Terms and conditions

Terms and Conditions of Your Use of App and its Content

We,

• Ayrshire and Arran Health Board, having its principal office at Eglinton House, Ailsa Hospital, Dalmellington Road, Ayr KA6 6AB;
• Borders Health Board, having its principal office at Borders General Hospital, Melrose, Roxburghshire, TD6 9BS;
• Dumfries and Galloway Health Board, having its principal office at Mountainhall Treatment Centre, Bankend Road, Dumfries DG1 4AP;
• Fife Health Board having its principal office at Hayfield House, Hayfield Road, Kirkcaldy, Fife, KY2 5AH;
• Forth Valley Health Board, having its principal office at Carseview House, Castle Business Park, Stirling FK9 4SW;
• Greater Glasgow Health Board, having its principal office at JB Russell House, Gartnavel Royal Hospital, 1055 Great Western Road, Glasgow G12 0XH;
• Lanarkshire Health Board, having its principal office at Kirklands Hospital, Fallside Road, Bothwell, Glasgow G71 8BB; and
• Lothian Health Board, having its principal office at Mainpoint, 102 Westport, Edinburgh, EH3 9DN;

each constituted pursuant to the National Health Service (Scotland) Act 1978 (as amended) (each an “Owner” and two or more referred to as “Owners” or “we”, with “us” and “our” being construed accordingly, each of which expressions shall include our statutory successors and assignees), license you to use and access:

• NHS Scotland Formulary mobile application software together with the data supplied with that software and any updates or supplements to it (the “App”); and
• The related online or downloaded content available via the App (“Content”). Please note that the Content will regularly change automatically; provided that
• You must be 18 years old or over to agree to these Terms and to download or use the App and any of the Content;

all as permitted in and subject to these terms and conditions (“Terms”).

By clicking “Confirm Your Agreement” below the link to these Terms on the first launch page of the App you agree to these Terms, which will bind you. If you do not agree to these Terms, do not click “Confirm Your Agreement” as aforesaid. By downloading, using or accessing the App or Content, you agree to be bound by these Terms.


Your privacy

We only use any personal data we collect through your use of the App in the ways set out in our Privacy Policy. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.


App store’s terms of use also apply

When you download the App, or when you access or use the App or Content, you may also be subject to the terms of use and policies of the relevant app store (Google Play Store or Apple Store) from which you download the App. Please review those terms of use and policies very carefully. Your access to, and use of, the App and the Content will be governed by those app store terms of use and policies, unless they say otherwise.


Changes to these Terms

In order to reflect changes in law, practice or our policies, or to deal with additional features which we introduce, these Terms may be amended by us at any time without notice.

If you do not accept all changes to these Terms from time to time, then you must discontinue your use of the App and Content.


App updates

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we or your app store may ask you to update the App for these reasons.

If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the App or accessing the Content.


We may collect technical data about your device

By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve the App and/or the Content.

We may make use of location data sent from devices on which you use the App, but only for analytics purposes and subject always to our Privacy Policy.

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or Content in any form, in whole or in part to any person without prior written consent from us;
• not copy the App or any Content, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Content, nor permit the App or Content or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and Content on devices as permitted in these Terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or Content nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
  
  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

Acceptable use restrictions

You must:

• not use the App or any Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App 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 Content;
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Content;
• not use the App or any Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

Intellectual property rights

All intellectual property rights in the App and the Content throughout the world belong to us (or our licensors) and the rights in the App and the Content are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Content other than the right to use them in accordance with these Terms.


Availability of the App

Although the App has been tested and should work correctly under normal circumstances, there are many factors both within and outside of our control which may prevent the App from being available to users. No responsibility is accepted by us for any losses that may arise from you being unable to access resources on the App.


No warranties

The resources contained on the App, including the Content and all files that are authorised for public and password-protected download or access, are provided on an "as is" basis and without any warranties. Although files are virus-checked, this cannot guarantee that files are free from computer viruses and no warranty is given that files downloaded or accessed from the App are free of computer viruses. No warranties are made as to fitness-for-purpose, quality or completeness of any Content or other information. Each owner excludes any liability for any errors in or omissions in Content or other information provided on or linked to from the App.


We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge.

If you use the App for any commercial, business or resale purpose we will have no liability to you or any third party for any loss of profit, loss of business, business interruption, or loss of business opportunity.


Disclaimer

The App and the Content are provided for general information purposes only. They do not offer advice on which you should or may rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Content. The App and the Content have not been developed to meet your individual requirements and you should take specific advice in respect of your specific situations. Although we make reasonable efforts to update the information provided by the App and Content, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. No responsibility can be accepted by us or any other health organisation for action or inaction as a result of reliance on the App or any Content. No guarantees are made that the Content or any other information contained on the App, or associated or linked-to websites, is accurate, complete or current at any given time and such information may be changed at any time. The resources made available on the App are intended to assist healthcare professionals in Scotland in their work within the National Health Service and are for information only. The App is not intended in any way to replace the advice of a doctor. Nothing on the App is intended to constitute advice to you. Specific advice should be sought in specific situations from a properly qualified health worker. Content on the App is governed by a number of policies and guidelines. Users of the App agree to inform the Owners if they come across any material contained which they consider to be potentially in breach of any of the published NHS Lothian policies or of any relevant legislation in order for the appropriate remedial action to be taken.


Links to third party internet sites

The provision on the App of a link to any third party website does not constitute any authorisation to access material held at that location. Links to such sites are provided for informational purposes only and no responsibility is accepted by us for the quality of resources to be found on such websites. The contents and material made available on such linked sites are completely beyond our control and as such no liability is accepted for any damages resulting from accessing or failing to access these sites. No endorsement is expressed or implied by the presence of a link on the App. The contents of any third party linked-to website may change without our knowledge and, as a result, links may break or may terminate on pages which were not the original targets of a link. No responsibility or liability for the privacy of personal information is accepted for such linked-to websites, as these are beyond our control.

The App is hosted by Scotland’s Health on the Web (SHOW). Learn more about the SHOW links policy.


We may transfer these Terms to someone else

We may transfer our rights and obligations under these Terms at any time to any other NHS Scotland entity.


No rights for third parties

These Terms do not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any of these Terms.


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.


Enforcement of these Terms

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 breaking 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 and we may bring legal proceedings

These terms are governed by Scottish law and you and we can bring legal proceedings in respect of these Terms in the Scottish courts.


Copyright

For details of copyright please read our copyright policy.


Enquiries

Enquiries about the App, Content and these Terms can be made using our Contact Us form.