Patient Access Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE, INCLUDING THE LIMITATIONS OF LIABILITY AND CHOICE OF LAW AND JURISDICTION SECTIONS.

Patient Access Operator

PATIENT ACCESS is provided by Egton Medical Information Systems Limited ("we" or "EMIS"), a company registered in England with company number 2117205 with registered offices at Rawdon House, Green Lane, Yeadon, Leeds, LS19 7BY.

1. Terms of Use

1.1 Please read these Terms of Use carefully (including the "Limitations of Liability" and "Choice of Law and Jurisdiction" sections below) before using the Patient Access service (the "Service"). By using the Service, you signify your agreement to be bound by these conditions. These Terms of Use govern a legal agreement between you and us and it sets out the conditions which govern your use of the Service, which may be accessed through:

1.1.1 our website https://patient.emisaccess.co.uk (the "Website"), whether as a guest or a registered user; and/or

1.1.2 the PATIENT ACCESS mobile application software (the "App") (available on a number of different App marketplaces (the "App Sites"), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device ("Device").

1.2 References in these Terms of Use to the Service, includes the Website and/or the App (as appropriate, depending on the method you are using to access the Service). When you use the Service via the App you will also be subject to the terms, guidelines and conditions applicable to the applied by any relevant App Site from whose site you downloaded the App (the "Appstore Rules"). If these Terms of Use are inconsistent with the Appstore Rules, these Terms of Use will control.

1.3 We license use of the Service (including, the App and the Website) to you on the basis of these Terms of Use and subject to any other rules or policies we notify to you.

1.4 By using the Service (including, by downloading the App or registering to use the Service), you confirm that you accept these Terms of Use and that you agree to comply with them.

1.5 If you do not agree to these Terms of Use, which govern the contract between us, then you must not use the Service (including, accessing the App and/or the Website).

1.6 These Terms of Use incorporate by reference the following additional terms (which also apply to your use of the App and/or the Website):

1.6.1 our Privacy Policy (https://patient.emisaccess.co.uk/content/privacy), as may be updated from time to time, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Service, you consent to such processing and you must ensure that all data provided by you is accurate; and

1.6.2 our Cookie Policy (https://patient.emisaccess.co.uk/content/cookies), as may be updated from time to time, which sets out information about the cookies we use on our Website.

1.7 Subject to any specific terms identified in respect of a particular feature or part of the Service, these Terms of Use (including, our Privacy Policy) govern the agreement between you and us with respect to your use of the Service.

1.8 For the avoidance of doubt, use of (or of any other services accessible through it) our site at www.patient.info is subject to a separate privacy policy and terms and conditions which are accessible through that site.

2. GP Systems of Choice

2.1 Under the central GP Systems of Choice programme, we have a framework agreement with the Secretary of State for Health and call off agreements with organisations who order services on behalf of GPs (the GPSoC Contracts). The scope of provisions in the GPSoC Contracts includes accreditation, deployment and provision of services, including patient facing services, which are all intended to help ensure that we deliver services such as the Service in an appropriate manner. If your GP has provided you with access to the services accessible through the App or the Website, then the services you are using are likely to fall under the scope of the GPSoC Contracts. The obligations on us set out in these Terms of Use are in addition to our obligations to our customers under the GPSoC Contracts.

3. Grant and scope of licence

3.1 In consideration of you agreeing to comply with these Terms of Use, we grant you a non-transferable, non-exclusive, revocable licence to use the Service (including, as appropriate, the App and/or the Website), subject to these Terms of Use (and the Appstore Rules). We reserve all other rights.

3.2 We do not sell the Service (the App or the Website (or any materials or documents relating to the same)) to you and we remain the owners of such materials at all times.

3.3 You may:

3.3.1 download or stream a copy of the App onto an appropriate Device and view, use and display the App on the Devices for your personal purposes only; and

3.3.2 use the Website for your personal purposes only.

3.4 Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

3.4.1 not to copy the App or any element of the Website except where such copying is incidental to normal use of the App or the Website, or where it is necessary for the purpose of back-up or operational security;

3.4.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or any element of the Website;

3.4.3 not to make alterations to, or modifications of, the whole or any part of the App or any element of the Website, or permit the same (or any part of it) to be combined with, or become incorporated in, any other programs;

3.4.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or any element of the Website or attempt to do any such thing (except to the extent that by law cannot be prohibited because they are essential for the purpose of achieving inter-operability or pursuant to any applicable open source licence);

3.4.5 to keep all copies of the App which you make secure;

3.4.6 to include our copyright notice on all copies you make of the App on any medium;

3.4.7 not to provide or otherwise make available the App or any element of the Website in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

3.4.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any element of the Website or the Service.

4. The Service

4.1 The Service enables users to book appointments, order repeat prescriptions, send messages to their GP practice, and remotely access details in respect of their medical records which are held by their GP Practice. Access is dependent upon a number of factors, including that: (i) the relevant GP Practice use a compatible clinical system; (ii) the relevant GP Practice has activated the functionality within its clinical systems so that the Service is accessible for use by the user; and (iii) the user successfully complete the registration process.

4.2 Your GP Practice is able to activate or deactivate (all or certain elements of) the Service at its discretion in relation to some or all of its registered patients. If for whatever reason your GP Practice should choose to limit certain elements of the Service within its clinical systems then this will impact on your ability to use the Service and if this should occur then it is something you should discuss this with your GP Practice directly.

4.3 The Service is designed to be accessed via the Website or through our App.

4.4 After you have accessed your medical record you may be given the option of exporting or printing elements of your record. We recommend that you should only print or export any data where there is a clear need for you to do so. If you do choose to print or export any data then it is out of our (or your GP Practice’s) control and you are responsible for ensuring that any medical record data you export or print is held securely. We will not be liable for any disclosure of sensitive and personal data if such disclosure arises as a result of you using the Service to export or print out or otherwise share any information made available to you via the App or Website.

5. Accessing the Service

5.1 We do not guarantee that the Service will always be available or that access to it will be uninterrupted. Access to the Service (whether via the App, the Website or otherwise) is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period and you should ensure that you have alternative means of communicating with your GP Practice other than through the Service.

5.2 You are responsible for making all arrangements necessary for you to access the Service (including, having access to an internet connection and an appropriate Device or browser as appropriate).

5.3 You are also responsible for ensuring that all persons who access the Service through your internet connection and/or Device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

6. Registering to use the Service

6.1 If you wish to register for an account to use the Service then you should contact your GP Practice. If your GP Practice uses a compatible clinical system (if they do not then unfortunately you will not be able to use the Service and you may wish to speak to your GP Practice about what other options may be available to you), and if they have activated the Service functionality within their system, then they will be able to provide you with a registration document which will include details that let you register for the Service.

6.2 If your GP Practice uses a compatible clinical system and has enabled online registration then you will be able to register without a registration document. This will let you sign in, with the ability to book only a single appointment. All other functionality will be disabled. To access all of the available features you must take two forms of identification to your GP Practice to confirm your identity. To find out what forms of identification are acceptable please follow the instructions displayed when you log in to your account, or contact your GP Practice directly.

6.3 Please note that if you select or are provided with a user identification code, password or any other piece of information as part of our registration or security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

6.5 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly reset your password to something which only you know. Please visit https://patient.emisaccess.co.uk/password to reset it.

6.6 You can retrieve, change or request that we delete the details you place with us. You will only receive emails that you have agreed to, or those relating to administration purposes.

6.7 You must only use the Service for lawful purposes and you must not infringe the rights of other users of the Service.

6.8 If you are under 16 your use of the Service will be dependent on your GP Practice authorising such use and will be subject to any additional requirements or conditions which they may choose to place on such use (for example, they may require you to provide them with permission from a parent or guardian).

7. Prohibited Uses

7.1 You may use the Service only for lawful purposes. You may not use the Service in any way:

7.1.1 that breaches any applicable local, national or international law or regulation;

7.1.2 that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously in respect of the Service;

7.1.3 which infringes our intellectual property rights or those of any third party in relation to your use of the Service;

7.1.4 to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;

7.1.5 that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

7.1.6 to access, send, knowingly receive, upload, download, use or re-use any personal information regarding any person other than yourself without their explicit prior consent;

7.1.7 to collect or harvest any information or data in respect of the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; or

7.1.8 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

8. Linking to our Website or App

8.1 You may link to the Website or App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

8.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website or App must not be framed on (or form part of) any other site or mobile application (as appropriate).

8.3 We reserve the right to withdraw linking permission without notice.

9. Intellectual Property Rights

9.1 We are the owner (or the licensee) of all intellectual property rights in the Service (including, our Website and our App). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2 Our rights the Service (including, the Website and App) are licensed (not sold) to you and you have no rights to the same other than to use the Service under and in accordance with these Terms of Use.

9.3 You may use the Service only for your personal use. You must not use any part of the Service for commercial purposes without obtaining an express licence in writing to do so from us (or our licensors as appropriate).

9.4 If you use any element of the Service (including, the Website or the App) in breach of these Terms of Use, your right to use the Service will cease immediately and we may suspend your access to the Service with immediate effect and without notice.

10. LIMITATIONS OF LIABILITY

Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Service.

10.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

10.2 Subject to section 9.1, we will not be liable or responsible for:

10.2.1 any loss or damage that was not caused by a breach on our part;

10.2.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);

10.2.3 any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Service (loss or damage is 'foreseeable' if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract created by your use of the Service);

10.2.4 any loss or damage arising from an inability to use the Service; or

10.2.5 use of or reliance on any content displayed through the Service (regardless of the origins of such content unless due to our breach or negligence).

10.3 Subject to section 9.1, our liability (and that of our suppliers or licensors) for any losses suffered arising out of, or in connection with, your use of the Service, whether in contract, tort (including negligence or breach of statutory duty), or otherwise is limited to the sum of one thousand pounds (£1,000).

10.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service (including, the Website and/or the App) or to your downloading of any content or in respect of any website linked to it.

10.5 Please note that we only make the Service available to you for domestic and private use. You agree not to use the Service for any commercial or business purposes.

10.6 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied.

10.7 This section does not affect any legal rights you may have as a consumer in relation to defective services or software. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading Standards Office.

10.8 You acknowledge that we have made the Service available to you in reliance upon these Terms of Use (including, these Limitations of Liability).

11. Viruses

11.1 Whilst we work to strong security standards, we do not guarantee that our App or Website will be secure or free from bugs or viruses and you should use your own virus protection software.

11.2 You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App or our Website, the server on which our Website is stored or any server, computer or database connected to the App or our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

12. Termination

12.1 You are free to stop using the Service at any time. If you breach any of these Terms of Use we can stop providing all or part of the Service to you. If we terminate (or suspend) your access to the Service then we will notify you by email or at the next time you attempt to access your account. Our ability to provide the Service to you is dependent upon your GP Practice continuing to keep active the relevant functionality within their clinical system, however, your GP Practice may choose (for whatever reason) to deactivate functionality at any time. In all such cases, the contract between us under these Terms of Use shall terminate and:

12.11 all rights granted to you shall cease;

12.12 you must immediately cease all activities authorised by these Terms of Use, including your use of the Service;

12.13 (where applicable) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control; and

12.14 any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of your right to use the Service shall remain in full force and effect, including: sections 5 (Prohibited Uses), 6 (Intellectual Property Rights), 9 (Limitations of Liability), 13 (Choice of Law and Jurisdiction) and 14 (General).

12.2 In such circumstances you should contact your GP Practice to discuss with them any alternative means for you to access their services.

13. Collection of Personal Data

13.1 If you register to use the Service then EMIS may collect personal data about you (which may include name, date of birth, NHS number, e-mail address and phone number, the Device's phone number, username, password and other registration information (and if registering for the Service online, your sex, house number and postcode). This data will be securely held in accordance with the terms of our Privacy Policy (please see https://patient.emisaccess.co.uk/content/privacy

13.2 Please note that your medical record at all times remains within the control of your GP Practice.

14. Share your record Service

14.1 The "share your record" service (which is an element of the Service) enables users to share elements of their medical record with third parties through functionality within the Patient Access service.

14.2 If you choose to use the share your record service then by selecting the relevant options you will be able to generate a secure link and a QR Code (which can be scanned by an appropriate reader) which you can share with a third party, who can then use that information (together with a passcode which you must also share with them) to access a read only copy of your medical record (or those sections of your medical record which you have chosen to share). For security reasons this link will be valid for a period of 24 hours from the time it is created, after which it will no longer work and you would need to create a new link should you wish to do so. You are also able to deactivate any valid link within the 24 hour sharing period at any time via the same section of the Service which you used to create the link.

14.3 You are responsible for choosing to share your medical record and you must do so with all due care. Please note that while you can revoke access via the share your record service at any time, while the link is live there is nothing to prevent any third party with whom you have shared the link from itself making that link available to other persons, and if they have the passcode from copying the data contained in the record or taking screenshots of the information. Given the nature of the information in your record it is your responsibility to only provide the link to trusted recipients that may need access to certain details so as to be better able to provide you with care (for example, if you were abroad then you may wish to give access to a local pharmacist to enable them to check whether you have certain allergies recorded in your record). By sharing your record, you acknowledge that this is done at your own risk.

15. Choice of Law and Jurisdiction

15.1 Please note that these Terms of Use are governed by and construed in accordance with English law. You and we both agree to submit to the exclusive jurisdiction of the courts of England and Wales (save that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland).

15.2 The Service is intended for use by persons resident within the United Kingdom. If you are accessing or attempting to access the Service from any other location then: (i) we make no representations that you will be able to access the Service or that it will function correctly; and (ii) you are responsible for ensuring that you act in accordance with any applicable laws in whatever jurisdiction you are resident.

15.3 Use of the Service is not authorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this section.

16. General

16.1 We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the Service or the addition of new features - it is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which govern your use of the Service. You should print off a copy of these Terms of Use for future reference.

16.2 The latest version of our Terms of Use will be accessible through the App and the Website and we will notify you of any material changes through a notice on our Website (and/or via the App). You may be required to read and accept our new terms to continue your use of the Service.

16.3 From time to time updates to the App may be issued through the App Sites. Depending on the update, you may not be able to use the Service until you have downloaded or streamed the latest version of the App and accepted any updated Terms of Use.

16.4 If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect (and if any of the sub-sections in section 9.2 are held to be invalid and are struck out then this shall not impact on any of the remaining sub-sections).

16.5 We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.

16.6 Subject to any specific terms detailed on the App or Website in relation to particular features or materials, these Terms of Use (together with the Privacy Policy and Cookie Policy) set out the entire agreement between you and us in respect of your use of the Service.

16.7 No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

16.8 Any rights not expressly granted by us under these Terms of Use are reserved.

Trade Marks

EMIS, EMIS HEALTH, the PATIENT ACCESS logo, PATIENT ACCESS, and PATIENT are all UK registered trade marks of Egton Medical Information Systems Limited.

Contact Us

To contact us, please use the contact/feedback form accessible via this link support.patient-access.co.uk.

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