Skip to main content
search

Terms and conditions: ESCAPE-pain training materials

1.       Definitions

1.1.   “Affiliate” means any business entity which controls, is controlled by, or is under the common control with GSTT or ORUK. For the purposes of this definition, a business entity shall be deemed to control another business entity if it owns, directly or indirectly, in excess of 50% of the voting interest in such business entity or the power to direct the management of such business entity.

1.2.   “Derivatives” means any new work or modification to the Materials, including changes, revisions, alterations, enhancements, Improvements, or other transformations based on pre-existing material.

1.3.   “GSTT” refers to Guy’s and St Thomas’ NHS Foundation Trust.

1.4.   “Intellectual Property Rights” means any and all utility models, rights to inventions, copyright and related rights, moral rights, trademarks, 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, rights in computer software, 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.

1.5.   “Know How” Means unpatented technical and other information, including, but not limited to, methods, concepts, ideas, modifications, techniques, processes, procedures, prototypes, formulae, data (raw and secondary), designs, experiments, equipment specifications, experimental design and results, laboratory records, chemical, pharmacological, toxicological, clinical, analytical and quality control data, research plans, reports, summaries, and information contained in submissions to ethical committees and regulatory authorities. It also includes any documents embodying such matters and associated rights, such as copyright, database rights, and design rights. The fact that an item is known to the public does not exclude the possibility that a compilation, development, or analysis relating to the item remains non-public.

1.6.   “Materials” means any and all downloadable content made available on the Escape Pain website (https://escape-pain.org/), including but not limited to brochures, Excel files, Word documents, PDFs, resource links, and any other digital files provided for Programme use.

1.7.   “ORUK” refers to Orthopaedic Research UK.

1.8.   “Programme” means the Escape Pain rehabilitation programme for people with osteoarthritis.

1.9.   “User” means any individual who downloads, views, or uses the Materials.

2.       Grant of License

  • The Materials are owned by GSTT and are provided to you solely for non-commercial, personal, educational, or clinical use in connection with delivering the Programme.
  • GSTT grants you a non-exclusive, non-transferable, revocable license to download, view, and use the Materials for the permitted purposes in Section 2.1.
  • No right, title, or interest in or to the Materials (or any modified versions thereof) other than this limited license is granted to you; all rights not expressly granted are reserved by GSTT.

3.       Prohibited Uses

  • You may not, under any circumstances, use the Materials for commercial purposes (including, without limitation, for sale, sublicensing, or generating revenue) without obtaining a separate, written license from GSTT. If you wish to use the Materials commercially (for example, to charge fees or sell training courses), you must contact the Health Innovation Network South London (operating on behalf of GSTT) in writing at:

Email: hin.southlondon@nhs.net

Postal Address: Health Innovation Network South London, 10th Floor, Becket House, 1 Lambeth Palace Rd, London SE1 7EU

and enter into a formal licensing agreement, including payment terms, with GSTT.

  • You may not sublicense, redistribute, publish, perform, or display any of the Materials (or portions thereof) to third parties except as expressly permitted herein.
  • You may not remove, modify, or obscure any copyright or other proprietary notices contained in the Materials.
  • You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the underlying data or source from any Material that is provided in a compiled or locked format.
  • You may not create Derivatives that imply endorsement by GSTT, ORUK, or any Affiliate, or that misrepresent your relationship with them.

4.       Ownership and Intellectual Property

  • Ownership
    • All Intellectual Property Rights in and to the Materials, whether developed solely by GSTT or jointly developed with ORUK, shall remain exclusively vested in GSTT, or where expressly indicated, jointly in GSTT and ORUK.
  • No Transfer of Ownership
    • Nothing in these Terms shall be construed to grant you any ownership interest in the Materials. Your right to use the Materials is strictly limited to the license granted in Section 2. Any use outside the scope of that license is prohibited.
  • Derivative Works
    • If you create any Derivatives based on the Materials, you hereby acknowledge and agree that:
      • GSTT will own all right, title, and interest, including all Intellectual Property Rights, in and to any such Derivatives; and
      • if requested by GSTT, you will assign any and all such rights to GSTT, without additional consideration.
    • Any Derivative Works shall bear a clear attribution to GSTT as the original owner of the underlying Materials and include a reference back to these Terms.
  • Reservation of Rights
    • All rights not expressly granted to you in these Terms (including, without limitation, any additional rights to reproduce, distribute, create public performances, or make adaptations) are hereby reserved by GSTT.
  • Preservation of Notices
    • You must not remove, alter, or obscure any proprietary notices, marks, or legends (including copyright, trademark, or confidentiality notices) contained in the Materials or any Derivative Works.

5.       Disclaimer of Warranties

  • The Materials are provided “AS IS” and “AS AVAILABLE,” without any representations or warranties of any kind, whether express, implied, statutory, or otherwise. GSTT expressly disclaims all warranties, including but not limited to:
    • Accuracy, completeness, or currency of the content;
    • Merchantability, fitness for a particular purpose, or non-infringement;
    • That the Materials will meet your needs, operate uninterruptedly, or be error-free;
    • Any implied warranties arising out of course of dealing or usage of trade;
    • Any assurance that the Materials conform to current law, regulatory guidance, or good industry practice.
  • You assume all risk associated with your use of the Materials, including but not limited to reliance on the accuracy, completeness, or timeliness of any Material. You further acknowledge and agree that it is your sole responsibility to assess the suitability, accuracy, and safety of the Materials before using them for personal, educational, or clinical purposes, or in connection with delivering the Programme.

6.       Limitation of Liability

  • To the maximum extent permitted by applicable law, in no event shall GSTT (or its officers, trustees, employees, agents or Affiliates) be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages whatsoever (including, without limitation, loss of profits, loss of data, loss of goodwill, or loss of business opportunity), whether based in contract, tort (including negligence), strict liability, or otherwise, arising from or related to:
    • Your use or inability to use the Materials;
    • Any errors, omissions, interruptions, defects, or delays in the Materials;
    • Use of or reliance on any information obtained from the Materials; or
    • Any matter beyond GSTT’s reasonable control.
  • To the maximum extent permitted by applicable law, GSTT’s total aggregate liability arising out of or in connection with these Terms shall in no event exceed one hundred pounds (£100).

7.       Indemnification

  • To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless GSTT, ORUK, and their respective trustees, officers, employees, Affiliates, and agents (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with:
    • Your breach of these Terms;
    • Your misuse of the Materials;
    • Your negligent or willful misconduct;
    • Claims by third parties arising from your use of the Materials or Derivative Works.
  • GSTT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, in which event you agree to cooperate fully with GSTT’s defense of such claim.

8.       Privacy and Data Collection

  • As a condition of downloading the Materials, you may be required to provide an email address and/or basic contact information. Any personal data you submit will be handled in accordance with the ESCAPE-pain privacy policy. By downloading the Materials, you consent to GSTT’s collection, storage, and use of your personal data as described therein.

9.       Termination

  • This license is effective until terminated. Your rights under these Terms will terminate automatically without notice if you fail to comply with any provision of these Terms.
  • Upon termination, you must immediately cease all use of the Materials and delete or destroy all copies in your possession or control. Sections 3 (Prohibited Uses), 4 (Ownership and Intellectual Property), 5 (Disclaimer of Warranties), 6 (Limitation of Liability), 7 (Indemnification), and 10 (Governing Law and Jurisdiction) shall survive termination.
  • GSTT may terminate this license at any time, without cause, by posting a notice of termination on the Escape Pain website (https://escape-pain.org/), (and, where applicable, by sending an email to the address you provided at download). Such termination will take effect thirty (30) calendar days after the date that notice is first posted (or emailed).

10.   Governing Law and Jurisdiction

  • These Terms and any dispute arising out of or related to these Terms shall be governed by and construed in accordance with the laws of England and Wales.
  • You agree to submit to the exclusive jurisdiction of the English courts for any claim or dispute arising out of or relating to these Terms or your use of the Materials.

11.   Miscellaneous

  • Modifications
    • GSTT reserves the right to modify or update these Terms at any time by posting a revised version on https://escape-pain.org/. Your continued download or use of the Materials following any such changes constitutes your acceptance of the revised Terms.
  • Severability
    • If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
  • Entire Agreement
    • These Terms constitute the entire agreement between you and GSTT regarding the subject matter herein and supersede all prior agreements, understandings, and communications, whether written or oral.
  • No Waiver
    • GSTT’s failure to enforce any provision of these Terms shall not be construed as a waiver of any subsequent breach of that provision or any other provision.

Last updated: June 2025

Close Menu