Last updated 5 April 2022
By using the Platform, you are agreeing to these Terms, along with the following additional terms (that are available in the settings folder within the App and here) which also apply and shall be incorporated into our Contract with you:
- our App Experience / Data Analytics.
Any reference to ‘these Terms’ shall include all these terms (as applicable). Words are defined where they first appear in these Terms and in the Definitions section (please see Section 18).
Please note that the SCIENSUS INTOUCH Platform must NOT be used in an EMERGENCY situation.
IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 999.
YOU SHOULD CALL 999 IMMEDIATELY in a critical or life-threatening situation, such as if someone has:
- difficulty breathing;
- severe bleeding and it can’t be stopped;
- severe chest pain;
- a severe allergic reaction;
- severe burns or scalds;
- loss of consciousness;
- major trauma such as the result of a serious road traffic accident, a stabbing, a shooting, a fall from height or a serious head injury; or
- acute confused states and fits which aren’t stopping,
- if you believe someone is having a heart attack or stroke.
2. WHO WE ARE AND HOW TO CONTACT US
Who we are?
The SCIENSUS INTOUCH Platform is operated by Sciensus Pharma Services Limited (‘Sciensus’, ‘our’, ‘us’ or ‘we’), a company registered in England (company number 02759609).
Sciensus is regulated by the Care Quality Commission (‘CQC’) (registration number 1-101675619). The CQC is the independent regulator of all health and social care in England. The CQC monitors, inspects and regulates all hospitals, care homes, home-care agencies, GP practices and dental practices.
How to contact us?
Please contact us here.
We may contact you by email to the email address provided in your Account, by written communication to the postal address provided in your Account or by telephone.
3. OUR SERVICES
What Services do we offer?
The SCIENSUS INTOUCH Platform provides Sciensus patients with functionality that helps them to manage their treatment and interactions with Sciensus. For example, viewing information about your treatment or obtaining useful information relevant to your condition.
In the event that you require information and support and you are unable to access the SCIENSUS INTOUCH Platform for whatever reason, please contact us.
4. SAFE USE OF THE SERVICES
To ensure you can use the SCIENSUS INTOUCH Platform and Services safely and in accordance with these Terms, you must:
- comply with our Fair Usage Policy (see Schedule 1, below) at all times;
- not use the Services for any inappropriate purposes;
- follow instructions given to you on the SCIENSUS INTOUCH Platform;
- seek further medical advice if you have any concerns about the information given to you on the SCIENSUS INTOUCH platform and/or if your condition changes; and
- seek immediate medical assistance if you suffer adverse or unexpected effects of any treatment, medicine or healthcare product. Please see Emergencies (See Section 1)
Please note that it is your responsibility to schedule reminders when using the SCIENSUS INTOUCH Platform.
The secure SCIENSUS INTOUCH Platform is very easy to use and works on most tablets and smart phones.
The SCIENSUS INTOUCH APP contains all current available features. Your device will need to be internet enabled to use some features.
The APP should work on the following:
Tablet devices (operating system):
- Apple iPad (iOS v10 or later)
- Android tablet (v7 or later)
Mobile devices (operating system):
- iOS (v10 or later)
- Android (v7 or later)
6. USING THE SCIENSUS INTOUCH PLATFORM
User requirements: In order to use the SCIENSUS INTOUCH platform and the Services you represent and warrant that you:
- are at least seventeen (17) years of age; and
- have capacity to accept and agree to these Terms.
We may monitor use: We reserve the right to monitor your use of the SCIENSUS INTOUCH Platform and/or Services and to disable any user access at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we suspect any unauthorised use or misuse of the SCIENSUS INTOUCH Platform and/or Services.
7. HOW WE MAY USE YOUR PERSONAL INFORMATION
8. WE MAY MAKE CHANGES TO THESE TERMS
We may amend these Terms from time to time.
Every time you wish to use our Platform, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on 5 April 2022.
9. WE MAY MAKE CHANGES TO THE SCIENSUS INTOUCH PLATFORM AND/OR THE SERVICES
We may update and/or make changes to the SCIENSUS INTOUCH Platform and/or the Services from time to time, for example, to reflect changes in your needs and/or our business priorities, security updates or any legal or regulatory changes.
10. WE MAY SUSPEND OR WITHDRAW THE PLATFORM
We do not guarantee that the SCIENSUS INTOUCH Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the SCIENSUS INTOUCH Platform for business and operational reasons, including (without limitation) for technical or security reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We reserve the right to suspend or terminate your access to the SCIENSUS INTOUCH Platform at any time, without notice and without us bearing any liability to you, if we reasonably believe you have breached any of these Terms.
11. TEMPORARY USE LICENCE GRANTED
This is a limited licence and you may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Platform, create any works based on the SCIENSUS INTOUCH Platform or commercially exploit the SCIENSUS INTOUCH Platform or the Services in any way. This includes (but is not limited to) selling, reselling, reproducing, duplicating or copying the SCIENSUS INTOUCH Platform and/or the Services and the use of any data mining, gathering or extraction tool. Any of these uses will result in your licence being terminated and you will no longer be authorised to use the SCIENSUS INTOUCH Platform or the Services.
Medical Disclaimers: You should always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns (and before starting, pausing, stopping or modifying any treatment or medication, including using the SCIENSUS INTOUCH Platform) even if you have read relevant material on the SCIENSUS INTOUCH Platform.
Sciensus does not guarantee that the SCIENSUS INTOUCH Platform is the best course of accessing advice or indeed the appropriate course of treatment for your particular healthcare concern or medical issue. You agree to contact your GP / Consultant immediately should your condition change or your symptoms worsen (if you are not registered with a UK doctor you agree to contact your local walk-in centre or hospital for advice). In an emergency, you should contact your nearest emergency services centre immediately.
Content Disclaimers: Any information on our SCIENSUS INTOUCH Platform or in any communications from us is for general educational and informational purposes only and is not intended to amount to advice on which you should rely. Such information should not be relied upon as a substitute for seeking appropriate individual medical advice or services.
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the SCIENSUS INTOUCH Platform is accurate, complete or up to date. We accept no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such information.
General Disclaimers: We make no warranty that the SCIENSUS INTOUCH Platform or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. We are not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.
We will take all reasonable precautions to protect against failure of our equipment and software and will perform regular back-ups of all data stored. You acknowledge and accept that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the SCIENSUS INTOUCH Platform.
We do not guarantee that the SCIENSUS INTOUCH Platform will be secure or free from bugs or viruses. You are responsible for configuring your Devices in order to access the Platform. You should use your own virus protection software.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED VIA THE SCIENSUS INTOUCH PLATFORM OR SERVICES.
We do not endorse the promotions, products or services of any third parties, nor do we warrant or validate the accuracy of any third-party advertisements, promotions, communications or other materials. We do not assume any responsibility or liability for the accuracy of information contained on any third-party web sites.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability to compensate you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
Liability for damage to your Device or digital content. If defective digital content which we have supplied damages your Device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
No liability for inability to use the SCIENSUS INTOUCH Platform / reliance on any content. Subject to ‘We do not exclude or limit in any way our liability to you where it would be unlawful to do so’ we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising in connection with:
inability to use the Platform; or
use of or reliance on any content displayed on the SCIENSUS INTOUCH Platform
We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. CIRCUMSTANCES OUTSIDE OUR CONTROL
We shall not be responsible if the supply of the Services is delayed or prevented by circumstances outside our reasonable control. If this happens, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure.
15. TERMINATION OF OUR SCIENSUS INTOUCH PLATFORM AGREEMENT WITH YOU AND CONSEQUENCES
Our right to terminate. By using the SCIENSUS INTOUCH Platform and engaging with the service we have entered an Agreement, terminating your right to use the SCIENSUS INTOUCH Platform or the Services is possible if:
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the SCIENSUS INTOUCH Services, for example valid contact details;-
you seriously (as determined by us) or repeatedly breach any of these Terms and our Fair Usage Policy (see Schedule 1, below).
We may withdraw from the SCIENSUS INTOUCH Services. We may write to you to let you know that we are going to stop providing the SCIENSUS INTOUCH Services. We will try to let you know in advance of our stopping the supply of the Services.
We will advise you of any termination or suspension via the contact email.
Your right to terminate. You may cease using the SCIENSUS INTOUCH Platform at any time.
16. INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in the SCIENSUS INTOUCH Platform, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
17. OTHER IMPORTANT TERMS
Nobody else has any rights under these Terms. No other person shall have any rights to enforce any of these Terms apart from Sciensus.
If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the SCIENSUS INTOUCH Platform and/or the Services in the English courts. If you live in Scotland you may alternatively bring legal proceedings in Scotland. If you live in Northern Ireland you may alternatively bring legal proceedings in Northern Ireland.
The following defined terms apply to these Terms.
Device means the smartphone or tablet computer that you use to connect to the Platform.
NHS Patient means a patient who uses the SCIENSUS INTOUCH Platform to access NHS Funded primary care services.
Private Patient means a self-funded patient who accesses the Services.
Services has the meaning set out in clause 3 and as further described the Platform.
You means the individual using the SCIENSUS INTOUCH Platform to access the Services
Fair Usage Policy
Our Fair Usage Policy is designed to prevent fraud and abuse of Memberships.
Unlawful, prohibited or unusual activities (non-exhaustive list): You are not permitted to (or permit anyone else to):
a ) use the SCIENSUS INTOUCH Platform or Services in any unlawful or fraudulent way and/or for any unlawful, fraudulent or inappropriate purpose;
b) use the SCIENSUS INTOUCH Platform or the Services for the purpose of harming or attempting to harm minors in any way;
c) post or transmit a message (written, verbal or via video) under a false name or use our network resources to impersonate another person or misrepresent authorisation to act on behalf of others or Sciensus. All messages transmitted via the SCIENSUS INTOUCH Platform should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;
d) allow another person or entity to use your personal sign on information (unless a permitted minor);
e) attempt to undermine the security or integrity of computing systems or networks of Sciensus, the SCIENSUS INTOUCH Platform or any sites or platforms accessed through or via the Platform, and you must not attempt to gain unauthorised access;
f) harvest or collect data about any other individual who uses the Platform;
g) post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere,
h) manipulate or otherwise interrupt or expropriate the SCIENSUS INTOUCH Platform and/or the Services;
i) tamper, hack, spoof, copy, modify or otherwise corrupt or attempt to gain unauthorised access to the administration, security or proper function of the SCIENSUS INTOUCH Platform and/or the Services, or the server on which the SCIENSUS INTOUCH Platform or related materials are stored or any server, computer or database connected to the Platform. You will not use robots or scripts with the Platform;
j) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this Platform. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting;
k) upload or provide any information to the SCIENSUS INTOUCH Platform in breach of any third party’s intellectual property rights and/or any obligation of confidentiality or contractual duty owed to any third party; or
l) reproduce, duplicate, copy or sell any part of the SCIENSUS INTOUCH Platform in contravention of the provisions of our Terms.
Breach of this Fair Usage Policy
When we consider that a breach of this Fair Usage Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Fair Usage Policy constitutes a material breach of our Terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions (at our sole discretion):
- Deletion of any information provided by you that we deem in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any third-party intellectual property right.
- Suspension or termination of your contract for the Services. Where we consider it reasonable and at our complete discretion, we may provide you with a notice of improper behaviour before suspending, terminating or offering alternative Services, as we deem appropriate.
Issue of a warning to you
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this Fair Usage Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.