Medsmart® Surveys – Terms & Conditions

Dated: 11/03/19

First things first

 

These User Terms are Legally Binding

Medsmart® Surveys are an online platform which provides valuable user insight around health and medicines in support of commercial third parties who wish to understand more about how healthcare consumers and patients view health, medicines, and their products. Any information provided or interpreted through the survey 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 or through the completion of the survey.

This document sets out the terms and conditions (“Terms”) for participation in Medsmart® Surveys.

Medsmart® Community service includes the use of all Medsmart® products (includes the App, Notifications, Website, Surveys, Newsletters, Social channels etc.).

By registering to participate in the Survey you are entering into a legally binding agreement with us based on these Terms and you confirm that:

  1. you are at least 16 years of age; and
  2. you accept these Terms and you agree to comply with them.

If you do not agree to these Terms, please refrain from participating in the Survey.

Who are we?

“Medsmart” is a brand product name used by Talking Medicines Limited, a limited liability company registered in Scotland with company number SC447227, whose registered office is at Top Floor, 25 Blythswood Square, Glasgow, G2 4BL (referred to in these Terms as “Talking Medicines”, “we” or “us”).

A few ground rules

You must comply with the terms of the Agreement as set out in these Terms.

  • To qualify to participate in the Survey you must meet the qualifying criteria, provide us with your email address, and accordingly you warrant that you: are over 16; have full authority to enter into this Agreement; shall not infringe our rights, including intellectual property rights and shall only submit information that you are entitled to submit, and which is accurate.
  • We will never ask you for your email in an unsolicited phone call or in an unsolicited email. If you discover any unauthorised use of your email you must promptly let us know through the Contact-us form or through an email to [email protected].
  • If completing the Survey yourself responses must be true, unbiased responses and not guided by another.
  • You may of course assist any person who is eligible to take part in the Survey who is unable to enter their own responses; it must be their true, unbiased responses and not guided by the person assisting.
  • The Survey will not function properly if your device is broken or powered off, if certain software is not enabled (for example to allow video streaming) or if any hardware or software on your device prevents the Survey from operating as intended. The maintenance of your device and software is your responsibility. There may be restricted functionality in low broadband connectivity areas, the Survey may run slower with a 3G and 4G connectivity.
  • Where financial rewards are paid to those who have completed a Survey, such rewards may be subject to taxation, all costs and administration relating to such taxation is the sole responsibility of the person completing the survey who receives such rewards. Acceptance of these Terms, and continued participation in surveys for which rewards are paid to the person completing the survey constitutes acceptance of all taxation liabilities on the part of the person completing the survey. As such, Talking Medicineswill not be held liable for any taxation, or related administrative costs, resultant from the payment of rewards to the person completing the survey.

You must comply with our Acceptable Participation policy as set out below.

Acceptable Participation in Medsmart® Surveys

  • You must not store or transmit any material during participation in the Survey 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 Surveys, the server on which our Surveys are stored or any server, computer or database connected to our Survey or Medsmart® Community service or Company.
  • If you have accessed the Survey via the Medsmart® App, please be aware that the Medsmart® App only captures data at the point of use; simply downloading the App and keeping it in your phone does not constitute usage, and does not constitute participation in the Survey.

Storing your information

We store all Medsmart® data, including survey response data, for a period of 80 years as it is necessary to provide Medsmart® Community service to you and others for the duration of your lifetime. The reason is to provide support and gather a variety of medicine related data across a person’s lifetime. Information associated with your Medsmart® App account will be held until your account is deleted.

Deleting your survey responses

If you change your mind about participating in the survey, you can select ‘No’ for consent and no responses will be saved in our database.

Talking Medicines reserves the right to make suitable enquiries to ensure requests are not malicious in nature and are made by the intended user or appointed agent.

Our rights in Medsmart® Surveys

We own or validly license all intellectual property rights in our Medsmart® Community service including Medsmart® Surveys, 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.

Disclaimer

Where the Medsmart® Survey 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 does not provide medical advice. The information provided through any Medsmart® Community service or Survey we provide 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 Medsmart® Community service, or within a Medsmart® Survey or when changing a prescribed medicine routine.

Talking Medicines does not give medical advice in relation to any individual case or patient, nor do we provide medical or diagnostic services. Talking Medicines has taken every effort to ensure the information we share is accurate but cannot guarantee that to the user or participant. Users and participants should always consult a healthcare professional for accurate information for individual circumstances.

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).

Liability

Our liability to you

You assume sole responsibility for your participation in Medsmart® Surveys or the use of our Medsmart® Community service, and acknowledge that, whilst we endeavour to ensure the accuracy of the information provided, we have not carried out any research into the nature and effect of the prescription medicines or devices themselves, or of any information or questions presented within Medsmart® Surveys regardless of format including video, text and sound, and we accept no responsibility for, and make no warranty or representation in respect of, the accuracy or completeness of such information.

You agree not to participate in the Survey or Medsmart® Community 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.

Indemnity

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.

General stuff

Talking Medicines reserves the right to suspend or terminate your access to the Survey at any time.

Talking Medicines will use your aggregated, anonymised personal and usage data for our commercial purposes. We take great care of your data and we believe that data can be used for good to drive more effective use of medicines. If Talking Medicines suspends or terminates access to a user account Talking Medicines reserves the right to hold the aggregated data for commercial use. A copy of the personal data help by the user can be supplied at the time of the suspension or termination to the authorised user, should it be requested.

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 you would like a copy of the personal information that we store about you in our customer databases, the General Data Protection Regulation 2018 gives you the right to access information we hold about you. please contact us using the details given in the “Contact” below.

This is in addition to your legal rights, including the right to access a copy of your personal information, the right to request the deletion or updating of any inaccurate personal data and the right to object, in some cases, to our processing of your personal data. You can exercise these rights by contacting us using the details given in the “Contact” section of our Medsmart® website (www.gomedsmart.com).

Where we base processing on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

You may also have, for some data processed by us, a right to data portability, i.e. the right to receive your personal information in a structured, commonly used machine-readable format and transmit your personal information to another data controller.

You can exercise these rights by contacting us using the details given in the “Contact” section. You may be asked to provide some proof of identification so that we can verify that it is you making the request.

If you are concerned that we have not complied with your legal rights or applicable privacy laws, you may contact the Information Commissioner’s Office (www.ico.gov.uk) (which is the regulator responsible for data protection in the United Kingdom, where Talking Medicines is located) or requests regarding how we handle your data you can get in contact with our Data Protection Officer by e-mail to [email protected]

Alternatively, if you are located outside of the United Kingdom, you may contact your local data protection authority.

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