PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 6 – LIMITATION OF LIABILITY, CLAUSE 8 – WARRANTIES AND CLAUSE 10 – INFORMATION PROVIDED BY YOU
This End User Licence Agreement (EULA) is a legal agreement between you (the End-user or you) and GP Access Limited, a company incorporated and registered in England and Wales with company number 07814069 whose registered office is The Manor House, 70 Main Street Cossington, Leicester, LE7 4UW (the Licensor, us or we) for:
- The application software known as askmyGP (as defined within the Description of Services), found at the following link: askmyGP.uk including our various websites (including, without limitation, the services available at our websites), SMS, APIs, apps, plug-ins, email notifications, applications, buttons, widgets, adverts, and associated services (Service); and
- Online content, including, without limitation, any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service such as Information Provided by You (as defined at clause 10) (Content).
We licence use of the Service and Content to you on the basis of this EULA and subject to any rules or policies applied by us and/or any third party provider or operator. We do not sell the Service or Content to you. We remain the owners of the Service and Content at all times.
PLEASE NOTE: The Service does not constitute medical advice.
You must NOT use the Service and must contact either your GP directly or the emergency services as appropriate if:
- you are concerned about your condition, for example, because your condition worsens; or
- if your condition is life threatening or you require emergency treatment.
Operating system requirements:
The Service requires a device running an up to date version of Chrome, Internet Explorer, Safari, Firefox, Opera or similar. Internet access is required for the use of the Service.
- If you do not agree to the terms of this licence, we will not license the Service and Content to you and you must stop the process of using or accessing the Service. This may be done by clicking a “Cancel” button, where it is provided.
- The Service and Content are made available to you free of charge. Any costs of using the Service are covered by your healthcare provider who has asked you to use the Service. You may stop streaming, accessing or using the Service at any time.
You should keep a copy of this EULA for future reference.
- The terms of this EULA apply to the Service and any additional services (Additional Services) accessible to you through the Service, including any updates or supplements to the Service or Additional Services, unless they come with separate terms, in which case those terms apply.
- You warrant that you are capable and entitled to enter this agreement and that entering into this agreement is separate to any other agreement you have entered into in relation to the Services.
- We may change these terms at any time by notifying you that there has been a change when you next access the Service. A link to the new terms may be displayed on-screen and you should read and accept them before continuing to use the Service.
- From time to time updates to the Service may be issued. Depending on the update, you may not be able to use the Service until you have updated software or hardware as required and accepted any new terms.
- You will be assumed to have obtained permission from the owners of the devices (handheld or otherwise) that are controlled, but not owned, by you and described in condition 2.2.1 (Devices) to access the Service on the Devices. You and they may be charged by your and/or their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Service and/or any Additional Services on or in relation to any Device, whether or not it is owned by you.
- By using the Service and/or any of the Additional Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals that are internet-based or wireless to improve our products and to provide the Service to you.
- The Service and/or any Additional Services may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
- Although you may be able to access the Services outside the normal surgery hours at your GP practice, any messages relayed through the Service will not be read outside normal surgery hours. If you require assistance outside normal surgery hours, you must call your out of hours doctor or the emergency services as appropriate.
- Medical practitioners and administrators, including GPs;
- Clinical Commissioning Groups and Health Boards who are part of the NHS, to review how this Service is used; and
- The Data Services for Commissioners who are part of the NHS, who may anonymise your data so it can be used by the NHS and other third parties, and who may use it for research purposes.
- If you give us consent to do so, we may contact you directly by e-mail or SMS to the e-mail address and telephone number you provide to us in your request for the Service, for the purposes of research and quality improvement.
- We will not transfer your data outside the EEA.
- Grant and scope of licence
- You may:
- access the Service on Devices to view and use the Service or Additional Services for your personal purposes only; and
- use the Content for your personal purposes only.
- Except as expressly set out in this EULA or as permitted by any local law, you must not:
- copy the Service or Content except where such copying is incidental to normal use of the Service, or where it is necessary for the purpose of back-up or operational security;
- download, transcribe, record or otherwise make a tangible or intangible copy of all or part of the Service or Content provided to you except where this is incidental to use of the Service;
- rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Service or Content;
- make alterations to, or modifications of, the whole or any part of the Service or Content, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs;
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Service or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the Service with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the Service;
- provide or otherwise make available the Service in whole or in part (including object and source code), in any form to any person without prior written consent from us;
- use the credentials of any other person or entity to access the Service or Additional Services.
- Except as expressly set out in this EULA or as permitted by any local law, you must:
- include our copyright notice on all entire and partial copies you make of the Service on any medium;
- if issued with details, such as user account details and passwords, keep this information confidential;
- comply with all technology control or export laws and regulations that apply to the technology used or supported by the Service or any Additional Services (Technology);
- provide us with an irrevocable, perpetual, world-wide and royalty free licence to display Content on the systems of third parties; and
- ensure that where Content or the Service is used on third party systems you have the appropriate licence from the third party for such use.
- Acceptable use
- You must:
- not use the Service or any Additional Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service, any Additional Services or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Service or any Additional Services, including the submission of any material (to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service or any Additional Services;
- not use the Service or any Additional Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
- You warrant that all information provided to us during registration for or use of the Service is true and accurate in all respects and that you will keep all provided information up to date.
- You must:
- Intellectual property rights
- You acknowledge that all intellectual property rights in the Service, the Content and the Technology anywhere in the world belong to us or our licensors, that rights in the Service are licensed (not sold) to you, and that you have no rights in, or to, the Service, the Content or the Technology other than the right to use each of them in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the Service in source-code form.
- We do not warrant this software to any extent other than any statutory legal rights you may have in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- We do not warrant that your use of the Service or Content will meet your need or expectation and as such the Service and Content is provided for information purposes only. No benefit to any individual or company is guaranteed by use of the Service or Content.
- We do not warrant that access to the Service will be uninterrupted. Nor do we warrant that the Service (including without limitation) information uploaded to the Service will be available at any given time (e.g. without limitation, during consultancy with a medical professional). You therefore acknowledge and agree that it is your responsibility to back up any information you may upload via the Services and you hereby warrant that you will do so. You hereby indemnify us against any and all loss; claims, damages and/or other events arising from your breach of this warranty.
- Although the Services are intended to facilitate the communication of messages to your GP practice, due to the nature of the internet and other factors, we cannot and do not warrant that such messages will be delivered, nor do we warrant that any messages you send through the Service will be read or actioned correctly or at all.
- Limitation of liability
- You acknowledge and agree that the Services do not constitute medical advice.
- You acknowledge that it is your responsibility to ensure that all data you upload via the Services is accurate and complete.
- Subject to the terms of this agreement, we accept no liability for any and all loss, claims, damages and/or other events as a result of incomplete and/or inaccurate information being uploaded to the Service and/or you relying on the Service in connection with the provision of medical advice.
- You acknowledge that the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service as described in the Content meet your requirements.
- You agree not to use the Service and Content for any resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Nothing in this EULA shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
- We may terminate this EULA immediately by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- if you breach any of the terms in clause 2 (Licence) or clause 3 (Acceptable Use); and
- if we terminate, novate or assign any licence or agreement relating to the Technology.
- On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of any Service;
- you must immediately delete or remove the Service from all Devices, and immediately destroy all copies of the Service and Content then in your possession, custody or control and certify to us that you have done so;
- we may remotely access the Devices and remove the Service from all of them and cease providing you with access to the Service; and
- any information uploaded via the Service will be deleted.
- We may terminate this EULA immediately by written notice to you:
- If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to email@example.com or by prepaid post to 70, Main St, Cossington, Leics LE7 4UW. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your request for the Service.
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
- Information Provided BY YOU
- We are not responsible for the veracity of any information provided by you as an end user and you must ensure that any information you input to the Service or provide by way of Content is true, accurate and complete
- The Services provided are designed to act as assistance to, and not a replacement for obtaining specific medical advice and record keeping. You should not rely on the Service for medical advice nor use it to contact the medical services in the case of an emergency.
- Other important terms
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- You may not transfer your rights or obligations under this EULA.
- If we fail to insist that you perform any of your obligations under this EULA, 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.
- Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
Effective from 12 August 2015