Cirdan Practitioner Portal

Terms of Use

These terms of use (“Terms”) govern your access to and use of the Cirdan Practitioner Portal (the “Portal”), a module of ULTRA Managed Cloud through which authorised professional users may view clinical pathology reports. The Portal is available both as a web application and as mobile applications for Android and iOS devices (the “Apps”). References to the “Portal” include the web application and the Apps, and these Terms apply to your use of the Portal however you access it. Please read these Terms carefully before using the Portal. By accessing or using the Portal, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not access or use the Portal.

The Cirdan group is made up of different legal entities. Cirdan Imaging Ltd., Riverbank, The Green, Tullynacross Road, Lisburn, N. Ireland, BT27 5SR, UK, its affiliates, subsidiaries and other group companies make up the Cirdan group. When we mention “Cirdan”, “we”, “us” or “our” in these Terms, we are referring to the relevant company in the Cirdan group that makes the Portal available to you.

(1)  About these Terms and Definitions

The Portal is provided to the laboratory, hospital or other organisation through which you access it (the “Customer”) under a separate written agreement between Cirdan and the Customer (the “Master Agreement”). These Terms govern your individual access to and use of the Portal as a user. The Master Agreement governs the commercial relationship between Cirdan and the Customer, including service levels, support and fees.

If there is any conflict between these Terms and the Master Agreement, the Master Agreement prevails as between Cirdan and the Customer. These Terms continue to apply to you in your individual capacity as a user of the Portal.

In these Terms:

  1. “LIS” means the laboratory information system (also known as a LIMS) operated in connection with the Customer’s laboratory services, from which reports are generated.
  2. “Report” means a clinical pathology report generated by the LIS and made available for viewing through the Portal, including any HTML and PDF version of that report.
  3. “Privacy Notice” means the Cirdan privacy notice that applies to ULTRA Managed Cloud and its associated services, as updated from time to time.
  4. “you” or “your” means the individual who accesses or uses the Portal, whether you are an employee or worker of the Customer or you access the Portal in connection with services provided by the Customer.

(2)  Who may use the Portal

The Portal is intended solely for use by professional users who are authorised to access clinical pathology information. By accessing or using the Portal, you confirm that:

  1. You are a suitably qualified and, where applicable, registered healthcare or laboratory professional, or are otherwise authorised by the Customer to access the Portal;
  2. You have a legitimate professional reason to access the Reports and other information available to you through the Portal; and
  3. You will access only the Reports and information that you are authorised to access.

Access to the Portal is arranged through the Customer. Cirdan is entitled to rely on the Customer’s authorisation of users and on the Customer’s arrangements for granting, managing and withdrawing access. Whether you are an employee or worker of the Customer, or you use the services of the Customer, these Terms apply to your use of the Portal.

(3)  Your acceptance of these Terms

By accessing or using the Portal you agree to these Terms. Where the Customer has agreed under the Master Agreement to bring these Terms to the attention of its users and to require its users to comply with them, your use of the Portal is also subject to that arrangement.

(4)  What the Portal is

The Portal provides read-only access that allows you to view Reports generated by the LIS. The Portal displays the laboratory’s Report as issued, and allows you to access an HTML version and a PDF version of that Report.

The Report generated by the LIS is the authoritative record and the source of truth for the clinical pathology information it contains, including any result statuses and report statuses set out within it. You should rely on the Report itself, including any statuses contained within it, rather than on any other presentation of that information.

The Portal:

  1. Presents the Report produced by the LIS; it does not create, calculate, interpret or amend the clinical content of the Report;
  2. Does not provide diagnosis, clinical interpretation, clinical advice or treatment recommendations; and
  3. Does not make, and is not intended to make, any clinical decision.

(5)  Clinical responsibility and use of the Portal

The Portal allows you to view Reports for use in connection with your professional role. The way in which the Portal is used in your organisation — including whether it is used as an access point for pathology Reports, and whether it is relied upon in urgent or time-critical situations — is determined by the Customer. The Customer is responsible for assessing and satisfying itself that the Portal is suitable for the use to which the Customer puts it, including any time-critical use, and for putting in place appropriate clinical governance, policies, training and contingency arrangements.

You should use the Portal in accordance with the Customer’s instructions, policies and procedures.

You acknowledge and agree that:

  1. You remain responsible for exercising your own professional knowledge, skill and judgement, and for any clinical decision you make;
  2. Reports, results and statuses may be preliminary, interim, incomplete, awaiting validation, or subsequently amended, corrected or withdrawn, and you should have regard to the status shown for any Report or result;
  3. Where you have reason to doubt the accuracy, completeness or currency of anything shown in the Portal, or where the Portal is unavailable, you should follow the Customer’s procedures, including any contingency or fallback arrangements; and
  4. Nothing in these Terms affects the clinical and professional standards that apply to you, which you must continue to follow.

(6)  Your obligations and acceptable use

When using the Portal you must:

  1. Keep your login credentials confidential and secure, and not share them with, or allow them to be used by, any other person;
  2. Access only the Reports and information that you are authorised to access, and use them only for legitimate professional purposes;
  3. Comply with all laws and professional, confidentiality and data protection obligations that apply to you and to the information you access; and
  4. Notify us or the Customer promptly if you become aware of any unauthorised access to, or use of, the Portal or your credentials.

You must not:

  1. Use the Portal in any unlawful way, or in any way that could damage, disable, overburden or impair it, or interfere with any other user;
  2. Attempt to gain unauthorised access to the Portal, its underlying systems, or any data not intended for you;
  3. Copy, extract, scrape or harvest data from the Portal other than as reasonably necessary for your legitimate professional use; or
  4. Reverse engineer, decompile or disassemble any part of the Portal, or attempt to derive its source code, except to the extent this restriction cannot lawfully be excluded.

(7)  Mobile applications

The Apps are an additional way to access the same Portal service. These Terms apply to your use of the Apps in the same way as to the web application. The Apps require an active internet connection and do not store or retain Report data on your device; when your device is offline you will not be able to view Reports through the Apps.

When you download an App from the Apple App Store or Google Play, your download and use of that App is also subject to the relevant store’s terms. The provider of the relevant store (including Apple and Google) is not a party to these Terms, is not responsible for the Apps or for providing any support or maintenance for them, and these Terms are between you and Cirdan only.

When using the Apps you must also:

  • Keep the device on which you use the App secure, including by enabling any device lock, passcode or biometric protection required by the Customer’s policies;
  • Not use the Apps on a device that has been jailbroken, rooted or otherwise modified in a way that compromises its security;
  • Log out of the App when appropriate and report any lost or stolen device to the Customer promptly, in accordance with the Customer’s policies; and
  • Install updates to the Apps when they become available. We may stop supporting older versions of the Apps, and older versions may cease to function.

(8)  Availability of the Portal

The Portal is provided on an “as is” and “as available” basis. We do not guarantee that the Portal will always be available or that access will be uninterrupted or error-free. We may suspend, withdraw or restrict the availability of all or any part of the Portal for operational, maintenance, security or other reasons. Any specific availability or service-level commitments are set out in the Master Agreement, and not in these Terms. If the Portal is unavailable, you should follow the Customer’s contingency and fallback procedures.

(9)  Intellectual property and right to access

The Portal, and all intellectual property rights in it, belong to Cirdan or its licensors. These Terms grant you a limited, non-exclusive, non-transferable and revocable right to access and use the Portal for your legitimate professional purposes for so long as you are authorised to do so. These Terms do not grant you any licence to, or ownership of, the software underlying the Portal, and no rights are granted to you except as expressly set out here.

(10)  Data protection and privacy

Cirdan’s handling of personal data in connection with the Portal is described in the Practitioner Portal Privacy Notice. In respect of the clinical and patient data made available through the Portal, the Customer is the controller and Cirdan acts as a processor; the arrangements for that processing are set out in the Master Agreement. You must handle all data you access through the Portal in accordance with the law and with your own and the Customer’s data protection and confidentiality obligations. These Terms do not reduce or replace the Privacy Notice.

(11)  Disclaimers and limitation of liability

Nothing in these Terms limits or excludes our liability for:

  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation; or
  • Any other liability that cannot lawfully be limited or excluded.

Subject to the paragraph above, and to the maximum extent permitted by law: the Portal is provided without any warranties, conditions or representations of any kind, whether express or implied, including as to accuracy, completeness, availability, or fitness for a particular purpose; and we are not liable to you for any loss or damage arising out of or in connection with your use of, or inability to use, the Portal, or your reliance on any information viewed through it.

These Terms govern the relationship between Cirdan and you as an individual user. Any liability of Cirdan in connection with the supply of the Portal and associated services to the Customer is governed by, and subject to the limitations and exclusions in, the Master Agreement.

(12)  Suspension and termination of access

We may suspend or withdraw your access to the Portal, and the Customer may request that we do so, at any time, including where you breach these Terms or where you are no longer authorised to use the Portal. Your right to access the Portal also ends if the Master Agreement ends. On termination of your access for any reason, you must stop using the Portal.

(13)  Changes to these Terms

We may update or amend these Terms from time to time, for example to reflect changes to the Portal or to legal or regulatory requirements. Where we do so, we will make the updated Terms available to you. Your continued use of the Portal after the updated Terms take effect confirms your acceptance of them.

(14)  Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of Northern Ireland. The courts of Northern Ireland have exclusive jurisdiction, except that, where you access the Portal from Australia, the provisions of section (15) also apply.

(15)  Users accessing the Portal from Australia

If the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (the “ACL”) applies to your use of the Portal, the following applies. Our services may come with guarantees that cannot be excluded under the ACL. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that you have under the ACL or any other law to the extent that it cannot lawfully be excluded, restricted or modified.

To the extent that we are entitled to do so, our liability for a failure to comply with a guarantee that cannot be excluded under the ACL is limited, at our option, to:

  • Supplying the relevant services again; or
  • Paying the cost of having the relevant services supplied again.

(16)  How to contact us

If you have any questions about these Terms, please contact us by email at support@cirdan.com or by post to:

Cirdan Imaging Ltd.,
Riverbank, The Green,
Tullynacross Road,
Lisburn, Ireland,
BT27 5SR