Terms of Use

PART 1 – BACKGROUND, PURPOSE AND PERMITTED USERS

This page (together with our Data Handling Policy tells you information about us (as defined below) and the legal terms and conditions (Terms of Use) on which you can access and use the Site (as defined below).

Please read these Terms of Use carefully before you start to use the Site. By using the Site, you confirm that you accept these Terms of Use (Including this Part 1, the relevant set of Specific User Terms in Part 2 and the General Terms of Use in Part 3) and that you agree to comply with them. We recommend that you print and retain a copy of these terms for future reference. If you do not agree to these Terms of Use, or the Data Handling Policy, you must not use the Site.

We may amend these Terms of Use from time to time. Please check these Terms of Use regularly to ensure you understand the terms which will apply at that time. You should print a copy of these Terms of Use or save them to your computer for future reference.

1.1 INFORMATION ABOUT US

The website available at https://www.embody-ortho.com ("the Site") is owned by Embody Orthopaedic Limited (referred to in these Terms of Use as "our", "us" or "we"), a company registered in England and Wales under company number 08139224, having our registered office at 59b Thornhill Road and our main trading address at Embody Orthopaedic Ltd, 7L24, Lab Block, Charing Cross Hospital, London W6 8RF. Our VAT number is 156 1932 06.

1.2 THE PURPOSE OF THE SITE

The primary purpose of the Site is to provide a resource to enable Surgeons (defined below) and their Clinical Team Members (defined below) at their hospital, health centre or medical practice ("Centre") to:

  • set up a clinical profile ("Case") for a patient requiring surgery ("Patient");

  • record information relating to a Patient as part of their Case, including: their name and date of birth; details of their health including their condition(s) requiring surgery (which may include the results of CT scans); their past and planned surgical treatment(s); and details of their recovery from their surgery ("Case Details");

  • design and produce a surgical plan for a particular surgical procedure or set of procedures for a Patient ("Plan");

  • design and produce (using our 3D printing services) a 3D model of a surgical guide to aid a particular surgical procedure or set of procedures for a Patient ("Guide"); and

  • to share Case Details with selected health care professionals (including other surgeons, members of their clinical teams and associated administrative staff) and/or academic researchers in accordance with our Data Handling Policy.

1.3 PERMITTED USERS AND ROLES

The Site is therefore only intended for use by the following types of user:

  • surgeons registered with the UK General Medical Council; and

  • other health care professionals who are members of a clinical team health care and associated administrative staff

By seeking to register a user account on the Site ("Embody Account"), you confirm that you fall within one of the above categories of permitted user. You also confirm that you agree to the specific set of user terms applicable to you, as shown in Part 2 of these terms ("Specific User Terms").

These Specific User Terms cover, as applicable:

  • your responsibilities as Operating Surgeon or other member of the team involved in the patient's Case (including administrative staff) ("Clinical Team Members"); and also

  • the additional administrative responsibilities which arise if you have agreed to assume the role of "Centre Admin" for your Centre, and/or "Case Creator" for a particular Case.

PART 2 – SPECIFIC USER TERMS

In addition to the introductory terms in Part 1 above and the General Terms of Use in Part 3 below (which will both apply to all users of the Site), the following additional specific terms apply to the different categories of user of the Site.

If you are not clear which terms apply to you, or have any questions on any of the Specific User Terms, please email us at info@embody-ortho.com.

2.1 CLINICAL TEAM MEMBERS

2.1.1 ALL CLINICAL TEAM MEMBERS: PROTECTING PATIENTS

  • We expect you to exercise the utmost professional and personal integrity when using the Site and will have the right to suspend or terminate (in our sole discretion) your access to any Patient's Case Details or part or all of the Site at any time for breach of the obligations in these Terms of Use or for any other reason without incurring any liability to you.

  • Information contained on a Patient's Case is personal data and special category data under the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) and you must hold and use it securely in accordance with the Data Protection Act 2018, GDPR and all applicable data legislation.

  • Information contained on a Patient’s Case is also confidential information and you must keep such information confidential in accordance with all applicable guidelines relating to the storage and use of patient confidential information published from time to time, including Confidentiality: NHS Code of Practice and the GMC's guidance on Confidentiality.

  • Clinical Team Members can view and make amendments to Plans for each Case to which they have access but the responsibility for reviewing and approving the final version of any Plan (and for authorising the production of any Guide) remains with the Operating Surgeon (see 1.2 below).

  • By registering for the Site and setting up an Embody Account you will not have any automatic right to review any Patient's Case Details; access to a particular Case will be granted only where the Operating Surgeon/Case Creator (see 2.2 below) determines that your access is appropriate and lawful in the circumstances, and has invited you to have such access.

  • You must notify us immediately by email to info@embody-ortho.com if you become aware of any breach of confidentiality or loss of data relating to a Patient's Case.

  • You must either notify us immediately if, for whatever reason, you gain access through the Site to a Case in error (for example, where the Case is for a Patient who is clearly not one the Patients in your care).

  • Please note that Patients have a right to restrict or object to the processing of information about them and this may therefore result in the removal of your access to their Case. Where they do this you shall notify Embody immediately and arrange for the relevant Case Creator (see 2.2 below) to "Discard" the relevant case details.

  • You understand that the terms and conditions in these Specific User Terms apply in addition to the introductory terms in Part 1 above and the General Terms of Use in Part 3 below.

  • You agree to indemnify (that is, protect and reimburse) us and keep us indemnified in relation to costs and liabilities incurred arising directly from any claims (actual or threatened) or fines made against us arising from your breach of these Specific User Terms in this Part 2.

2.1.2 SURGEONS

  • The activation of your Embody Account is subject to our verifying that you are a Surgeon registered with the General Medical Council ("GMC") in the UK. We normally do this by requesting access to a copy of your GMC certificate although our verification processes may change from time to time. Your Embody Account will not be activated until such verification is complete.

  • Once your Embody Account is activated, you will have access to your own "Case List". This is a list of Cases for Patients who have agreed that you may create and/or review their Case Details, either because you are their Surgeon, or because your access has been approved by another Embody user.

  • For each Case, a Surgeon may be assigned as the "Operating Surgeon". This is the Surgeon who will use the Plan/Guide created using the Site to perform the surgical procedure or set of procedures required by the Patient, and who is responsible for the Case more generally. You can use the Site to assign yourself as Operating Surgeon or you can assign another Surgeon with this role, provided that he/she agrees and is based at the Centre where the Patient is registered.

  • Where using the Site as Operating Surgeon you agree that you are entitled to process the information contained in a Patient’s Case and you agree to Embody processing information contained in a Patient’s Case under your responsibility, and in each case only where necessary for the purposes of medicine, health care or treatment or as permitted under GDPR and the Data Protection Act 2018.

  • Where using the Site as Operating Surgeon you agree that you are responsible for ensuring that for each Case the Patient receives a copy of the Data Handling Policy and that you or your Clinical Team Members do not make use of the Site in relation to a Patient’s Case until you have determined that such Patient is happy with Embody’s involvement.

  • Where using the site as Operating Surgeon you agree that you are responsible for the use of the Site by you and your Clinical Team Members. Other Clinical Team Members may work on the design for a Plan and/or a Guide but you, as the Surgeon ultimately responsible for a Patient's care, have sole responsibility for reviewing and approving the final version of all Plans and for authorising the production of all Guides.

  • You are expected to inform the Patient in each Case of Embody’s involvement before sharing any confidential information with Embody in accordance with applicable guidelines relating to the use and disclosure of patient confidential information published from time to time, including Confidentiality: NHS Code of Practice and GMC’s guidance on Confidentiality.

  • You will also use your best endeavours to ensure that all Clinical Team Members who have access to Patients' Case Details and other personal data via your Case List maintain the confidentiality of the information and comply with these Terms of Use, as applicable to them.

  • You are expected regularly to review the list of Clinical Team Members who have been granted access to each of your Cases and will be responsible for ensuring that any such lists for each case remains current.

2.1.3 OTHER CLINICAL TEAM MEMBERS

  • The Clinical Team for each Case is selected on a case-by-case basis by the Case Creator (see 2.2 below) and will include the Operating Surgeon plus potentially other Surgeons (including for the purpose of providing second opinions), theatre staff, and authorised administrative staff (such as secretaries).

  • Your Embody Account will not be activated until your identity is verified by a Surgeon (who, in turn, has also been verified as an approved user of the Site) at your Centre.

2.2 ADMIN ROLES

2.2.1 CENTRE ADMIN

  • At least one "Centre Admin" must be assigned in respect of each "Centre" (hospital, health centre or medical practice).

  • The Centre Admin is responsible for reviewing the contact details of each Centre and keeping these up to date (theatre address, hospital address, contacts, etc.).

  • A Centre Admin can either be a Surgeon, other Clinical Team Member or other administrator who assists a Surgeon [or a Surgeon Associate]. A Centre Admin can view and make amendments to details about the Centre and can create or delete connections between users of the Site and their Centre.

  • Centre Admins are also responsible linking other users on the site (existing and new) to a Centre.

  • There can be multiple Centre Admins at each Centre, so the responsibility for keeping details up to date can therefore be shared by a team of Centre Admins.

  • Centre Admins can contact Embody for any enquiries and updates relating to Centre details.

2.2.2 Case Creator

  • The "Case Creator" for a given Case is the user of the Site who first adds the Case.

  • The Case Creator is responsible for:

    • Submitting Cases: entering Case Details, uploading scan data (and other additional files deemed necessary), and is also responsible for assigning the Operating Surgeon;

    • Assigning the Operating Surgeon; and

    • Managing the Clinical Team on each Case.

  • Case Creators may be a Surgeon, or another registered user of the Site uploading a case on a Surgeon's behalf. Users can only create a case if they are assigned to a Centre.

  • In Cases where an Operating Surgeon is adding a Case, and assigning himself or herself as the Operating Surgeon, the Operating Surgeon assumes the additional role of Case Creator.

  • Each case will remain in "Draft" status until submitted. While the Case is in "Draft" status, details can be edited.

Submitting a Case

  • The Site allows a Case Creator (who may also be the Operating Surgeon) to submit a Case. The Case Creator should ensure that the Case Details are correct, before the Case is submitted.

  • Once the details of a Case are submitted, they cannot be edited.

  • Submitting a Case will mean that you have submitted an order on behalf of your Centre/Operating Surgeon for a Plan and/or Guide. Orders will be subject to Embody's Terms and Conditions of Supply.

Selecting the operating surgeon

  • In order for a Case Creator to nominate an Operating Surgeon for a Case:

    • the Operating Surgeon must be a contact of the Case Creator on the Site;

    • the Case Creator must be registered at the same Centre as the Operating Surgeon;

    • the Case must registered at that Centre.

Managing the clinical team

  • The Clinical Team is selected by the Case Creator when adding a Case.

  • Users cannot be permitted access to a Case unless they are contacts with the Case Creator on the Site.

  • The Case Creator may allow full or restricted access to the Case.

  • Throughout the duration of the Case the Case Creator (and Operating Surgeon, where not one and the same) has permissions to "Manage Clinical Team". In this area, a person with Case Management Permissions can add and remove members of staff.

  • The Case Creator (and the Operating Surgeon, where not one and the same) must ensure that the accesses granted to the Clinical Team are up-to-date and where users leave a Clinical Team, that their access to any relevant Case(s) is/are removed

PART 3 – GENERAL TERMS OF USE (APPLICABLE TO ALL USERS OF THE SITE)

3.1 CONFIDENTIALITY

Information contained on a Patient’s Case includes confidential information and Embody and all users of the site undertake to maintain the confidentiality of such information.

3.2 AVAILABILITY OF THE SITE

We may update the Site from time to time, and may change its content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it.

Due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Site is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind. We do not accept any liability arising from any interruption in availability.

We reserve absolutely the right to withdraw or suspend the Site where we deem this to be necessary without notice and will not be liable to you for such unavailability.

3.3 NO RELIANCE ON SITE CONTENT

The information on the Site does not necessarily reflect our views and opinions. Neither should any suggestions or advice contained on the Site be relied upon in place of individual advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on the Site before entering into any commitment based upon them. We do not accept any liability arising from any inaccuracy or omission in the information.

3.4 YOUR ACCOUNT AND PASSWORD

If you register a username and password for the Site, or if you are provided with any other security information in connection with your Embody Account, you must treat such information as confidential.

We have the right to disable any Embody Account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us by emailing us at info@embody-ortho.com.

3.5 INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it, including (without limitation):

  • Embody's 3D modelling tool: an online (web based) tool for visualisation (show/hide/transparent), manipulation (transform/translate/rotate), and making edits to (viewing surgical cuts) virtual 3D objects (STLs) in space (within frames of reference). The tool is in this case used for the planning of orthopaedic surgeries, by modelling the visualisation and manipulation of patient anatomy (bone and skin) and of variously shaped STLs representing implants. It is also a tool for measuring angles and distances of points in space from, one another. The measurements for the plan will be used as to inform the Plan and Guide Design; and

  • the various databases and datasets created via the Site.

As a registered user of the Site, you may download a single copy of the content on it to a single computer or other device for your own private purposes only and print a single copy of the same for the sole purpose of retaining a copy for your own personal records only.

Nothing in these Terms of Use shall be construed as conferring any wider licence to use or reproduce any content included on the Site. Without limitation to the above, you agree that you must not:

  • modify the paper or digital copies of any materials you have printed off or downloaded in any way;

  • use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or

  • copy or distribute any material for any commercial or business purpose.

In the event of any use of material in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No use of our name, logos and/or other trademarks (whether registered or unregistered) may be made by you without separate express written agreement being given by Us, which shall be at our sole discretion.

You grant us a perpetual, irrevocable, royalty-free, worldwide licence (including the right to sub-license) to use and reproduce any information or material you post on the website for any purpose and in any form of media. Where that information constitutes personal data, our use of such data will be consistent with the terms of our Data Handling Policy.

3.6 PROHIBITED USE

You agree not to use the Site:

  • to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the website, except where expressly permitted on the website;

  • to disseminate advertisements or for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);

  • to transmit or re-circulate any material obtained from this website except where expressly permitted on this website;

  • to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • to disseminate any material which is abusive, defamatory or obscene, may harass, offend or inconvenience any person, applauds, encourages or entices abuse, discrimination or criminal activity or which might restrict or inhibit the use and enjoyment of the website by any person;

  • to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • in any way that might infringe third party privacy or intellectual property rights, is unlawful or that does or might damage the reputation of Us or of Imperial College London; or

  • to post link(s) that take users to material that contravenes any of the above restrictions

3.7 USER GENERATED CONTENT

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in clause 6 of these Terms of Use (Part 3), where relevant. These features of the Site are provided for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Site in a manner which is inconsistent with those stated purposes is strictly prohibited.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of the Site. We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in clause 6 of these Terms of Use (Part 3). The views expressed by other users on the Site do not necessary represent our views or values.

It is our policy not to view, edit or pre-screen any contribution that you or anyone else make to any part of the Site where users may post content. Therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the Site. We reserve the right at our sole discretion to refuse or remove any content that is posted to, or available on, the Site without the need to give any reasons for doing so (but we do not assume any obligation to do so)

3.8 LIMITATION OF OUR LIABILITY

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. We will not be liable to any user 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:

  • use of, or inability to use, the Site (including your Embody Account); or

  • use of or reliance on any content displayed on the Site.

You agree not to use the website for any commercial or business purposes, except as expressly permitted on the site, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any Site linked to it.

We assume no responsibility for the content of websites linked on the website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

3.9 THIRD PARTY LINKS

Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. You acknowledge that the content on those pages is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for their content. We will not be liable for any loss or damage that may arise from your use of them.

3.10 OTHER IMPORTANT TERMS

Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms of Use are governed by English law and are available only in English. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any dispute or claim arising under these Terms of Use.

3.11 CONTACT US

To contact us about the Site or to enquire about our services more generally, please email us at info@embodyortho.com.

These Terms of Use were last updated in October 2018.