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NHS App terms of use

Version 2.6, 12 May 2020

Information:

This minor update clarifies the levels of identity verification available through NHS login.

1. Introduction

1.1. We (NHS Digital) have developed an app (the "NHS App") – available both as a download (the “Native Version”) and via a website (the “Browser Version”) – through which you can access certain online NHS services.

1.2. The NHS App enables you to (with NHS login high-level identity verification):

  • 1.2.1. view parts of your GP medical record online (including certain information about any condition, medication, allergies, vaccinations and test results) as authorised by your GP from time to time
  • 1.2.2. book or cancel your appointments online at your GP practice
  • 1.2.3. order repeat your prescriptions online and select or change your nominated pharmacy from which you get them
  • 1.2.4. send patient to practice messages enabling you to send secure messages to your GP practice (only available if your GP practice provides this service)
  • 1.2.5. use online consultation services for forms-based triage (enabling you to ask questions, report symptoms and request advice) (only available if your GP practice provides this service)
  • 1.2.6. view parts of the GP medical record, book or cancel appointments, order repeat prescriptions online and send patient to practice messages in relation to other people (e.g. your child or someone you care for) as authorised by your GP from time to time. This is called "Proxy Access".

(the "GP Services")

You may be able to access the GP Services using methods other than the NHS App – when we refer to the "GP Services" in these terms, we mean such services when they're made available to you specifically through the NHS App. Nothing in these terms will affect your right to access such services via other means. Further terms applying to these services are described in clause 6 (Details about the GP Services) of these terms of use.

1.3. In addition, you can use the NHS App to connect to a range of NHS online services, specifically:

With NHS login mid-level identity verification:

  • 1.3.1. triage service (via NHS 111 Online)
  • 1.3.2. Health A-Z information service (via NHS.UK)

With NHS login high-level identity verification:

  • 1.3.3. organ donation registration (via the NHS Blood and Transplant Organ Donation Register online service)
  • 1.3.4. National Data Opt-Out to nominate or change your NHS data sharing preferences
  • 1.3.5. use personal health record services to view parts of your GP or hospital care medical records online, message your healthcare professionals online, and record information about your health and share this with your GP or hospital online and access other functionality (only available if your GP practice or hospital provides this service)

(the "Connected Services")

The Connected Services are provided either by us, or other NHS organisations. Further terms applying to these services are described in, and are available to view via links at, clause 7 (Connected Services) of these terms of use.

1.4. Contacting us. To find out more about who we are and our role, visit the NHS Digital website. If you want to learn more about the NHS App, you think the NHS App is faulty, or you wish to contact us for any other reason, please visit our help and support page, where you can see FAQs and find out how to contact us.

1.5. If you have a complaint or query about any health-related information provided via the NHS App, we are unlikely to be able to offer any advice relating to this information. Instead, we may refer you back to your GP or, where appropriate, the provider of the relevant Connected Service.

1.6. How we will communicate with you. If we need to contact you, we will do so by email, SMS or telephone call using the contact details you have provided. We may also use NHS App messaging to send general communications relating to the NHS App and services available within it (but not personalised messages).

2. When these terms apply

2.1. These terms and conditions ("terms of use") apply to your use of the NHS App and the GP Services. Whenever you use the NHS App (including by downloading the Native Version or accessing it via the Browser Version) or GP Services, you agree to our terms of use.

2.2. Read these terms of use before using our GP Services (including use of the NHS App) or accessing the Connected Services.

2.3. Your access and use of the Connected Services are not subject to these terms of use. This is because when you access the Connected Services, the NHS App simply directs you to these separate services and you should read their own terms and conditions.

2.4. We license use of the NHS App (including use of the GP Services) to you on the basis of these terms of use and subject to any other rules or policies we notify you of from time to time.

2.5. By agreeing to our terms of use, you are also agreeing to comply with:

  • our privacy policy as may be updated from time to time, which sets out the terms on which we process any personal data we collect from you, or that you provide to us via the NHS App
  • our cookies policy as may be updated from time to time, which sets out information about the cookies we use and how we use them when you access and use our Services (including the NHS App)
  • any other separate terms of use, privacy policies, cookies policies and other terms and conditions we may notify you of, and may apply in relation to access and use of specific GP Services, Connected Services or other services or websites accessed via the NHS App.

2.6. We may, at any time and in our sole discretion, amend these terms of use for any reason. For example, to comply with law or reflect changes to the GP Services, Connected Services or new features on the NHS App. The latest version of our terms of use will be accessible through the NHS App, and we will inform you via the NHS App and request your continued agreement if we make any significant changes to these terms of use.

2.7. In providing you with the GP Services, we do not store data relating to any part of your medical records or other healthcare information (or that accessed through Proxy Access), either on the NHS App or otherwise. Any data you access using the GP Services will instead be temporarily cached in encrypted form by the NHS App – specifically, for the duration of a particular session that you are logged into the NHS App – following which, the data will be deleted from both the NHS App and our servers.

3. How to register to use the NHS App

3.1. The NHS App is free and available to anyone who is registered with a GP practice in England. If you are not yet registered with a GP practice or need to change to a different one, find out how to register with a GP practice. If you are not yet registered with a GP, you may still be able to access some of the Connected Services through the NHS App.

3.2. The NHS App is intended for use only by people who live in England. References in these terms to "the NHS" mean "the NHS in England" unless otherwise stated. Services and arrangement may differ elsewhere in the United Kingdom.

3.3. If you access or attempt to access the NHS App from any location outside England:

  • we cannot guarantee you will be able to access the NHS App or that it and the GP Services or Connected Services will function correctly
  • you are responsible for complying with any local laws that apply to you in the country from which you are using the NHS App

3.4. Use of the NHS App is not authorised in any country outside England that does not give effect to all provisions of these terms of use, including without limitation the choice of law and jurisdiction clauses.

3.5. In order to access the NHS App, you will need to register and create an account using the NHS login authentication platform. This will take you through a series of identification steps, which ensures that your use of the NHS App is secure and only you can access your account. You will receive a unique username and password, which you should keep secure and should not share with anyone. There are different levels of identity verification available through NHS login (low-level, medium-level, or high-level). A minimum of mid-level is required to access the NHS App and high-level is needed to access most services within the NHS App. Find out more about NHS login.

3.6. In order to use the NHS App you must be aged 13 years or older. If you are 13, 14 or 15 your GP will need to individually approve your access to the GP Services. This decision is at the discretion of your GP and will be made in accordance with any local policies. If you have any questions you should contact your GP directly.

3.7. We have many measures in place to keep your data safe. But it is important that you also play your part – visit the government's Cyber Aware website for advice on how to do this.

4. Accessing the NHS App

4.1. You are responsible for making all arrangements necessary for you to access the NHS App, including but not limited to an internet connection and an appropriate device ("Device") for app access.

4.2. We do not guarantee that the NHS App or GP Services will always be available or that access to them will be error free or uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the NHS App (including the GP Services) without notice. We will not be liable to you if for any reason the NHS App or GP Services are unavailable at any time or for any period.

4.3. You must not rely on the GP Services as the sole means by which you (or those for whom you have Proxy Access) continue to receive care from your doctor or other healthcare professional. You should ensure in particular that you have alternative means of communicating with your GP practice other than via the NHS App and GP Services.

4.4. We are giving you personally the right to access and use the NHS App and GP Services. You may not transfer the NHS App or access to the GP Services to anyone else. If you sell, loan or otherwise dispose of any device on which the NHS App is installed, you must remove the NHS App from the device beforehand.

4.5. The NHS App and GP Services are only intended to be used by you. Where you permit any other person to use your account with us to access and use the NHS App or the GP Services, you:

  • do so entirely at your own risk
  • must not, in so doing, share your user identification code or password with such person
  • are responsible for their access and use of the NHS App and GP Services as if it were your access and use
  • must make sure such persons are aware of these terms of use and other applicable terms and conditions, and that they comply with them

4.6. If you know or suspect that anyone other than you knows your user identification code or password to your NHS login account, you must promptly reset your password to something only you know. See our help and support page to reset it.

4.7. Once you have created an NHS login account and registered to use the NHS App you may use passwordless authentication to access the NHS App Native Version (this feature is not available on the Browser Version). This is the verification of your identity by means of a physical trait, such as fingerprint or facial recognition, known as biometric data.

Passwordless authentication is voluntary, and does not stop you using your existing method to access the NHS App. Passwordless authentication is based on technology in your device. We do not have access to or control over the biometric data stored on your device. Your device may support passwordless authentication using different types of biometric data, including fingerprint and facial recognition.

You must ensure that only your own fingerprint, facial data or other biometric data are stored on your device before enabling use of these to access the NHS App. We have the right, at any time without a separate notification, to block the use of passwordless authentication on any or all devices to access the NHS App. If you want to disable passwordless authentication to access the NHS App, do any of the following:

  • deactivate the functionality in the NHS App settings
  • delete the NHS App
  • contact us

4.8. When using the NHS App you should ensure you are using a secure internet connection, please refer to the government's Cyber Aware website for more guidance.

4.9. The Native Version of the NHS App is available to download, free of charge, onto your device from either Google Play or Apple's App Store marketplaces (the "App Marketplaces").

4.10. When you access and use the Native Version of the NHS App, you will also be subject to the terms, guidelines and conditions applied by any relevant App Marketplace from whose site you downloaded the NHS App (the "Marketplace Rules"). You should carefully review the Marketplace Rules before downloading the Native Version and ensure that you are able to comply with them. If you have any questions in relation to the relevant Marketplace Rules, you should contact either Google or Apple, as appropriate.

4.11. In relation to your access and use of the Native Version of the NHS App, if these terms of use are inconsistent with the Marketplace Rules, these terms of use will control (unless the Marketplace Rules say otherwise).

4.12. In order to operate correctly, the NHS App requires you to use a device, operating system and browser that comply with certain minimum requirements. These minimum requirements can be found on our help and support page.

5. Updates to the NHS App

5.1. From time to time we may automatically update the Native Version of the NHS App to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. Alternatively, we may ask you to manually update the Native Version for these reasons.

5.2. Depending on the update, you may not be able to use the Native Version of the NHS App until you have downloaded the latest available update.

5.3. If you choose not to install updates or opt out of automatic updates, you may not be able to continue using the Native Version of the NHS App and the GP Services, or if you do continue using the Native Version of the NHS App, you may find that its functionality and/or performance is impaired.

6. Details about the GP Services

Access to GP Services and practice systems

6.1. Our ability to provide you with access, via the NHS App, to GP Services is dependent upon a number of factors beyond our direct control, including:

  • your GP practice must use a clinical system compatible with the NHS App. If your GP Practice does not use a compatible clinical system, unfortunately you will not be able to use the GP Services that rely upon access to GP practice systems and you may wish to speak to your GP practice about what other options may be available to you
  • your GP practice has configured its relevant systems so the GP Service is accessible for your use
  • you have successfully completed any applicable GP practice registration requirements

6.2. Your GP medical records are created and kept up-to-date by your GP and remain under your GP's control. We do not hold or have access to your GP records, and are unable to add to or modify them. We are unable to provide you with hard copies of your medical records.

6.3. We are unable to advise you on, or answer any questions in relation to, any part of your medical records or health matters generally. If you have any questions about your medical records or other health-related information made available via the GP Services, you should contact your GP or other healthcare professional directly.

6.4. Every GP practice controls, in its sole discretion and on an ongoing basis, whether and to what extent its registered patients may have access to its online systems, and the nature and extent of any information or data stored on such systems. Accordingly, any information that is available for you to view via the GP Services is dependent on what information your GP practice allows you to see. You are not entitled to require that we provide access to all aspects of your GP record via the GP Services. If you believe that your GP practice is not making certain information available to you via the GP Services and you wish to view this information using the NHS App, you should contact your GP directly.

6.5. Each time you use the NHS App to access and view your medical records, please bear in mind that:

  • your GP practice may only authorise access to key facts, such as your medications and allergies etc, not your full detailed medical records
  • you are responsible for checking with your GP practice the nature and extent of any access you have been granted to your medical records

6.6. When using the GP Services, we recommend you should only print or export any data relating to your medical records or health care where there is a clear need for you to do so.

6.7. Where you do print or export any of your health or medical record data, you are responsible for ensuring that any such data you export or print is held securely. We will not be liable for any disclosure of sensitive and personal data if such disclosure arises as a result of you using the GP Services to export, print out or otherwise share any information or data made available to you via the NHS App.

Supporting your health and wellbeing

6.8. The GP Services are designed to support health and wellbeing generally. In order for you to receive the intended benefits of the GP Services, you must ensure that all data provided by you via the GP Services is complete and accurate.

6.9. The NHS App and GP Services:

  • are intended to provide you with information and services to help you manage certain medical conditions or treatments
  • are not a substitute for seeking medical advice from a doctor or other healthcare professional. Always follow any medical advice given by your doctor or other healthcare professional
  • are provided for information purposes including, where relevant, to assist you to manage your condition, and any treatment that you might require or may already be receiving under the supervision and care of a healthcare professional
  • do not provide medical or clinical diagnostic services
  • are not intended to be prescriptive or authoritative on their own in respect of a diagnosis, condition or treatment, and are not intended to provide information on which you should solely rely
  • are intended to reflect current knowledge and practice in the NHS. However, medical knowledge and practice is constantly evolving and as such they may not reflect the latest knowledge or practice

6.10. The information available to you through the NHS App is relayed to you from third party sources, so we cannot be responsible for its content or relevance to you. In particular, your GP practice's settings may affect what medical record information or functionality you can access.

6.11. If you are not a healthcare professional, you should always check with your doctor or other healthcare professional if you have any concerns about your condition or treatment and before taking, or not taking, any action on the basis of the NHS App or GP Services.

6.12. Please note your GP or other healthcare professionals remain ultimately responsible for your health and wellbeing (including but not limited to any diagnosis or other healthcare advice) and the NHS App and GP Services are additional information resources made available to you to inform and support that care. If you are sharing information on the NHS App with a healthcare professional, you should make them aware that the information accessible via the GP Services (including any professional reference material) does not show your complete medical records and is intended to support, not replace, the healthcare professional's knowledge, experience and judgement.

Managing appointments and prescriptions

6.13. Where authorised by your GP practice, you can use the NHS App to:

  • manage your appointments with your GP online, including booking and cancelling appointments
  • order repeat prescriptions online (provided your GP has authorised you to receive a repeat prescription for a particular medicine or treatment)
  • select or change your nominated pharmacy from which you get electronic prescriptions

Using online consultation services

6.14. Your GP practice or the Clinical Commissioning Group which it belongs to may have contracted with one or more online consultations providers to offer their patients online consultation services.

6.15. Where offered by your GP practice, you can use the NHS App to:

  • go through a forms-based triage process to submit administrative requests to your GP practice
  • go through a forms-based triage process to describe symptoms you are experiencing to your GP practice

In each case your answers will be sent to your GP practice, who will then contact you with appropriate next steps, unless the system detects that urgent medical attention is needed, in which case the online consultation service will direct you to other health services and will not alert your GP practice.

6.16. If you fail to provide all the information requested by the online consultation service it may not be possible to complete the process and send information to your GP practice. This does not affect your ability and freedom to visit your GP practice in person.

6.17. We are not responsible for any delay or lack of response by your GP practice.

6.18. Online consultation services are provided on the basis of general likely scenarios. Individual cases may require specific advice that cannot be addressed through the NHS App. Accordingly, online consultation services are provided for information only and are not intended to replace a consultation with an appropriately qualified health professional.

You should not ignore any professional medical advice on the basis of the online consultation services. We cannot guarantee that information provided by online consultation services will meet your health or medical requirements.

If you are concerned about your health, please contact a health professional such as your GP or call NHS 111 by dialling 111 from any landline or mobile phone free of charge.

6.19. Please see online consultation services and the privacy notice for more details of how online consultation services work and use your data.

Using patient to practice messaging

6.20. Where offered by your GP practice, you can use the NHS App to send secure messages to your GP practice. Your message will be sent to your GP practice, who will then contact you with appropriate next steps.

6.21. We are not responsible for any delay or lack of response by your GP practice.

6.22. Patient to practice messaging is provided as an alternative means of contacting your GP practice and is not intended to replace a consultation with an appropriately qualified health professional. If you are concerned about your health, please contact a health professional such as your GP or call NHS 111 by dialling 111 from any landline or mobile phone free of charge.

Proxy Access within the NHS App

6.23. Proxy Access, enabling you to view parts of the GP medical record, book or cancel appointments, order repeat prescriptions or send patient to practice messages online in relation to someone else (e.g. your child or someone you care for) may be made available to you by your GP practice. If provided this is activated by your GP through their GP practice IT system, and is subject to such requirements and conditions as your GP practice may decide. Proxy Access is dependent on you having the NHS App and access to GP Services, but it is not necessary for the person you are using Proxy Access on behalf of to have an NHS login or NHS App account. Your GP practice may also end Proxy Access. If you want to request Proxy Access or have any questions about it please speak to your GP practice.

6.24. These terms of use and any other applicable terms and conditions apply to your Proxy Access, including clauses 6.1 to 6.13 and 6.20 to 6.22, which apply to any medical records accessed, appointments booked or cancelled, repeat prescriptions ordered or patient to practice messages sent through Proxy Access. There is no Proxy Access to online consultation services.

6.25. If you are provided with Proxy Access this is only intended to be used by you, and you:

  • must not share your user identification code or password with anyone else, including the person you are using Proxy Access on behalf of
  • are responsible for Proxy Access and use of the NHS App and GP Services as if it were your access and use, including being responsible for compliance with these terms of use and any other applicable terms and conditions in respect of you Proxy Access
  • must, to the extent possible bearing in mind their age, condition and capacity, make the person you are using Proxy Access on behalf of aware of: (i) your Proxy Access and any steps you take on their behalf, and (ii) these terms of use and other applicable terms and conditions.

7. Connected Services

7.1. The NHS App allows you to link to the Connected Services listed below, although those specified are not available on the Browser Version. The Connected Services are made available by us and other organisations within the NHS, and are governed by separate terms of use and privacy policies (accessible via the links in the table below), which you should review before accessing and using the relevant Connected Services. There is no Proxy Access available through the NHS App for the Connected Services:

Names of connected services with links to their respective terms of use and privacy policies
Connected Service Terms and conditions Privacy policies
Triage Service (via NHS 111 Online) https://111.nhs.uk/Help/Terms https://111.nhs.uk/Help/Privacy
Health A-Z information service https://www.nhs.uk/our-policies/terms-and-conditions/ https://www.nhs.uk/our-policies/privacy-policy/
NHSBT organ donation https://www.nhsbt.nhs.uk/privacy/
National Data Opt-Out (not available through the Browser Version) https://www.nhs.uk/our-policies/terms-and-conditions/ https://your-data-matters.service.nhs.uk/privacynotice
Personal Health Record Services Depends on the personal health record service chosen by your GP practice or hospital. See the personal health record services privacy policy for more information.

7.2. We aim to replace broken links to other sites, but cannot guarantee these will always work as we do not have control over the availability of other sites.

7.3. Due to the nature of the internet, and that in some cases that Connected Services are not provided by us, we cannot guarantee that the Connected Services will always be available to you.

Using personal health record services

7.4. Your GP practice (or the Clinical Commissioning Group which it belongs to) or hospital may have contracted with one or more personal health record providers to offer their patients personal health record services.

7.5. Where offered by your GP practice or hospital, you can use the NHS App to access personal health record services to:

  • view parts of your GP or hospital care medical records online
  • message your healthcare professionals online
  • record information about your health and share this with your GP or hospital online
  • use other functionality that your GP practice has made available (for more details, see the personal health record services privacy policy)

7.6. Personal health record services are only available if your GP practice or hospital provides this service, and the exact nature of these services will depend on what your GP or hospital has chosen to make available to you. These services are governed by separate terms of use and privacy policies (accessible as detailed in the table above).

7.7. We are unable to advise you on, or answer any questions in relation to, personal health records. If you have any questions about your personal health records you should contact your GP or other healthcare professional directly.

7.8. Please refer to this page on personal health records and the NHS App privacy policy for more details of how personal health record services work and use your data.

8. Ending your use of NHS App

8.1. You may stop using the NHS App and/or cancel your NHS App account at any time. If you wish to cancel your account, you should contact us via the help and support page.

8.2. If your NHS login account is cancelled or terminated, this may mean you will not be able to login to the NHS App or access the GP Services.

8.3. If you breach any of these terms of use, we may prevent you from accessing the NHS App and GP Services and cancel your NHS App account. If we terminate (or suspend) your access to the NHS App, we will notify you. If what you have done can be put right, we will tell you and give you a reasonable opportunity to do so.

8.4. Note, if we terminate your account and/or prevent you accessing and using the NHS App and GP Services, this does not prevent you accessing Connected Services directly via the relevant websites, or accessing services substantially similar to the GP Services via other means.

8.5. Our ability to provide access to the GP Services is dependent upon your GP practice continuing to make available their relevant clinical systems. But your GP practice may choose (for whatever reason) to discontinue access to their systems at any time. If this happens, we will be unable to provide some or all the GP Services to you unless and until the GP practice reinstates access to their systems for these purposes.

8.6. If you cancel your NHS App account or we end your rights to use the NHS App:

  • you must stop all activities authorised by these terms of use, including your use of the NHS App and GP Services
  • where we end your rights to use the NHS App and GP Services, you must not seek to create a new account in relation to any GP Services without our prior written consent
  • any personal data we hold about you will be dealt with in accordance with our data retention policy, which is set out in our privacy policy
  • all rights granted to you under these terms of use shall automatically cease without further notice (although your statutory rights - for example in respect of data protection as described in the privacy policy - are not affected)
  • (where applicable) you must immediately delete or remove all copies of the NHS App from all devices or other IT equipment in your possession
  • we will cease providing you with access to the NHS App and GP Services

9. Your right to use the NHS App

9.1. We either own or have the right to use for the purposes of providing the NHS App all intellectual property rights, including rights in copyright, patents, database rights, trademarks and other intellectual property rights, ("NHS IPR") in:

  • the NHS App (including the GP Services and Connected Services)
  • any materials or content of whatever nature available through the NHS App including any information, data, text, images, videos, interactive services, links to products and apps, and other works in any format ("Online Content")

Save as expressly permitted in these terms of use, you will need to obtain permission in writing from us or any other owner of any NHS IPR (where we are the licensee) before you may use these items in any way. We do not sell the NHS App, GP Services, Connected Services or any Online Content to you and we or our licensors remain the owners of such materials at all times.

9.2. Permission to use NHS IPR. As long as you comply with these terms of use, we grant you a personal, worldwide, perpetual, non-exclusive, non-transferable, revocable, limited licence to use the NHS App and through it to access and use the GP Services, Connected Services and Online Content for your own personal use. We reserve all other licence rights not expressly permitted under these terms of use.

9.3. You may, solely for your own personal use (which includes using authorised Proxy Access):

  • download a copy of the Native Version of the NHS App onto an appropriate device and view, use and display the NHS App and any Online Content on such device
  • access and use the GP Services and Connected Services (including Online Content)

9.4. Unless permitted by law or under these terms of use, you will:

  • not copy the NHS App or any NHS IPR except where such copying is incidental to normal use
  • not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the NHS App or any NHS IPR
  • not modify the NHS App or any NHS IPR, or permit them to be combined with, or become incorporated in, any other programmes or services
  • not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the NHS App or other any NHS IPR
  • comply with all technology control or export laws that apply to the technology used by the NHS App or other any NHS IPR.

10. Prohibited uses

10.1. You may not:

  • infringe NHS IPR in relation to your use of the NHS App (including Online Content) to the extent that such use is not expressly permitted by these terms of use
  • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the NHS App
  • collect any data from our systems or any other systems (including GP practice systems) or attempt to decipher any transmissions to or from the servers running the NHS App
  • download or install the NHS App Native Version from anywhere other the official App Marketplaces (the Google Play Store or the Apple App Store)
  • use the NHS App Native Version on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been "jail-broken" or "rooted". A jail-broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval
  • use the NHS App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users
  • use the NHS App if you are under 13 years of age (however a person you are using Proxy Access on behalf of may be under 13)
  • use the NHS App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms of use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data, into the NHS App or GP Services
  • use the NHS App in connection with any kind of denial-of-service attack whether in relation to the NHS App, GP Services or otherwise. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the NHS App and GP Services will cease immediately
  • use the NHS App in any way that constitutes improper use or otherwise in a manner not reasonably contemplated by these terms of use
  • use the NHS App to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, spyware or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware

11. Our liability to you

Please read this clause carefully, as it sets out the limits of our liability to you (and any person you are using Proxy Access on behalf of) in relation to your use of the NHS App, GP Services and Online Content. As Connected Services are governed by separate terms of use you should also read the limits of liability described in those terms of use.

11.1. The NHS App and the GP Services (including any Online Content) may contain technical inaccuracies or typographical errors. We reserve the right at any time and without notice to make changes and improvements to the NHS App, GP Services and any Online Content.

11.2. Although we make reasonable efforts to update them, the NHS App, GP Services and Online Content, are provided "as is" and, to the extent permitted by law, we make no representations, warranties or guarantees, whether express or implied (including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose), that the NHS App, GP Services and Online Content are (a) accurate, complete or up-to-date; (b) meet your particular requirements or needs; or (c) access to, or use of, the same will be uninterrupted or completely secure. This is because we are completely reliant on third parties to provide accurate and correct data for the NHS App.

11.3. If the need arises, we reserve the right to amend, delete, suspend or withdraw all or any part of the NHS App (including the GP Services or Online Content) without notice. We will not be liable if, for any reason, the NHS App (including the GP Services or Online Content) or any parts are unavailable at any time.

11.4. We cannot guarantee that the NHS App (including the GP Services or Online Content) will be uninterrupted or error free, that defects will be corrected, or that the NHS App (including the GP Services or Online Content) or the servers that make them available will be free of viruses or represent the full functionality, accuracy or reliability of the materials. You should use your own virus protection software (and ensure that it is regularly updated) when accessing and using the NHS App, and you acknowledge that the introduction of threats or viruses may be as a result of circumstances that are not within our control.

11.5. Some of the professionally authored links from the GP Services and Online Content are to reputable institutions and societies, and the content accessed via such third party links can be a valuable source of information. However, not all medical resources on the internet are authoritative or current. Any decision about your health or medical care based solely on information obtained from the internet could cause harm. While we hope that you will find the third-party sites to which we provide links to be of interest, we can accept no responsibility in respect of any third-party websites or any information contained therein.

11.6. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, any loss or damage to a device or digital content belonging to you, if you can show that i) this was caused by the NHS App or any Online Content and ii) we failed use to use reasonable skill and care to prevent this, or any other liability that cannot be excluded or limited under English law.

11.7. Subject to clause 11.6 of these terms of use, we will not be liable or responsible to you or any person you are using Proxy Access on behalf of for:

  • any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device, computer equipment, computer programmes, data or other proprietary material due to your use of the NHS App (including the GP Services) or to your downloading of any Online Content or in respect of any website linked to it
  • any harm suffered where this is not caused by our negligence (for instance, if a healthcare professional makes a misdiagnosis of your condition, or prescribes the wrong medication, or for any independent clinical decisions you make based on the information provided by the NHS App)
  • any loss or damage that was not caused by our breach of these terms of use
  • any business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure
  • any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the NHS App (loss or damage is "foreseeable" if it was an obvious consequence of our breach of these terms of use or if they were contemplated by you and us at the time we entered into the contract created by your use of the NHS App)
  • any loss or damage arising from an inability to access and/or use the NHS App in whole or in part
  • use or reliance on any content available through the NHS App (including the GP Services and any Online Content) regardless of the origins of such content unless due to our breach or negligence
  • any other loss or damage whether arising under tort (including negligence), breach of contract, breach of statutory duty or otherwise

11.8. This clause 11 does not affect any legal rights you (or any person you are using Proxy Access on behalf of) may have as a consumer in relation to defective services or software. Advice about your legal rights is available from your local Citizen's Advice or Trading Standards Office.

11.9. You acknowledge that we have made the NHS App available to you in reliance upon these terms of use (including the exclusions and limits of liability in this clause 11).

12. General

12.1. We may transfer our rights and obligations under these terms of use to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under these terms of use. You may only transfer your rights or your obligations under these terms of use to another person if we agree in writing.

12.2. Subject to any specific terms detailed on the NHS App or other Connected Services in relation to particular features or materials, these terms of use (together with the privacy policy and cookie policy referred to in clause 2.5 of these terms of use) sets out the entire agreement between you and us in respect of your use of the NHS App, GP Services and Online Content. As mentioned elsewhere in these terms of use, your use of the Connected Services is subject to separate terms, provided either by NHS Digital or the relevant service provider.

12.3. These terms of use do not give rise to any rights for any third party to enforce any term of these terms of use.

12.4. We will not be in breach of any of our obligations under these terms of use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of our obligations shall be extended accordingly.

12.5. Each of the clauses of these terms of use operates separately. If any part of these terms of use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and exclusions and limits of liability, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms of use shall continue in effect (and if any of the sub-clauses in clause 11.7 of these terms of use are held to be invalid and are struck out, then this shall not impact on any of the remaining sub-clauses).

12.6. Even if we delay in enforcing these terms of use, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms of use, or if we delay in taking steps against you in respect of your breaking these terms of use, 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.

12.7. The laws of England shall apply exclusively to these terms of use and to all matters relating to use of the NHS App. Any cause of action arising under these terms of use or the use of the NHS App shall be subject to the exclusive jurisdiction of the courts of England.

Previous versions

Page last reviewed: 12 May 2020
Next review due: 12 May 2021