Dated: 28th of March
First things first
These User Terms are Legally Binding
Medsmart is an online platform which provides post-prescription patient support.
This document sets out the terms and conditions (“Terms”) 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.
By registering to use the Service accessible through the App you are entering into a legally binding agreement with us based on these Terms and you confirm that:
- you are at least 16 years of age; and
- you accept these Terms and you agree to comply with them.
If you do not agree to these Terms please refrain from using our Service.
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 3rd Floor, 202 Bath Street, Glasgow, United Kingdom, G2 4HW (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 use the Service you must meet the following criteria, and accordingly you warrant that you: are over 16; 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, non-commercial 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, 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, non-commercial 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.
Acceptable Use of Medsmart
- 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.
We shall use commercially reasonable endeavours 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 ingredients, excipients list and active pharmaceutical ingredients presented 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 presented 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. You must also not rely solely on the App when administering or prompting a third party you care 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 Limited 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 push notifications on each user’s phone and work without any need of internet connectivity and in ‘Flight Mode’. You will get a reminder push notification at the exact time you have set it up if the phone is on. If you wish to remove this push 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.