment or, in the case of any competition that we run, judging, of your ideas does not imply that we will take ownership of your idea and we do not assert any ownership of any associated intellectual property associated with your idea.
Please note that if you ask us to assess your idea then we will respond to you as soon as possible thereafter.
Our Liability to You
These terms and conditions do not exclude our liability (if any) to you for: -
• personal injury or death resulting from our negligence;
• any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
Other than our liability as set out above, we will not be liable to you whatsoever (whether in contract or tort, including negligence). In particular we cannot accept responsibility for loss, loss of profits, loss of business, depletion of goodwill and like loss as a result of the work that we do for you as part of the service that we provide, both in terms of the assessment of your ideas and your entry into any competition that we run.
We do not guarantee that this Website will be compatible with all or any hardware and software which you may use. Moreover, we do not guarantee that this Website will be available at all times or at any specific time.
The assessment of your ideas and/or, in the case of any competition that we run, the judging of your ideas, reflects the opinion of NHS Innovations North and/or third parties providing us with assistance, only. You are free to take further advice or seek further guidance before taking any action based upon the assessment of your idea carried out by us. We do not make any warranties, guarantees or conclusive assertions that any ideas submitted to us for assessment will be capable of commercialisation or will provide clinical benefit, and any advice provided by us is intended for guidance only. Moreover, we do not make any warranties, guarantees or conclusive assertions that any entries into any competition that we run will be capable of commercialisation or will provide clinical benefit.
We agree not to make or publish any statement relating to, nor to disclose (in whole or in part) to any person, firm, company or organisation, any information that you have submitted to us and identified as being of a confidential nature (“Confidential Information”) which we have obtained or received from you, either for the purposes of our assessment or for the purposes of entry into any competition that we run, unless they fall within the exceptions set out below. In particular, we reserve the right to disclose Confidential Information, under conditions of confidentiality, to: -
• other individuals, NHS bodies or organisations that we involve in the assessment of your ideas;
• in the case of any competition that we run, competition judges;
• their respective employees, agents and sub-contractors.
all of whom may have a need to know the same in order to assist us with the provision of the service that we provide to you. To reiterate however, before so disclosing the Confidential Information, we shall ensure that they have executed a suitable confidentiality agreement in order to protect the Confidential Information by ensuring that they are also bound by a duty of confidentiality.
For the avoidance of doubt, it is to be appreciated that we may use the Confidential Information that we have obtained or received from you in connection with either the assessment of your idea or for the purposes of any competition that we run, but we will not use it otherwise or for the benefit of any third party.
These confidentiality provisions however, will not apply to the whole or any part of the Confidential Information which is: -
• lawfully obtained after the disclosure of the Confidential Information free of any duty of confidentiality otherwise than directly or indirectly from you;
• already in our possession before being received by us from you;
• which we can demonstrate is in the public domain other than as a result of a breach of these confidentiality provisions;
• necessarily disclosed pursuant to a statutory or regulatory obligation; or
• disclosed with your prior written consent.
Please note that we reserve the right to inform the appropriate authority if we believe that the Confidential Information which you provide us with could be detrimental to patients or the wider general public.
What Personal Information do we Collect from You?
In general, you can use this Website without providing us with any personal information. However, in order to: - (i) register on this Website and use the Bright Ideas online application system to facilitate our assessment of your ideas; or (ii) enter into any competition that we run, we require certain personal information from you including but not limited to: -
• your name;
• your address, which may be your work address;
• your telephone number, which may be your work telephone number; and
• your email address, which may be your work email address.
Please note that if you register for idea assessment or if you enter into any competition that we run using a personal email address, we reserve the right to share this with the third parties who provide us with assistance with the service that we provide.
By registering on this Website or entering into any competition that we run, you explicitly authorise us to use the personal information you provide to assist and improve our business processes, including: -
• internal record keeping;
• improving our services;
• following up in relation to our provision of our assessment of your ideas;
• the processing of entries into any competition that we run.
Please be assured that we will only use the personal information that we hold about you lawfully in accordance with the Data Protection Act 1998, and we will not pass any of your personal information onto any third parties other than for the purposes of the provision of our service to you. In particular, we will not pass on any of your personal information for the marketing purposes of any third parties.
How to Obtain Copies of or Amend the Personal Information We Have Collected from You
You may request details of the personal information which we hold about you under the Data Protection Act 1998, but a fee may be incurred in this connection. If you would like a copy of the personal information held by us in relation to you then please write to the contact address for NHS Innovations North provided above, for the attention of the Director of NHS Innovations North.
Please note that by agreeing to these Terms and Conditions, you also agree to keep the personal information we hold about you accurate and up to date, as well as promptly sending us any new or revised personal information. If you think any personal information we hold about you is incorrect or incomplete, please write to or e-mail us as soon as possible in order to allow us to correct or update the personal information as required.
With Whom Do We Share the Personal Information We Hold About You?
We reserve the right to disclose the personal information we hold about you to: -
• any law enforcement agency requesting it in connection with the committing of an offence;
• comply with applicable laws and lawful government and/or regulatory requests;
• protect our systems and ourselves; and/or
• operate our systems properly.
We are committed to ensuring that your personal information is secure. In order to prevent unauthorised access to or disclosure of, the personal information we hold about you, we have in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information we collect online.
Nothing forming a part of the service that we provide 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: - (i) any submission of ideas to us for assessment (via the NHS Innovations North website or any other means); (ii) any other information that you disclose to us; or (iii) your entry into any competition that we run, for example, the Bright Ideas in Health Awards.
If you enter into a contract with a third party who is named in or referred to on, this Website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.
Governing Law and Jurisdiction
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 Laws of England and Wales.
Rules of Entry into The Bright Ideas in Health Awards
These are the Rules upon which each Entry to the Bright Ideas in Health Awards, shall be subject.
In these rules references to:-
“Closing Date” the last date by which Entries to the Competition may be submitted;
“Competition” means the Bright Ideas in Health Awards;
“Competition Entrant” mean persons entering into the Competition and complying with these Rules;
“Competition Judges” means the panel of judges selected by NHS Innovations North to review entries to the Competition and select the best Entry in each of the Competition categories;
“Entry” means an entry in the form prescribed by NHS Innovations North submitted to the Competition by a Competition Entrant;
“Prize Money” means prize money awarded to successful Competition Entrants in the Competition;
"this Website" means the website operated by NHS Innovations North, which can be found at www.nhsinnovationsnorth.org.uk.
2. MANAGEMENT OF THE COMPETITION
2.1 By entering into the Competition, the Competition Entrant agrees to these Rules in full.
2.2 NHS Innovations North reserves the right to extend the Closing Date.
2.3 NHS Innovations North reserves the right, at their sole discretion, to cancel or suspend the Competition should causes beyond their control corrupt the administration, security or proper participation in the Competition.
3. QUALIFICATION CRITERIA
3.1 Competition Entrants
3.1.1 must be aged over 18 years and be a UK resident, and
3.1.2 must not be an employee of RTC North Limited, and
3.1.3 must not be a Competition Judge; and
3.1.4 must declare any existing sources of funding they are receiving in relation to the development and/or commercialisation of their Entry; and may be required to provide evidence if so required by NHS Innovations North.
3.1.5 must be based in the North East of England or North Cumbria
4. SUBMISSION OF ENTRIES
4.1 Entries submitted to the Competition by Competition Entrants must be submitted either: - (i) in writing on the prescribed paper application form available upon request from NHS Innovations North and sent to NHS Innovations North, 1, Hylton Park, Wessington Way, Sunderland SR5 3HD; or (ii) submitted via the Bright Ideas online application system which can be found on this Website, and received by NHS Innovations North on or before the Closing Date.
4.2 Entries that are incomplete, defaced, corrupt, illegible or received after the Closing Date may not be accepted into the Competition.
4.3 Proof of posting cannot be accepted as proof of delivery for the purposes of the Competition, and all Entries will be sent at the risk of the Competition Entrant.
4.4 Paper application forms containing Entries will not be returned to the Competition Entrant and so the Competition Entrant should keep a copy for their own records.
4.5 A Competition Entrant may submit more than one Entry to the Competition, but may only submit only one Entry per idea.
4.6 A team may submit an Entry to the Competition.
4.7 Competition Entrants must state clearly the purpose and performance of the subject of their Entry and should also give details of any contributing parties such as their employer or any external consultants or investors.
4.8 Competition Entrants may withdraw submitted Entries at any stage until the Closing Date by giving notice in writing to the address provided in 4.1 above. Entry withdrawals requested after the Closing Date will be withdrawn at the discretion on NHS Innovations North.
4.9 By entering the Competition, Competition Entrants agree to have their name and/or photograph and/or non-confidential information concerning their Entry featured in various publicity materials and on this Website, to be decided upon by NHS Innovations North.
4.10 NHS Innovations North reserves the right to refuse Entries for any reason whatsoever, including Entries relating to ideas which have been entered into a previous year’s Competition, unless significant changes to the Entry have been made.
4.11 The Competition Entrant represents and warrants that the information they have submitted in support of their Entry is both accurate and truthful to the best of their knowledge.
4.12 NHS Innovations North may at their sole discretion disqualify the Competition Entrant from participation in the Competition if they provide or if they have previously provided, any false, inaccurate or misleading details and/or information as part of their Entry, or if they have breached these Rules.
5. INTELLECTUAL PROPERTY
5.1 The Competition Entrant warrants that as far as they are aware, the idea to which their Entry relates is original and does not infringe any intellectual property rights belonging to any third party.
5.2 The Competition Entrant shall indemnify and will keep NHS Innovations North fully indemnified against all actions claims proceedings costs loss or damages and all legal costs or other expenses arising out of any breach of the above warranties or out of any claim by a third party based on any facts which if substantiated would constitute such a breach.
6 COMPETITION ENTRANT INFORMATION
By entering into the Competition, Competition Entrants expressly authorise NHS Innovations North to use personal information collected during the registration process (including but not limited to email address and telephone number) for the purpose of administering the Competition subject to the Terms and Conditions set out above. To reiterate, NHS Innovations North will be entitled to disclose such personal information to such third parties as they consider necessary, to enable participation in or the Entry into, the Competition.
7.1 Entries into the Competition will be reviewed in the first instance by NHS Innovations North for compliance with these Rules and suitability in general before being submitted to the Competition Judges.
7.2 NHS Innovations North will at their sole discretion decide which category of the Competition the Entry will be placed in.
7.3 NHS Innovations North will shortlist certain Competition Entrants to go through to a judging phase, during which winning Entries will be selected by the Competition Judges. Winning Entries in each of the categories of the Competition will be announced at the awards ceremony for the Competition.
7.4 Competition Entrants will be informed on a date set by NHS Innovations North, whether their Entry has been shortlisted or not. If the Competition Entrant has not been shortlisted, NHS Innovations North reserve the right not to enter into any further correspondence with the Competition Entrant in relation to the Entry.
7.5 Decisions regarding all matters relating to the judging of the Competition will be made by the Competition Judges and where appropriate, NHS Innovations North, and will be final and binding. No discussion on these decisions will be entered into with Competition Entrants prior to conclusion of the Competition.
7.6 Competition Entrants may not contact any of the Competition Judges to discuss the Competition, and no details surrounding the identity of the Competition Judges will be provided by NHS Innovations North to Competition Entrants. In the event of such contact with Competition Judges being nevertheless made, immediate disqualification of the Competition Entrant will result.
7.7 No appeals against the decision of the Competition Judges will be accepted. The decision of the Competition Judges and where appropriate, NHS Innovations North, is final.
7.8 Competition Judges will be selected according to suitability criteria to be defined by NHS Innovations North.
8. PRIZE MONEY
8.1 Any Prize Money awarded to a winning Competition Entrant is at the discretion of NHS Innovations North and is subject to change.
8.2 Unless expressly agreed in writing by NHS Innovations North, Prize Money will be paid to the employing organisation of the Competition Entrant.
8.4 Any Competition Entrant receiving Prize Money shall be fully responsible for any personal or incidental expenses and/or tax liabilities incurred in claiming and using the Prize Money.
8.5 NHS Innovations North reserves the right to withhold any Prize Money or change its terms, conditions and rules, without notice.
8.6 Prize Money cannot be deferred or transferred without the prior written consent of NHS Innovations North.
8.7 Prize Money is awarded on the basis that it is to be used solely for the furtherance of the winning Entry.
8.8 The award of Prize Money
8.8.1 does not constitute a guarantee of further support from or funding by NHS Innovations North;
8.8.2 does not imply that an Entry is necessarily commercially marketable or fulfills a clinical need, and NHS Innovations North is under no obligation to further assess in any way, any Entry submitted to the Competition.
9.1 To the extent permissible by law, NHS Innovations North will not be liable whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or loss of business for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the Competition, including without limitation loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, resulting from entry into the Competition or acceptance and/or use of the Prize Money.
9.2 Nothing in these Rules shall exclude or restrict the liability of NHS Innovations North for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from their negligence or willful default.
9.3 These Rules will be construed in accordance with the Laws of England and Wales.
9.4 NHS Innovations North reserves the right to amend these Rules at any time.
9.5 These Rules do not create or confer any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any person who is not a party to these Rules.