09 December 2019 13:49

British Heart Foundation

Grants Management System (GMS) Terms and Conditions of Use

These Terms and Conditions of Use (“these Ts & Cs”) set out the provisions relevant to all applications for funding as submitted to the British Heart Foundation (“BHF”, “we” and “us”) via the GMS. You are hereinafter referred to as “you” or the “User”. Your use of the GMS constitutes acceptance of these Ts & Cs. If you do not agree to abide by these Ts & Cs please do not use the GMS.


1. Definitions

1.1. A ‘User’ is anyone with access to log into the GMS.

1.2. An ‘Application’ is the written request for endorsement or financial support from the BHF.

1.3. ‘Personal Information’ is any information you supply as part of an Application. This may include your name, address, email, phone number, date of birth, institution you work for, your salary, and any further information provided in your curriculum vitae.

1.4. A ‘Reviewer’ is an external party which reviews the application and provides the BHF with an expert opinion on the quality of the proposed research.

1.5. User status is one of the following: Principal Investigator, Co-Applicant/ Supervisor, Head of Department, Institution Administrative Authority, Reviewer or Grant Funding Committee Member.


2. Registration

2.1. All information you submit to the BHF as part of the registration process will be processed by the BHF in strict accordance with the Data Protection Act 2018 and these Ts & Cs. As a User you must at all times supply us with accurate, up-to-date and complete registration information. Failure to do so may result in delays in establishing you as a User and/or in processing your Application(s).


3. Your Use of the GMS

3.1. You agree to use the GMS strictly in accordance with these Ts & Cs, the BHF Standard Conditions of Grant, as well as any other instructions issued by us from time to time. You must only use those parts of the GMS to which you have been given access. Attempting to breach relevant access levels would be a breach of these Ts & Cs. We reserve the right to terminate your registration and access rights in the event that you access or attempt to access the GMS in a way, or for any purpose not permitted by your User status.

3.2. You agree to use the GMS only for lawful purposes. You are expressly prohibited from uploading, distributing or publishing on the GMS (of from using the GMS to publish or distribute) any material that:

  • is defamatory, abusive, offensive or otherwise illegal;
  • is pornographic, racist or homophobic or other such behaviour;
  • is infected with a computer virus, worm, “Trojan Horse” or similar;
  • infringes the intellectual property rights of the BHF or third parties; or
  • may in any other way bring BHF or yourself into disrepute.

 

4. Changes to these Terms

4.1. BHF may at any time, and at its sole discretion, modify or revise these Ts & Cs by posting notice of the change(s) on our website. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified.


5. Availability and modification of the GMS

5.1. The GMS is a web-based grant application system accessed through a URL (the “Site”). You acknowledge that from time to time we may need to suspend availability to the GMS and/or the Site, in order to carry out routine maintenance, including installing system backups and upgrades. You acknowledge that we have the right to suspend such availability. You further agree that we have the right to change the format or technical specification of the GMS and/or Site, at our sole discretion.

5.2. Where we consider it appropriate to do so, we will use reasonable endeavours to give you advanced notice of any significant changes to the GMS (and/or Site to the extent that the latter will affect your use of the GMS). We reserve the right to change, suspend or discontinue any or all parts of the GMS and/or Site without incurring any liability to you.


6. Security of the GMS/Password Security

6.1. You must take all necessary steps to protect and keep your User login ID and password confidential. In the event that you suspect any unauthorised use of your User login ID and password, you must notify the BHF on gmsqueries@bhf.org.uk immediately.

6.2. Sharing your User login ID and password with any other party, is strictly prohibited. Such action may result in you being denied access to the GMS and/or other appropriate legal action being taken against you and potentially such third parties.


7. Data Protection

7.1. You acknowledge that the GMS allows Users with Co-Applicant , Head of Department, & Institution Administrative Authority status to review Personal Information submitted by you, including Curricula Vitae, in order to approve such new Applications (subject to your invitation) and manage grants. Therefore users must ensure that all Personal Information they submit to the GMS is kept up-to-date and accurate. You may update your Personal Information at any time by clicking on ‘My Contact Details’ once logged into the GMS.

7.2. In submitting your personal details to us via the GMS you also agree to third parties, such as Reviewers and Grant Funding Committee Members, having access to the Applications you submit to us and therefore to any of your Personal Information contained in an Application. These third parties are allowed access to your Personal Information only to the extent that is necessary to enable them to fulfil the tasks assigned to them by the BHF (e.g. evaluating your Application).

7.3. In submitting personal details of colleagues you warrant that you have obtained their full consent to do so.

7.4. If you have access via the GMS to others’ Personal Information in connection with an Application (e.g. as Principal Investigator, Co-Applicant, Head of Department, Institution Administrative Authority, or Reviewer), you agree to use this information solely for the bona fide purposes of the Application.

7.5. In the event of any data breach (including any use of the Personal Information on the GMS for purposes outside of the bona fide grants Application process), you will notify BHF immediately and within 48 hours.

7.6. BHF takes reasonable precautions (including all reasonable technological and organisational measures) to prevent the loss, misuse or alteration of any information you submit to us via the GMS. The BHF cannot warrant the security of any information you transmit to us. Occasionally we may need to amend your data to ensure that they are in an appropriate format for our database (e.g. formatting address fields).


8. Privacy

8.1. BHF will use your Personal Information in connection with processing and administering grant Applications and successful Grants, for statistical analysis and for administration purposes. We may also use your Personal Information to publish on BHF Grants or promote the work of BHF. We may also use your Personal Information to invite you to be a Reviewer, a member of our Grant Funding Committees or be in contact regarding other BHF opportunities.

8.2. We may share your Personal Information with third parties, such as Reviewers, members of our Grant Funding Committees, GMS platform providers, research and partner organisations and potential or current donors. We will only share your personal information in accordance with these Ts & Cs and BHF’s Standard Conditions of Grant.

8.3 The BHF and our partner organisations may publish some Personal Information, for example the names of Principal Investigators, to report on and promote our work.

8.3. You have a right to access any Personal Information we hold about you. You can update your Personal Information by clicking on ‘My Contact Details’ once logged into the GMS. For more information please see https://www.bhf.org.uk/privacy


9. Intellectual Property Rights (IPR) – Ownership of the Information stored on the GMS

9.1. With the exception of Personal Information, the BHF owns the copyright on all material and information stored in the GMS, and all related intellectual property rights, including but not limited to all database rights, design rights, trademarks and logos.

9.2. By submitting your Personal Information to us, you agree that you are granting to BHF a world-wide, royalty-free, irrevocable and non-exclusive licence to copy, reproduce, display, modify, upload, download, transmit, communicate, adapt, distribute, publish or otherwise make available the User Information, in whole or in part, to the extent necessary to make this information available to other Users and to its employees who are involved in the application award process. BHF’s full Terms and Conditions pertaining to Intellectual Property Rights and commercial exploitation of research are set out in BHF’s Standard Conditions of Grant.


10. Limitation of Liability and Disclaimer

10.1. The GMS is provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied. We do not guarantee the accuracy, timeliness, completeness, performance, satisfactory quality or fitness for a particular purpose of the GMS or any of its contents. All other implied warranties are excluded to the extent that they may be excluded as a matter of law. BHF is not responsible for the Personal Information provided by Users and shall not be held liable for storing in the GMS, and otherwise processing or publishing any User information that infringes third party Intellectual Property Rights.

10.2. BHF does not warrant that the GMS functions will be uninterrupted and error free, that defects will be corrected, or that our website or the server which makes it available are free of viruses or bugs, nor do we guarantee that the GMS is compatible with your computer equipment or software. BHF is not liable for any damages you may suffer as a result of using the GMS and/or our website. You use the GMS at your own risk.

10.3. In no event will BHF be liable for any damages including, and without limitation to indirect or consequential damages, or any damages or loss of profits whatsoever arising from the use or in connection with such use or loss of use of the GMS, whether in contract or in negligence.

10.4. You agree to indemnify, defend and hold harmless BHF, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against BHF by a third party, to the extent that such claim, action or other proceeding is based on, or arises in connection with, your use of the GMS in any way which breaches these Ts &Cs.


11. General

11.1. If these Ts & Cs or any part of them should be determined to be illegal, invalid or otherwise unenforceable then to the extent that they are so illegal, invalid or unenforceable, they shall be treated as severed and deleted here from. The remaining Ts & Cs shall survive and remain in full force and effect.

11.2. BHF will not be responsible for any breach of these Ts & Cs caused by circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism or technical difficulties.

11.3. These Ts & Cs shall be governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.


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