Part 1: Terms & Conditions
About these Terms & Conditions (“Terms”)
Medsmart is an online platform which provides post-prescription patient support.
This document sets out the terms and conditions of service for use of the Medsmart service (“Service”). To use our Service you must first have downloaded our Medsmart app (“App”) and accepted the end user licence agreement which applies to the licence of that App to you.
- you are at least 18 years of age; and
Who we are
“Medsmart” is a brand name used by Talking Medicines Limited, a limited liability company registered in Scotland with company number SC447227, whose registered office is at 3rd Floor, 202 Bath Street, Glasgow, United Kingdom, G2 4HW (referred to in these Terms as “Talking Medicines”, “we” or “us”).
You must comply with the terms of the Agreement as set out in these Terms
- To qualify to use the Service you must meet the following criteria, and accordingly you warrant that you: are over 18; have full authority to enter into this Agreement; are not currently restricted from using the Service; shall not infringe our rights, including intellectual property rights we may have in our App and Service; and shall only submit information on the App that you are entitled to submit, which is accurate and not confidential. You may use the Services for personal, noncommercial purposes.
- You shall keep your password secure for use of the Service and not permit others to use the account which is created to access the Service (“Account”). We will never ask you for your Account email, username or password in an unsolicited phone call or in an unsolicited email. You are responsible for anything that happens through your Account until it is closed down unless the account security has been compromised through no fault of your own. If you discover any unauthorised use of your Account you must promptly let us know. 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 opinion you have failed to comply with any of the provisions of these Terms.
- You may register to use the Service on behalf of individuals whom you care for (“Care Receivers“) provided that where you do so, you are fully authorised to use the Service and submit information on their behalf. You may use the Services for personal, noncommercial purposes.
- By registering and using the Service on behalf of another individual you take responsibility for the information in the App, if you choose to share any information with a third party you accept the full responsibility and liability of sharing someone else’s information. By sharing the information of someone you care for you warrant that you are fully authorised to do so.
- It is the user’s responsibility to provide correct information if a third party enters information on their behalf. By sharing user logins or access to the App or phone with family members or others the user takes responsibility for any deleted or changed data.
- The App will not function properly if your device is broken or powered off, if the App software is not enabled or if any hardware or software on your device prevents the App from operating as intended. The maintenance of your mobile device is your responsibility. There may be restricted functionality in low broadband connectivity areas, the App may run slower with a 3G and 4G connectivity.
- You must comply with our Acceptable Use policy as set out below.
- You must not store or transmit any material during the use of the Service that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
- You must not send or transmit any material which infringes any third party intellectual property rights or for which you have not obtained all necessary licenses and/or approvals.
- You should not create a false identity or submit inaccurate, false or misleading information.
- You should not transmit any unsolicited advertising such as spam or junk mail.
- You should not knowingly introduce viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App.
On condition that you comply with your obligations under the Agreement, we grant you a limited, non-exclusive, non-transferable licence to access the Service and use the Service in accordance with this Agreement.
Our rights in the App and Service
We own or validly license all intellectual property rights in our App and Service, and in the material published on it. Except to the extent set out in the Agreement, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights.
Availability of Service
We shall use commercially reasonable endeavors to make the Service available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours.
We will endeavour to respond to all support queries communicated to [email protected] as promptly as we can (based on UK time). You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
Where the App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and can therefore not be held liable for any information obtained from such sites.
Talking Medicines only provides general information about post prescription medication. Talking Medicines does not provide medical advice. The information provided through the Service does not replace advice obtained from a qualified healthcare professional. You should consult a healthcare professional before acting on any of the information you read on the App or through use of the Service or when changing a prescribed medicine routine.
Talking Medicines does not give medical advice in relation to any individual case or patient, nor does the App provide medical or diagnostic services. Features in the App such as the excipients list and active pharmaceutical ingredients surfaced up for specific medications have been directly extracted from validated public and commercial sources for each medicine. Talking Medicines has taken every effort to ensure the information found within this feature is accurate but cannot guarantee that all excipients or active pharmaceutical ingredients are surfaced up to the user. The user should not rely solely on this feature to determine suitability for individual circumstances, users should always consult a healthcare professional and read the Patient Information Leaflet (PIL) included in each medicine package for accurate information for individual circumstances
The Medsmart App has taken great effort to ensure that alerts for allergies/intolerances in App are accurate and reliable, although errors can occur. The App notes self-reported potential ingredients that users may not wish to take, but cannot guarantee that the feature is completely accurate at all times. Users should always consult a healthcare professional and read the Patient Information Leaflet (PIL) included in each medicine package for accurate information for individual circumstances.
Whilst Talking Medicines has taken every effort to ensure the information found within the App is reliable and accurate, you acknowledge that information used to provide the Service is reliant on third parties and as such we cannot guarantee that the material on the App is fully up to date or that it is suitable for an individual user’s circumstances Users should always consult a healthcare professional and read the Patient Information Leaflet (PIL) included in each medicine package for accurate information for individual circumstances.
The Medsmart App is a secondary reminder tool
The App is intended as a helpful system for remembering to take medication which incorporates data that has been manually inputted by You, the user, for yourself or someone you are caring for. You should not and must not rely solely on the App as your primary tool for determining whether and when to take medication nor prompting a third party you are caring for to take their medication. You are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages. Persons using the App assume full responsibility for the use of the App and You agree that Talking Medicines Limtied is not responsible or liable for any claim, loss, or damage arising from the use of the App. You acknowledge that the App, and the utility of any of its alerts or notifications, depends on information that you input into the Application. Reminders are local notifications on each user’s phone and work without any need of internet connectivity. You will get a reminder notification at the exact time you have set it up if the phone is on. If you wish to remove this notification you can do so through your phone settings.
Adverse events by medical product
If you suffer from any unexpected or negative reactions (“adverse events”) that may be related to any medical product you should inform your healthcare professional and in the United Kingdom you can report it to the Medicines and Healthcare products Regulatory Agency (MHRA) through its Yellow Card Scheme by following this link: (https://yellowcard.mhra.gov.uk).
Our liability to you
You assume sole responsibility for your use of the Service and the App, and acknowledge that, whilst we endeavour to ensure the accuracy of the information provided on the App, we have not carried out any research into the nature and effect of the prescription medicines or devices themselves and we accept no responsibility for, and make no warranty or representation in respect of, the accuracy or completeness of such information.
We only supply the Service for your personal use. You agree not to use the Service for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence up to the amount specified below. However, we are not responsible for any loss or damage that is not foreseeable. 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 this contract.
Our maximum aggregate liability under or in connection with this Agreement, whether in contract, delict (including negligence) or otherwise, shall in all circumstances be limited to the sum of £100 (one hundred pounds) during the year in which the said liability arises.
Notwithstanding the above, nothing in these Terms shall exclude or limit in any way our liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- or any other loss which cannot be excluded under the laws of Scotland.
This Liability section shall survive termination of the Agreement.
You agree to indemnify us against all claims, loss or damage which we sustain or are likely to sustain as a consequence of your breach of this Agreement.
Talking Medicines reserves the right to suspend or terminate your access to the App immediately at any time.
If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.
You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.
If there are any disputes arising out of your use of the App or relating to the Agreement then these will be governed by the laws of Scotland and subject to the non-exclusive jurisdiction of the Scottish Courts.
Scope of Policy
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
For the purpose of the Data Protection Act 1998, we, Talking Medicines, are the data controller.
What personal information do we collect from you?
We may collect and process the following data about you:
- Submitted Information – this is information you give us about you or (where you have registered on behalf of a Care Receiver) a Care Receiver when you register for the Service and when you use the Service. The information you give us may include your, or a Care Receiver’s, name, address, e-mail address and phone number, the Device’s phone number, age, username, password, personal description, photograph and other registration information. It will also include information on your, or a Care Receiver’s, specific medicine routine and the feedback information you provide to us in relation to your, or the Care Receiver’s, use of the App and Service.
- Device Information – this is the technical information we automatically collect from your Device when you use the App and the Service including the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, and time zone setting.
- Account Information – this is information on the use of your Account which relates to your use of the Service.
Use of information
We use any information held about you in the following ways:
- To help provide the Service;
- To send you push notifications with relevant information about the content of the App (you can change your settings to turn off such notifications at any time although this may impair the functionality of the App);
- To perform statistical analysis for the creation of anonymised statistical data (and such anonymised data shall be owned by Talking Medicines and may be licensed to third parties); and
- To maintain, protect and improve the App and/or the Service and to notify you about changes to either.
- Offline communications between you and the Company to better engage with you as a user and provide a better experience
- Provide the Service, including (but not limited to) customer service;
- Optimise your user experience of the Platform and/or the Service;
- Personalise your experience of the Platform and/or the Service (for example, your information helps us to better respond to your individual needs, e.g., we may use your information to serve you more tailored and relevant ads based on your interests or usage of the Platform and/or the Service);
- Improve the Platform and/or the Service (we continually strive to improve the Platform and/or the Service based on the information we receive from you);
- Administer Platform and/or Service features or respond to your inquiries or requests;
- Send periodic communications and/or periodic personalised communications. If at any time you would like to unsubscribe from receiving future email communications, we include detailed unsubscribe instructions at the bottom of each email.
Storing and deleting your information
We store data for as long as it is necessary to provide services to you and others, including aggregated anonymized data. Information associated with your account will be kept until your account is deleted, unless we no longer need the data to provide these services.
You can delete your account any time. When you delete your account, we delete things you have inputted into the Medsmart App such as your medicines information, personal profile data and your reminder notifications. Information kept within sub folders in the Medsmart App will also be deleted. No further information from your account will be used, however, Talking Medicines reserves the right to use the aggregated data stored and gathered before this point as the act of anonymizing and aggregating data de-personalising it. We are unable to retrieve specific details about individuals after completing this process.
To delete your account please contact [email protected] stating you wish to delete your Medsmart App account with your username and email address.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if Talking Medicines or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
- if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request;
- in order to enforce or apply our Terms and/or other agreements or to investigate potential breaches; and
- in order to protect the rights, property or safety of Talking Medicines, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside of the European Economic Area (“EEA“). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This may happen if any of our servers are from time to time located in a country outside the EEA, or if one of our service providers is located in a country outside the EEA. We may also need to share information between companies within our group which are located in other countries. If we transfer your information outside of the EEA, we will take steps to ensure that your rights continue to be protected.
In addition, if you use our Service while you are outside the EEA, your information may be transferred outside the EEA in order to provide you with the Service.
By submitting your personal data, you agree to this transfer, storing or processing.
All information you provide to us is stored on our secure servers. Where you have chosen a password that enables you to access the Service, you are responsible for keeping this password confidential.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise the right at any time by contacting us at [email protected]
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act.
Our App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Service are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.