END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING THIS APP
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Rx Systems Limited (trading as ‘EMIS Health’) of Turnberry, The Belfry Business Park, Colonial Way, Watford, WD24 4WH (Licensor, us or we) for the ‘My Local Pharmacy’ mobile application software, the data supplied with the software and the associated media (collectively, the App).
We licence the use of the App to you on the basis of this EULA and subject to any rules or policies applied by the applicable app store (the Appstore), from which you downloaded the App (the Appstore Rules). We do not sell the App to you and we remain the owners of the App at all times.
Operating system requirements: This App requires internet access and either a compatible Apple or Android device (your Device) which you must provide.
Please note in particular:
o the provisions relating to the nomination of your chosen pharmacy (see clause 8)
o that you may receive targeted advertisements from your nominated pharmacy (see clause 8); and
- that you will have access to healthcare information and may receive targeted healthcare information relevant to you (see clause 9)
You have the right to withdraw from your transaction without charge and without any reason before downloading the App.
However, you will lose the right to cancel the transaction once you begin to download or stream the App.
This does not affect your legal rights for an app that is defective (or for any services provided without reasonable skill and care). Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards Office. Nothing in this EULA will affect those legal rights. For the avoidance of any doubt, we are providing the App to you. Any medication or healthcare services which you receive from your nominated pharmacy are a matter as between you and the pharmacy and subject to the relevant pharmacy’s terms of business.
- The terms of this EULA apply to the App or any of the services we provide and which are accessible through the App (Services), including any updates or supplements to the App, unless they come with separate terms, in which case those terms shall also apply. For the avoidance of any doubt, any medication or healthcare services which you receive from your nominated pharmacy are provided by the relevant pharmacy and subject to their terms of business.
- From time to time we may issue updates to the App (or these terms) through the Appstore. Depending on the update, you may not be able to use the App or the Services until you have downloaded or streamed the latest version of the App or accepted any new terms (or both).
- You must ensure that you are authorised to download or stream a copy of the App onto your Device. You (or the relevant owner of the Device as appropriate) may be charged by the relevant service provider(s) for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
- The App or any Service 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.
- 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.
- GRANT AND SCOPE OF LICENCE
- You may download or stream a copy of the App onto your Device(s) and view, use and display the App on the Device(s) for your personal purposes only. You may not use the App for any commercial purpose or in connection with any business use.
- If you own several compatible devices from the same platform (eg either Apple or Android) then you may download and use the App on all your devices from that same platform and your details can be automatically synchronised.
- The App may only be downloaded from an Appstore in the UK but after downloading it you have a licence to use it worldwide.
- The App uses open-source software including the HoloEverywhere library, which is licensed under the MIT license, and the ActionBarSherlock, Khandroid Framework, Universal Image Loader, EventBus, Android Asynchronous HttpClient and View Pager Indicator libraries, which are licensed under the Apache 2.0 license. A copy of these licenses can be found at the end of this EULA. Terms of the open-source software’s licences may override some of the terms of this EULA to the extent there is any conflict between them.
- LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App 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 App 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 App;
- to keep all copies of the App secure;
- to include our copyright notice on all entire and partial copies you make of the App on any medium;
- not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (collectively, the Technology),
sub-clauses (a) to (h) above together being the Licence Restrictions.
- ACCEPTABLE USE RESTRICTIONS
- not use the App or any Service 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 App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- 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,
Sub-clauses (a) to (e) above together being the Acceptable Use Restrictions.
- INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us (or our licensors), that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use the same in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the App in source-code form.
- LIMITED WARRANTY
6.1 Unless otherwise required by any applicable law we provide this App on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using the App and assume any risks associated with your exercise of permissions under this EULA.
- LIMITATION OF LIABILITY
- You acknowledge that the App 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 App (and any Service) as described meet your requirements.
- We only supply the App (and provide the Services) for domestic and private use. You agree not to use the App (or any Service) for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are not liable for any failure by the Pharmacy (as defined below), or your GP surgery (Surgery) to respectively dispense or prescribe the medicine as requested by you through the App or for any failure by the Pharmacy to make the correct medicine available for collection within a particular time frame. If you have any concerns in relation to your medication please contact the Pharmacy or your Surgery directly.
- If you use the App to send in a prescription request, then we shall not be responsible if: (i) the medication ordered is incorrect (including, errors in respect of the drug name, drug form, quantity or strength) or (ii) the Surgery incorrectly prescribes a medicine or the Pharmacy dispenses the wrong medicine to you. Always check the medicines you receive from the Pharmacy and if you have any concerns then you should raise them with the Pharmacy or Surgery (as appropriate).
- If you use the ‘pill reminder’ function on the App then we shall not be held responsible if you incorrectly select which medication you want to be reminded to take and/or which time you want to take the medication at.
- If we fail to comply with the terms of this EULA we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it was contemplated by you and us at the time we entered into this EULA.
- Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100 or twice the price you paid for this App, whichever is the greater. This does not apply to the types of loss set out in clause 7.8. It is your responsibility to input any requested details into the App accurately including, the pill reminder service of the App. We shall not be liable for any loss or damage caused by you inaccurately providing information to the App.
- We do not limit or exclude our liability in any way for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
- CONSENT TO NOMINATION
- When you download the App you will be asked to nominate a particular pharmacy (the Pharmacy) and by doing so you also give your consent to allow your electronic prescription to be sent automatically from your Surgery to the Pharmacy (this process being known as Nomination) using the process described in this clause.
- If at any time you wish your Nomination to be removed you may do so by either informing the Pharmacy (by phone, email or in person) or by nominating an alternative pharmacy. If you remove your nomination from the Pharmacy then you should also uninstall this App from your Device(s). You will need to reinstall and register with your new nominated pharmacy should they offer the My Local Pharmacy Mobile App service.
- To use the App you will need to provide the following personal data:
(a) your name; date of birth; gender; address; telephone number; email address; and (if known) NHS number (in England and Wales), CHI number (in Scotland) or HCN number (in Northern Ireland) together with details of your registered GP Surgery; and
(b) details of your prescription(s),
collectively, the Personal Data.
- For the avoidance of doubt, you acknowledge that by using this App the Personal Data referred to above will be shared with and held by your Surgery and the Pharmacy as appropriate and that they will share certain data regarding your condition and prescription(s) with us so that the information is available to you through the App. As the App is facilitating the transfer of information regarding your healthcare between the Surgery and the Pharmacy we will process that Personal Data in accordance with their instructions as required to provide the Services to you.
- You may use the App to select your prescription or repeat prescription details which will then be provided to the Pharmacy.
- The Pharmacy will then liaise with the Surgery to confirm the prescription request is correct and it may then send a message to you using the App to say if it can fulfil your order and, if so, if the order will be delivered or made available for collection.
- You may be asked to show some identification by the Pharmacy when you collect your prescription.
- You agree for the Pharmacy (or members of its group) to send you marketing and promotional offers through the App. Such information is provided by, and on behalf of, the Pharmacy and any comments or concerns you may have regarding such information should be addressed in the first instance to your Pharmacy.
- Further information on the Electronic Prescription Service can be found at: http://systems.hscic.gov.uk/eps/library/summary.pdf
- OTHER INFORMATION
- The App contains general healthcare information sourced from NHS Choices, Patient.co.uk, http://www.nhs24.com/FindLocal, http://www.wales.nhs.uk/ourservices/directory and from http://servicefinder.hscni.net/ (collectively, the Information).
- This Information is not a substitute for professional medical care by a qualified doctor or other health care professional. ALWAYS check with your doctor if you have any concerns about your condition or treatment.
- Unless required by applicable law or agreed to in writing, we provide the Information on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using the Information and assume any risks associated with such use.
- DATA PRIVACY
- We shall take reasonable steps to ensure the reliability of all our employees who have access to the Personal Data.
- We warrant to you that we will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
- We also warrant that, having regard to the state of technological development and the cost of implementing any measures, we will:
- take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:
- the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and
- the nature of the data to be protected; and
- take reasonable steps to ensure compliance with those measures.
- We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of any term of this EULA which you fail to remedy (if the relevant breach is capable of remedy) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
(c) if we discontinue the App; or
(d) if we lose the right to provide the App or the provision of it becomes unlawful in any way.
- 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 the App and any Services;
- 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
- you should speak with the Pharmacy and your Surgery (as appropriate) to find another way of accessing your prescriptions.
- 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 only transfer your rights or obligations under this EULA to another person if we agree in writing.
- 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.
- Each of the clauses of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses 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 for the adjudication of any disputes arising under or in connection with this EULA (provided that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland).
This EULA has been entered into on the date upon which you downloaded the App.
The My Local Pharmacy App and certain related services are provided by Rx Systems Limited (“We” or “EMIS Health”), a company registered in England with company number 04704728 with registered offices at Rawdon House, Green Lane, Yeadon, Leeds, LS19 7BY.
We are committed to protecting and respecting your privacy. Please read the following carefully to understand our views and practices regarding your personal data and how it will be treated.
SCOPE OF POLICY
- the My Local Pharmacy 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 relevant device, such as a smartphone (“Device”); and
- the services accessible through the App (the “Services”).
This policy sets out the basis on which any personal data We collect from you, or that you provide to us, will be processed. In some cases We will be responsible for how the data you provide is processed, in other cases it may be the relevant Pharmacy which is responsible. Please see the details set out below.
INFORMATION WHICH MAY BE COLLECTED IN RELATION TO YOU
We (and the Pharmacy) may collect and process the following data about you:
- Information you provide (“Submitted Information”): You may give us information about you by filling in forms on the relevant App Site, within the App itself or by corresponding with us (for example, by e-mail) or with the Pharmacy. This class of information includes:
- information you provide when you download or register the App or subscribe to any of the Services. This may include your name, address, date of birth, gender, NHS number (or CHI number if you are in Scotland or HCN number if you are in Northern Ireland), e-mail address and phone number, the Device’s phone number, your chosen username, password and other registration information and details of your doctor’s surgery (the “Registration Data”);
- details of your medication and any requests or orders which you submit to order medication (including repeat medications) from the Pharmacy (the “Medicines Data”); and
- information you may provide via any social media functions on the App, when entering any competition, promotion or survey, or if providing any feedback regarding the App or the Services.
- Information We collect about you and your Device. Each time you use the App We may automatically collect the following information:
- technical information, including the type of mobile device you use, a unique device identifier, mobile network information, your mobile operating system, and time zone setting (“Device Information”);
- details of your use of the App (“Log Information”); and
- details of your location (“Location Information”).
- If you contact us, We may keep a record of that correspondence.
Use of your information by us (and by the Pharmacy)
The Data Protection Act 1998 describes the person that determines the purposes for which, and the manner in which, personal data is processed as the ‘data controller’ and it is the data controller that is responsible for ensuring that the relevant personal data is processed properly and legally. More than one person is capable of being a data controller in respect of the same personal data and each is responsible for its use of that data. As We are supplying and operating the App and it is the Pharmacy which is delivering patient services to you (i.e. by fulfilling your prescriptions, liaising with your GP Practice as appropriate) both of us are acting as data controllers in relation to certain elements of your personal data, in particular:
- both We and the Pharmacy are data controllers in respect of the Registration Data (as defined above); and
- the Pharmacy will be the data controller in respect of the Medicines Data (as defined above).
We and/or the Pharmacy (as appropriate) may use the information held about you in the following ways:
- Device information: We will use this information to ensure that We present the correct version of our App for your device. Please note that we will generate a unique application number (based on your Device Information) which we will use to identify you and to push notifications and other relevant information back to you.
- Registration Data: We and/or the Pharmacy (as appropriate) will use information which you submit as part of registering to use the App in order to manage your account with us or with the Pharmacy (as appropriate), to provide the Services and for our own respective internal administrative purposes.
- Device information: We will store information about the currently installed mobile operating system and its version, mobile application version and brand of your Device to help identify and fix reported issues and to give us the ability to disable the connectivity in cases where you are using an unsupported version of the App.
- Content Information: information about the orders you place with the Pharmacy and all details entered during registration in the App are stored by us centrally and are also stored locally in the App to allow you to use the App. The App stores information about used pills if you decide to use the “Pills Reminder” feature, this data is only stored locally on your Device and is not sent to us or the Pharmacy.
- Log information: if you are using an Android device then We will collect information regarding your use of the App (for example, which functions/screens have been accessed) to help us to understand what functionality is most used and focus our attention to enhancing these functionalities to improve the user experience.
- Third Party Information: the App does not retrieve information about you from any third party services.
Disclosure of Information
We and/or the relevant Pharmacy (as appropriate) may disclose your personal information to third parties:
- if We or the Pharmacy (or both) are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request;
- to your GP Practice for the purposes of providing pharmacy services to you, such as obtaining the prescriptions from the GP and passing on any request from a GP for you to make an appointment;
- in order to:
- enforce or apply the EULA and other agreements or to investigate potential breaches; or
- protect the rights, property or safety of EMIS Health, the Pharmacy or our respective customers, or others;
- performing services on our (or the Pharmacy’s) behalf (and who may only use such information to provide services that We or the Pharmacy have requested and not for any other purpose), for example, third party companies that provide analytical services (including, in relation to the Log Information, Google Analytics) so that We can better understand our users and so tailor the Services; and/or
- who are part of the same group of companies (or, in respect of the Pharmacy, to operators of pharmacies operating under the same brand as the Pharmacy) in connection with the delivery of the Services to you.
HOW AND WHERE WE STORE YOUR PERSONAL DATA
If you use the ‘pills reminder’ or ‘order repeat’ functions within the App then the relevant Medicines Data will be stored locally within the App on your Device.
Where We have given you (or where you have chosen) a password (for example, a PIN) that enables you to access and use the App, you are responsible for keeping this password confidential. We ask you not to share your login details or password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, neither We nor the Pharmacy can guarantee the security of data transmitted to us or to the Pharmacy and any transmission of data is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent any unlawful or unauthorised access.
We always aim to comply with all relevant data privacy laws which impose many obligations on us and which limit what We are allowed to do with the information which you provide to us so as to protect your rights.
We do not currently use any part of your Registration Data for marketing purposes (but if this were to change then We would contact you to obtain your consent and you do in any event have a legal right to require us to stop direct marketing at any time and We would make clear in any communications how you might exercise that right).
ACCESS TO INFORMATION
You have the right to access information held about you. Your right of access can be exercised in accordance with the terms of the Data Protection Act 1998 by making a “subject access request”.
If you would like to make a subject access request then you must make that request in writing to the address provided below. Any access request may be subject to a reasonable fee (as notified to you) to meet our costs in providing you with details of the information We hold about you (such fee to be no greater than that determined by the Data Protection Act 1998 and which is currently £10) and you may be asked to verify your identity before we release any information to you.
If We do hold information about you then following a subject access request We will: (i) describe it to you; (ii) explain why We are holding it; (iii) tell you who it could be disclosed to; and (iv) let you have a copy of it.
If, at any time, you want to verify, update, delete or amend your personal data (or preferences) then you may do so by sending a request to Operations Manager, EMIS Health, Turnberry, Belfry Business Park, Colonial Way, Watford, WD24 4WH or via email to firstname.lastname@example.org.
Please note that if the Pharmacy is holding any data relating to you then you will need to contact them directly should you wish to discuss any changes required to their records as those records are not within our power or control.
THIRD PARTY LICENSES IN RESPECT OF OPEN SOURCE SOFTWARE USED IN THE APP
Apache License, Version 2.0
Terms and conditions for use, reproduction, and distribution
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The MIT License (MIT)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Last updated March 2016