The Circuit - the national defibrillator network terms and conditions.

1. Definitions

In these terms and conditions:

a) “Ambulance Service Provider” means UK NHS and Republic of Ireland ambulance service providers.

b) “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

c) “The Circuit”, “DefibFinder”, and any associated websites, owned and operated by the BHF.

d) “The Circuit Services” means the online services provided by BHF to you, from time to time, through your account on The Circuit under these terms and conditions.

e) “Single Guardian” means (a) a member of the public who has created an account on The Circuit in their personal capacity and (b) individuals who have created an account on The Circuit in their professional capacity as a Guardian of a defibrillator (this does not include Organisation Accounts or Organisation Admin Account Holders).

f) “Organisation Account” and “Multiple Guardians Account” means an account on The Circuit for an organisation (organisation includes, but is not limited to, a company or charity). Organisation Accounts will be linked with Guardians who have consented to be linked with an Organisation Account.

g) “Organisation Admin Account Holder” means anyone who has access to an Organisation Account. There can be multiple Organisation Admin Account Holders on one account.

h) “Supporting Guardian” means a Private End User who provides support to another Private End User's defibrillator, for example if the Guardian is sick or on holiday the Supporting Guardian can assist with maintenance of the Guardian's defibrillator and the updating of its record on The Circuit.

All other terms used shall have the same meaning as provided in the BHF Website terms and conditions.

2. General

a) We amend these terms and conditions from time to time. Every time you wish to use The Circuit please check these terms to ensure you understand the terms that apply at that time.

b) We do not guarantee that The Circuit, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of The Circuit or DefibFinder for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

c) You shall use best endeavours to ensure that the information you submit to The Circuit regarding the defibrillator you have registered, including the geographic location and the operational status of the device, is up-to-date and accurate.

d) The Circuit and DefibFinder are directed to people residing in the United Kingdom (excluding the Isle of Man and Channel Islands) and Republic of Ireland. We do not represent that content available on or through The Circuit or DefibFinder is appropriate for use or available in other locations.

e) You acknowledge that all Intellectual Property Rights in or arising out of or in connection with The Circuit Services shall be owned by BHF.

f) You must not use any part of the content on The Circuit and/or DefibFinder for commercial purposes.

g) There is no duty of care (in contract or tort) on the part of BHF to any party making use of either The Circuit or DefibFinder and you do so at your own risk and choice.

3. Personal Data

a) By using The Circuit or any of our services, or providing us with any personal data, your personal data will be used and disclosed in the manner set out in in these terms and conditions, our BHF Website terms and conditions and our Privacy Policy.

b) As part of The Circuit Services, BHF will provide periodic email reminders and notifications to you via the email account you register with us when you set up an account regarding, but not limited to, the requirement to carry out status checks of the defibrillator device you have registered.

c) The personal information that you provide to us when you register an account on The Circuit will be shared with Ambulance Service Providers to provide emergency services. Ambulance Service Providers will also be able to generate email reminders and notifications to you via the email account you register with us when you set up an account on The Circuit for specific maintenance of your registered defibrillator and defibrillator status.

d) When you register as a Supporting Guardian, Single Guardians and Organisation Admin Account Holders will be able to generate and send email notifications to you in respect of the management of the defibrillator you are supporting. Some Guardians may receive an email notification inviting them to become a Supporting Guardian.

e) We may disclose your personal data to a third party in the event that all or part of The Circuit or DefibFinder are or are intended to be assigned to another entity.

f) If you are invited by an organisation to join The Circuit, to look after a defibrillator or sent a request to share your defibrillator data with the organisation, and you consent, your name, email address, contact number, defibrillator location and status will be shared with the Organisation Admin Account Holder who sent the request. Any other Organisation Admin Account Holders who have access to the account will also have access to the aforementioned data.

g) We (BHF) reserve the right to delete Single Guardian and Organisation Admin Account Holders on The Circuit, if you have not registered a defibrillator within 37 days of creating your account.

h) We (BHF) and Ambulance Service Providers reserve the right to contact Single Guardians, Support Guardians, Organisation Account Holders and Organisations with an Organisation Account regarding the maintenance of defibrillators and reserve the right to delete accounts and defibrillator information if no response after multiple contacts.

i) The BHF will not use your personal data obtained through the Circuit to market defibrillators and/or related products or consumables to you.  If we obtain your personal data through other channels, such as if you participate in a BHF event or you opt into marketing through www.bhf.org.uk then we can market our other services, products, aims, and ideals to you.

4. Location Data

a) The device location, access and availability data including the times it is available and its status, will also be made publicly available on DefibFinder. www.defibfinder.uk a separate, but associated Website(s) owned and operated by BHF where members of the public can conduct a search for defibrillator devices within a respective area of the UK. No personal data will be disclosed on DefibFinder.

b) In the event of an emergency, members of the public may search for the location of the nearest defibrillator to them and may wish to access it. This search function may also be used by individuals who are considering purchasing a defibrillator and want to know if there are any defibrillators already in the area.

c) The location, status and access data will be made available in a data download from the BHF website each month for use to organisations and local authorities making decisions on where to place new devices. It can also be used by academics or researchers in the field of out-of-hospital cardiac arrest and community response. It is not for use for commercial or marketing purposes and is not for use for the creation of an application for public use.

d) The location, access and availability data will also be made available for the use of approved external websites including, but not limited to; PADMap and the control systems of other emergency services, e.g. police, fire and rescue, Coastguard

e) BHF may also elect to publish location and status information on other BHF owned and operated websites, as the case may be, from time-to-time.

f) BHF will not publish the names of Guardians or contact details for in any of the above cases.

5. Further terms for Ambulance Service Providers

a) You warrant that you have the right, authority and capacity to enter into these terms and conditions on the behalf of your Ambulance Service.

b) You agree that you will use The Circuit Services in accordance with these terms and conditions and for the purposes of emergency services only, including directing members of the public to registered public access defibrillators in the event of a cardiac arrest and specific maintenance communications with Private End Users and Organisation Admin Account Holders subject to paragraph 4.h) below. You shall not use The Circuit, The Circuit Services or any Materials for any other activity or purpose.

c) We exclude all implied conditions, warranties, representations or other terms that may apply to our The Circuit or any content on it.

d) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

i. use of, or inability to use, The Circuit;p>

ii. use of or reliance on any content displayed on The Circuit;

iii. the provision of, or our failure to provide, any products, services or events ordered or made available through The Circuit;

In particular, we will not be liable for:

iv. loss of profits, sales, business, or revenue;

v. business interruption;

vi. loss of anticipated savings;

vii. loss of business opportunity, goodwill or reputation;

viii. any indirect or consequential loss or damage.

ix. operational errors.

e) Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

f) BHF grants to you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the contract to copy The Circuit data sets into your CAD systems via The Circuit Services for the purpose of receiving and using The Circuit Services in your organisation only.

g) You warrant that you shall only access and use the personal information provided by Private End Users and Organisation Admin Account Holders for the purposes of generating, reminder notifications and updates regarding defibrillator status and maintenance for Private End Users and Organisation Admin Account Holders.

h) BHF and Ambulance Service Provider shall comply with their obligations under applicable data protection legislation, including, as applicable, the Data Protection Act 2018 and General Data Protection Regulation ("GDPR") (or its equivalent implementing legislation) and including where applicable the guidance and codes of practice issued by the Information Commissioner or any other relevant regulator. Any data protection terms in this clause shall have the meaning ascribed to them by the GDPR.