Terms and Conditions
Welcome to the iRefer App ("App"), which is owned and operated by The Royal College of Radiologists ("RCR", "we" or "our" as applicable). We provide, through the App, access to the electronic version of the 7th edition of our ''iRefer'' referral guidelines only ("Guidelines").
We provide access to our Guidelines through a number of different channels (e.g. online via the iRefer website, where individual healthcare professionals and organisations requiring access by multiple users can purchase access to the Guidelines and for which separate terms and conditions will apply - please visit www.irefer.org.uk for further details.
These Terms and Conditions ("Terms") govern your use of this App and its content only. You may only download and use this App if you are doing so in the course of your trade, business, craft or profession. By downloading and using the App you are agreeing to be bound by these Terms. You should therefore read them carefully to understand your rights and liabilities before using the App. If you have any queries relating to them, please contact us by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. . You can view these Terms at any time by visiting the relevant section provided for within the App. We may make this App available for use on different devices (e.g. iPhone, iPad, Google Android-based tablets and mobile phones) and through different retail platforms (e.g. Apple App Store, Google Android Market) each of which may require you to register with that platform and whose terms of sale shall also apply to your purchase of this App. If there is any conflict or inconsistency between such terms of sale and these Terms, the provisions of these Terms shall apply to the extent necessary to resolve such conflict. Please check the product information page that we provide for each platform carefully to ensure that you have the necessary hardware requirements to run the App on your device.
If you do not wish to be bound by these Terms, you should not agree to these Terms or use the App and should delete the App from your device immediately.
| 1 | CONDITIONS OF ACCESS AND USE |
| 1.1 | You must be 18 years of age or over to use the App. |
| 1.2 | You must only use the App and its content in the course of your trade, business, craft or profession (e.g. as a clinician, radiologist or radiographer) and for your personal use. |
| 1.3 | You must only have the App installed on one device at any time unless you purchase further copies of the App. |
| 1.4 | You must make use of the App and the Guidelines and other content in accordance with the permissions and restrictions of use set out in paragraph 2 below. |
| 1.5 | You must not distribute any content made available on the App or otherwise facilitate anyone else to access or use the content on the App. |
| 2 | PERMISSIONS AND RESTRICTIONS OF USE |
| 2.1 | The permissions granted to you in this paragraph 2 are personal. You may use the App at work in accordance with the provisions of these Terms. All other commercial use of the App is not permitted without a separate commercial agreement with the RCR. |
| Permission to use the App, Guidelines and other content on the App | |
| 2.2 | You may only use the App and its content (including the Guidelines) in accordance with the conditions of access set out in paragraph 1 and in the following ways: |
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| Restrictions on the use of the App, Guidelines and other content on the App | |
| 2.3 | You may not use the App, Guidelines or other content on the App in any way not permitted above in paragraph 2.1, in particular, you may not:
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| 2.4 | Please note: If you are unclear about how you are permitted to use the App and its content in accordance with these Terms, please ask us by contacting as by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. . |
| 2.5 | If you wish to use our content in any way not expressly permitted in these Terms (including, but not limited to printing or electronically copying the Guidelines, making them available via an intranet or extranet), you must first request our written permission. We may grant or withhold permission for such use at our own discretion. |
| 2.6 | If you would like to purchase a hard copy of the 7th edition of our referral guidelines, please contact us by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. . |
| 3 | UPDATES TO THE APP AND NEW EDITIONS OF THE GUIDELINES |
| 3.1 | We may (but are not obliged to) from time to time, update the 7th edition of the Guidelines and release updated versions of the App containing those updates to the 7th edition which the App''s platform may allow you to download at little or no extra charge (this does not apply to any subsequent additions, including the 8th edition). Please note that any future versions of this App, whether updates of the 7th edition, or new editions, will be subject to separate terms and conditions. |
| 3.2 | We expect to publish a new edition of the Guidelines as part of a separate service by early 2015 and therefore the Guidelines and other content made available through the App may be out of date by 31 December 2014 or at an earlier date if the release date of a new edition is brought forward. |
| 3.3 | We reserve the right to designate any updates to the Guidelines as mandatory. You are solely responsible for ensuring that at any time you are using the most recent mandatory version of the 7th edition of the Guidelines and should not use the App and should delete it from your device when any subsequent edition is released. Please check our website at www.rcr.ac.uk for details of updates to and/or new editions of the Guidelines. |
| 4 | TERMINATION |
| 4.1 | Our contract with you for the use of the App including the Guidelines will terminate on 31 December 2014 or such later date as we may choose at our sole discretion. |
| 4.2 | We or you may terminate any agreement made under these Terms upon written notice if the other party commits any breach of them and, in the case of breach by you, you must not use the App and must delete it from your device immediately following your receipt of our notice of termination. |
| 4.3 | Termination shall not affect any right to damages or other remedy which the terminating party may have in respect of the event giving rise to the termination. |
| 5 | THIRD PARTY SOFTWARE |
| 5.1 | You acknowledge that you might need to download and activate certain third party software in order to access and use the App. This software will be clearly identified on the App. |
| 5.2 | In order to use such third party software or technology you may have to explicitly accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third party software or their licence terms. |
| 6 | LINKS |
| 6.1 | The App may include links to third party websites such as websites relating the provision of healthcare in the United Kingdom. We have not reviewed these third party websites, do not control and are not responsible for them or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. |
| 6.2 | If you decide to access any other websites that we own or operate (e.g. www.rcr.ac.uk), your use of those websites will be governed by separate terms and conditions. In the event of any conflict or inconsistency between the provisions of those terms (insofar as they relate to the App) and these Terms, these Terms will take precedence to the extent necessary to resolve such conflict or inconsistency. |
| 6.3 | If you decide to access any third party websites linked to the App, you do so entirely at your own risk. In particular, any personal information you give to a third party website will be dealt with in line with that third party''s privacy policy, not ours, so please ensure that you read their privacy policy before you provide any personal information on those websites. |
| 7 | INTELLECTUAL PROPERTY |
| 7.1 | You acknowledge that all copyright, database right, trademarks and all other intellectual property rights in the App and the Guidelines and other content within and made available via the App, will at all times remain vested in the RCR or its licensors, which reserve all such rights. |
| 7.2 | You shall at our request and expense do all such things as may be reasonably required to assist us in taking or resisting any legal proceedings in relation to any infringement of any such rights. |
| 7.3 | For information on how you are permitted to use the content made available on the App, please see the conditions of permitted uses and restrictions of use set out above under paragraph 2 in these Terms. |
| 7.4 | "The Royal College of Radiologists", "MBUR" and "iRefer" are trademarks of the RCR. All other brand names and trademarks that appear on the App are trademarks or trade names of their respective holders. No permission is given in respect of the use of any of these brands or marks, and any such use may constitute an infringement of the holder''s rights. |
| 8 | WARRANTIES AND INDEMNITIES |
| 8.1 | The RCR warrants that it has permission from the original rights owners to allow you to use the content available via the App, in accordance with these Terms. |
| 8.2 | You agree to indemnify, defend and hold harmless the RCR, its officers, members, employees, fellows, licensors from and against any claim, liability, cost, damage or loss the RCR may incur (including reasonable legal fees) as a result of any breach by you of your obligations under these Terms, including but not limited to any breach by you of the permissions granted to you under these Terms. |
| 9 | EXCLUSIONS & LIMITATIONS OF LIABILITY |
| 9.1 | Except for the express warranties stated in paragraph 8.1, the content and services available on the App are provided on an "as is" basis. Subject to paragraph 9.3 these Terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. |
| 9.2 | In particular: |
| 9.2.1 | we disclaim any liability in connection with any technical problems you may experience with the App and any liability arising from your failure to use the most recent mandatory version of the App and Guidelines; |
| 9.2.2 | we make no warranties in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer''s functionality or operation including transmission arising from your download of any content, software you use to download the content, the App or the server that makes it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the App is done at your own risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such content and; |
| 9.2.3 | the Guidelines and other content on the App have been produced by us for use by appropriately qualified professionals, and the making of any decision regarding the applicability and suitability of the material in any particular circumstance is subject to the user''s professional judgement. Although the App is provided in good faith and we try to ensure that the information on the App is accurate and complete, we cannot and do not guarantee the accuracy, integrity, quality or completeness of the content available via the App or its usefulness for any particular purpose. Accordingly, subject to paragraph 9.3, we, our officers, members, employees, fellows, or any other person contributing to the formulation of the content on the App shall not be responsible for any loss of any nature or harm suffered by you, or by any of your clients, customers, patients or other third parties, as a direct or indirect result of your/their use of any of the content or services available on the App or of making any decision or taking any action (or refraining from doing so), based wholly or partly on the Guidelines or any other information or data contained within the content on the App, including any such use, action or decision made or taken based on an out-of-date version of the 7th edition of the Guidelines or after the date we publish a new edition of the Guidelines, irrespective of the format, platform, medium or delivery channel of that new release. |
| 9.3 | Nothing in these Terms will restrict our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be limited or excluded by applicable law. |
| 9.4 | Subject to paragraph 9.3 and to the fullest extent allowed by law, we will not be liable for (i) death or personal injury except as a result of our negligence; (ii) any loss of data; use; reputation; goodwill or opportunity; (iii) any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether such loss is direct or indirect; or (iv) any indirect, special, incidental, punitive, consequential damages or losses that you may suffer, in each case, (save for (i)), howsoever arising. |
| 9.5 | Other than as set out above, our maximum aggregate liability to you for all claims whether arising in contract, tort, out of breach of statutory duty or otherwise, and, whether in respect of a single event, series of connected events or of unconnected events, will be limited to the retail price of the App. |
| 10 | GENERAL |
| Assignment | |
| 10.1 | You may not assign, sub-license or transfer all or parts of your rights or obligations under these Terms without our prior written consent. |
| Force Majeure | |
| 10.2 | Occasionally we are unable to perform our obligations under these Terms due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, system failure, fire, flood, earthquake and other natural physical disasters, strikes, trade disputes, lock outs, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract. |
| Representations | |
| 10.3 | Each party acknowledges that in accepting these Terms it has not relied and is not relying on any representations or warranties (whether implied or otherwise) other than those expressly set out in these Terms and the parties irrevocably and unconditionally waive any right they may have to any remedy in respect of any other such representation or warranty except in the case of fraud. |
| Severability | |
| 10.4 | If any of these provisions is deemed invalid, illegal, void, unenforceable or in conflict of the applicable law of any jurisdiction, that provision will be deemed severable from the rest and will not affect the validity, legality and enforceability of any remaining provisions. |
| Entire agreement | |
| 10.5 | These Terms govern our relationship with you and represent our entire agreement with you in connection with your use of the App and the content made available through it. |
| Waiver | |
| 10.6 | If you breach these Terms and we choose to ignore your breach, we will still be entitled to use the rights and remedies available to it at a later date or in any other situation where you breach the Terms again. A waiver of any provision(s) of these Terms by us shall not be deemed a waiver of any other provision(s) of these Terms. |
| Exclusion of third party rights | |
| 10.7 | These Terms do not create any right enforceable by any person who is not a party to them. |
| Governing law | |
| 10.8 | Any disputes or claims arising out of or in connection with the contract are governed by and construed in accordance with the laws of England and Wales. |
| Dispute resolution | |
| 10.9 | In the event of any dispute or controversy arising out of or in connection these Terms, the parties agree to follow the procedure set out below: |
| 10.9.1 | We shall both in the first instance, use our reasonable efforts to resolve the dispute as soon as possible. We each shall, without delay, continue to perform our respective obligations under these Terms, which are not affected by the dispute. |
| 10.9.2 | If we are both unable to resolve the dispute, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. |
| 10.9.3 | If neither of us initiate the mediation procedure within 14 days of the dispute arising or if we both fail to agree terms of settlement within 30 days of the initiation of the procedure, we shall both resolve the dispute by binding arbitration before a single arbitrator in accordance with the then current international arbitration rules of the International Chamber of Commerce. The arbitration shall take place in London, England. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. |
| 10.10 | Nothing in this paragraph or in the Rules of the International Chamber of Commerce shall prevent either you or us from applying to the court of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction. |
| 11 | NOTICES |
| 11.1 | All notices required or permitted under these Terms will, when provided by us, be given in writing to the address and/or the most recent e-mail address you provided at the time you purchased the App, or, when being provided by you, be given in writing to our postal address in paragraph 13 below using an internationally recognised express courier service. |
| 12 | COMPLAINTS |
| 12.1 | If you have any complaints, please contact us by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or by post using the address below and we will do our best to resolve them. |
| 13 | CONTACT US |
The app is owned and operated by The Royal College of Radiologists, a body constituted by Royal Charter in England and a charity registered with the Charity Commission for England and Wales.
| Principal Address: | The Royal College of Radiologists |
| 38 Portland Place London W1B 1JQ |
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| Telephone: | +44 (0)20 7636 4432 |
| Fax: | +44 (0)20 7323 3100 |
| E-mail: | This e-mail address is being protected from spambots. You need JavaScript enabled to view it. |
| Charity registration no: | 211540 |
| VAT registration no. | 706 9665 05 |
