Portal Terms of Use
1.1 Alder Hey Children’s NHS Foundation Trust has set up the Alder Hey Innovation Portal to focus on collating and coordinating innovative alternative healthcare supplies and solutions.
1.2 The portal has been developed to provide a single route of access for non-traditional NHS suppliers and innovative solution providers to respond to healthcare needs and challenges.
1.3 The terms and conditions below apply to the use of the submission form of proposals. Use of the submission form of a proposal shall be deemed to be acceptance of all conditions established in this document. If an applicant does not accept the terms of this document, it should not submit a proposal.
Submission of proposals
1.4 Individuals and organisations wishing to submit a proposal must first do so on a non-confidential basis via the Portal. The Trust will not respond to or accept proposals made outside the Portal.
1.5 If an applicant submits a joint proposal, it will be assumed that the submitting applicant acts on behalf of and with the authority of the other participants.
1.6 Upon registering proposals, applicants accept that the Trust may request further information in relation to the proposals.
Review
1.7 The Trust will complete an initial review of the proposals submitted by applicants through the Portal. The review shall be undertaken at a high level to consider matters such as:
1.7.1 the party submitting the proposal is currently in existence (for example, is a recognisable legal entity or identifiable individual);
1.7.2 the submitted proposal relates to a realistic offer of help and/or an innovative solution for healthcare supplies and solutions.
1.8 The Trust reserves the right to decide at its discretion whether a proposal meets these minimal requirements. Applicants acknowledge that the Trust, in its sole discretion, may select or reject a proposal or any portion thereof.
1.9 If in the Trust’s opinion, the proposal submitted meets the initial minimum requirements, the Trust may share the proposal with third parties including its affiliates, regional procurement hubs or innovation agencies (“Affiliates”). The Trust has no obligation to share all, or any, proposals.
Confidential Information and Intellectual Property
1.10 The Trust requests all interested applicants to withhold from revealing sensitive technical information about their proposals at this stage and to only include non-confidential information in the proposal.
1.11 By submitting a proposal, you represent that the response does not contain and will not be deemed to contain any confidential information of any kind. The Trust accepts no obligations, and no obligations whatsoever shall be created, relating to the submission of and the content of a proposal through the Portal. This includes, but is not limited to, no obligation on the Trust to maintain confidentiality, consider as proprietary, acknowledge receipt, review, respond or send back an applicants proposal.
1.12 The Trust may, among other things, share the proposal with Affiliates, or publish or disclose publicly any proposal in any way it sees fit. By submitting a proposal, applicants agree that the Trust have the right to use the information free of charge and as the Trust sees fit, including to disclose it to Affiliates for full use and disclosure as they see fit.
1.13 By submitting proposals, applicants warrant that they have the right to disclose the information to the Trust, that the disclosure does not breach any contract or obligation between the applicant and a third party and that, to the best of the applicants knowledge the possession or use of the information by the Trust or any Affiliates does not misappropriate or infringe any intellectual property rights of others.
Status of proposals
1.14 The Portal and the submission of proposals or any other documents through the Portal does not represent an invitation to bid, a formal tender procedure or commercial offer of any kind. All applicants should note that the Portal and the proposals submitted through it, are not a route to NHS supply chain or a replacement for usual NHS procurement and supply procedures.
1.15 Nothing in these terms or the Portal, or the submission of a proposal or the review or sharing of a proposal:
1.15.1 places any obligation on the Trust to implement, practice, license, purchase or provide any solutions, recommendations, inventions, intellectual property, products, concepts, systems, techniques or services, or to enter into any relationship or agreement with any applicant;
1.15.2 creates a relationship of agency, partnership, joint venture, or license between the Trust and any applicant; or
1.15.3 amounts to an endorsement or verification by the Trust of the status of a applicant or its proposal, solution or products.
1.16 Applicants acknowledge that the Trust may currently or in the future be developing, acquiring or licensing information, inventions, intellectual property, products, concepts, systems, techniques or services similar to those being requested through the Portal. Nothing in these terms or the Portal, or the submission of a proposal or the review or sharing of a proposal shall be construed as a representation or agreement that the Trust will refrain from developing or authorising another to develop any products, concepts, systems or techniques that are similar to those contemplated in the submission of proposals through the Portal.
Personal Data
1.17 The Trust do not anticipate that the use of the Portal or submission of proposals shall require the processing of personal data. In so far as the use of the Portal or submission of proposals involves the processing of personal data, participants agree that the Trust may process the personal data for the purposes of assessing the proposal and contacting applicants as required and that the Trust may share the personal data with Affiliates for the same purposes and in accordance with the Trust privacy notice found on the Alder Hey website.
Governing Law
1.18 The Portal and these terms and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and subject to the exclusive jurisdiction of the English courts.
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