Terms and Conditions

1. Introduction

  • 1.1. We (South West London & St. George’s Mental Health Trust) have developed an app (the "MindMeds App") – available as a download.
  • 1.2. The MindMeds App enables you to:
    • 1.2.1. Record details of your treatment (name, dose, formulation);
    • 1.2.2. Record details of your appointments;
    • 1.2.3. Keep a record of your latest health check results;
    • 1.2.4. Keep a record of your treatment blood levels (where appropriate);
    • 1.2.5. Keep a record of your mood and sleep using the mood and sleep diary function;
    • 1.2.6. Monitor for side effects using rating scales;
    • 1.2.7. Store emergency information and contact details.

2. When these terms apply

  • 2.1. Please read these terms and conditions and our privacy policy accessed via the MindMeds App before using the MindMeds App. By registering for and continuing to use the MindMeds App, you agree to be bound by these terms.
  • 2.2. We may, at any time and in our sole discretion, amend these terms for any reason. The latest version of our terms will be accessible through the MindMeds App, and we will inform you via the MindMeds App and request your continued agreement if we make any significant changes to these terms.

3. How to register to use the MindMeds App

  • 3.1. The MindMeds App is free.
  • 3.2. To access the MindMeds App you must create and maintain an account.
  • 3.3. You must be 18 years old or above to accept these Ts&Cs and use this App.
  • 3.4. The App has been designed for and is intended to be used only by people who live in the United Kingdom.

4. Accessing the MindMeds App

  • 4.1. You are responsible for making all arrangements necessary for you to access the NHS App, including but not limited to:
  • 4.2. The MindMeds App is only intended to be used by you. If you permit any other person to use your account, you:
    • 4.2.1. do so entirely at your own risk
    • 4.2.2. must not share your user pin with such person
    • 4.2.3. are responsible for their access and use of the App as if it were your access and use
    • 4.2.4. must make sure such persons are aware of these terms and comply with them.
  • 4.3. If you know or suspect that anyone other than you knows your user PIN to your MindMeds account, you must promptly reset your pin to something only you know.
  • 4.4. You may use passwordless authentication (eg fingerprint or facial recognition) to access the MindMeds App.
  • 4.5. If you are not the legal owner of the phone, or the phone has been purchased for you, you will be assumed to have obtained permission from the owners of the phone.

5. Updates to the MindMeds App

  • 5.1. From time to time we may automatically update the MindMeds App or ask you to manually update it, to improve performance, incorporating patches, correction of errors, enhance functionality, reflect changes to the operating system, or address security issues.
  • 5.2. If updates are not installed you may not be unable to use the MindMeds App or you may find that its functionality and/or performance is impaired.
  • 5.3. The MindMeds App is not a medical device and so is not regulated by the Medicines and Health Regulatory Agency (MHRA).

6. Using the services

  • 6.1. The MindMeds App:
    • 6.1.1. is not a substitute for seeking medical advice. Always follow any medical advice given by your healthcare professionals
    • 6.1.2. is provided for information purposes to assist you to manage your health and wellbeing
    • 6.1.3. does not provide medical or clinical diagnostic services
    • 6.1.4. is not intended to be prescriptive or authoritative in respect of a diagnosis, condition or treatment, and is not intended to provide information on which you should solely rely.
    • 6.1.5. reflects current knowledge and practice in the NHS in England. However, medical knowledge and practice are constantly evolving and may not reflect the latest knowledge or practice
  • 6.2. If you export any of your data recorded in the App, you are responsible for ensuring that such data is held securely, and we will not be liable for any associated disclosure of sensitive and personal data.
  • 6.3. In order for you to receive the intended benefits of the MindMeds App you must ensure that all data provided by you is complete and accurate.
  • 6.4. If you are sharing information on the MindMeds App with a healthcare professional, you should make them aware that the information accessible (including any professional reference material) may not show your complete medical records and is intended to support, not replace, the healthcare professional's knowledge, experience and judgement.
  • 6.5. 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). If you have any questions about your medical records or other health-related information you should contact your GP or other healthcare professional directly, or call NHS 111 by dialling 111 from any landline or mobile phone free of charge.

7. Ending your use of the MindMeds App

  • 7.1. You may stop using the MindMeds App at any time. If you wish to remove your personal data from the App and your device you should use the ‘Clear Data’ function accessible through the App’s setting menu. You can delete the app from your device at any time – when deleting the app you will be given an option to clear data – this will delete all the data that has been entered in the app.

8. Your right to use the MindMeds App

  • 8.1. We own or have the right to use all intellectual property rights used for the provision of MindMeds App, including rights in copyright, patents, database rights, trademarks and other intellectual property rights, ("NHS IPR").
  • 8.2. You have permission to use the MindMeds App for the sole purposes described in these terms. You need written permission from us or any other owner of NHS IPR to use these items in any other way.
  • 8.3. Unless permitted by law or under these terms, you will:
    • 8.3.1. not copy the MindMeds App or any NHS IPR except where such copying is incidental to normal use
    • 8.3.2. not rent, lease, sub-license, loan, translate, merge, adapt or modify the MindMeds App or any NHS IPR
    • 8.3.3. not combine or incorporate MindMeds App in any other programs or services
    • 8.3.4. not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the MindMeds App or other any NHS IPR
    • 8.3.5. comply with all technology control or export laws that apply to the technology used by the MindMeds App or other any NHS IPR.
  • 8.4. You agree that you will:
    • 8.4.1. not infringe any rights in relation to copyright and/or trademarks (as mentioned below);
    • 8.4.2. not collect or harvest any information from any service or our systems or attempt to decipher any transmissions to or from the App;
    • 8.4.3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;

9. Prohibited uses

  • 9.1. You may not use MindMeds App:
    • 9.1.1. to collect any data or attempt to decipher any transmissions to or from our servers
    • 9.1.2. in a way that could damage, disable, overburden, impair or compromise our systems or security
    • 9.1.3. to transmit any material that is insulting or offensive
    • 9.1.4. in any unlawful manner or for any unlawful purpose
    • 9.1.5. in a manner that is improper use or inconsistent with these terms
    • 9.1.6. to act fraudulently or maliciously by hacking into the MindMeds App
    • 9.1.7. to transmit, send or upload any data that contains viruses, Trojan horses, worms, spyware or any other harmful programs designed to adversely affect the operation of computer software or hardware
    • 9.1.8. in connection with any kind of denial of service attack
    • 9.1.9. unless it has been downloaded from official App Marketplaces (Google Play Store or Apple App Store)
    • 9.1.10. 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"
    • 9.1.11. comply with all Applicable laws and these Ts&Cs. In particular, but without limitation, you will not use the App in any way which does or may be contrary to any Applicable Law. Neither will you attempt to use the App for any purpose which is not its intended purpose (which is to record the details of your treatment).
    • 9.1.12. If you do any of the above acts you may also be committing a criminal offence, and we will report any such activity to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them.

10. Our liability to you

  • 10.1. Although we make reasonable efforts to provide, maintain and update the MindMeds App it is 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 MindMeds App or any particular services (a) are accurate, complete or up-to-date; (b) will meet your particular requirements or needs; or (c) will always be available, error free, uninterrupted or free of viruses.
  • 10.2. We are not responsible for external links to or from the MindMeds App and cannot guarantee these will always work. The content of third party websites or Apps linked to or mentioned in the App are not monitored and not under our control. We do not endorse their content or their privacy policies (if any) and do not accept any responsibility for such content. You will need to use your own independent judgement regarding your interaction with any third party websites or apps.
  • 10.3. Nothing in these terms excludes or limits our liability for:
    • 10.3.1. death or personal injury arising from our negligence;
    • 10.3.2. fraud or fraudulent misrepresentation;
    • 10.3.3. any loss or damage to a device or digital content belonging to you, if you can show that a) this was caused by the MindMeds App and b) we failed use to use reasonable skill and care to prevent this; or
    • 10.3.4. any other liability that cannot be excluded or limited under English law.
  • 10.4. Subject to clause 10.3 of these terms, we will not be liable or responsible to you or any person you use the MindMeds NHS App on behalf of for:
    • 10.4.1. any harm, loss or damage suffered where this is not caused by i) our negligence (for instance, if a healthcare professional makes a misdiagnosis of your condition, or prescribes the wrong medication, or you make any independent decisions based on the information provided by the MindMeds App we would not be liable); or ii) our breach of these terms
    • 10.4.2. any loss or damage arising from an inability to access and/or use the MindMeds App in whole or in part
    • 10.4.3. any business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)
    • 10.4.4. any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the MindMeds App (loss or damage is "foreseeable" if it was an obvious consequence of our breach or if it was recognized by you and us at the time we entered into the contract created by your use of the MindMeds App)
  • 10.5. This clause 10 does not affect any legal rights you 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.

11.1. General

  • 11.1. These terms, and any other terms or policies referenced, set out the entire agreement between you and us in respect of your use of the MindMeds App.
  • 11.2. These terms do not give any rights to any third party to enforce any of these terms.
  • 11.3. Each of the clauses and sub-clauses of these terms operates separately. If any part is determined to be invalid or unenforceable it will be superseded by a valid and enforceable provision that most closely matches the intent of the original and all other terms shall continue in effect.
  • 11.4. Even if we delay in enforcing these terms we can still enforce them later.
  • 11.5. The laws of England shall apply exclusively to these terms and all matters relating to use of the MindMeds App, and dispute shall be subject to the exclusive jurisdiction of the courts of England.

12. UPDATES TO THE APP

  • - The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it. However, there may be circumstances where updates to the App result in the loss of data that you had entered into the App and we accept no liability or responsibility arising from the loss of that data. We recommend you back up your data as set out in the Liability section below.

13. WHAT HAPPENS IF I LOSE MY PHONE?

  • - The App requires you to enter a PIN to access your information (“Personal Data”) via the App itself. The information you provided about yourself is encrypted and stored within the App using your phone’s internal data storage and not a remote server. Therefore, if you lose your phone (or reset your device to its factory settings):
    • 13.1. your personal data cannot be restored from a server to the device;
    • 13.2. someone who finds it will need to know your PIN (to gain access via the App itself) or be able to decrypt the personal data stored on the device (if it has not been wiped from the device).
  • - We recommend that you back up any content or data used in connection with the App, to protect yourself in case there are problems with the App. If you wish to keep a back up of your information, you may download any information you enter into the App via the “Send Report” (via email) option on a regular basis and we would strongly recommend that you maintain regularly updated hard copies of your information as a back up. You should be aware of the risks of using this facility which are set out in the Privacy Policy.

14. OTHER IMPORTANT TERMS

  • 14.1. We may transfer our rights and obligations under these Ts&Cs to another organization at any time but this shall not affect your rights and obligations.
  • 14.2. You may not transfer your rights and obligations under these Ts&Cs to any other person or organization unless agreed in writing.
  • 14.3. If we fail to insist or delay to insist that you perform any of your obligations under these Ts&Cs, that will not mean 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.
  • 14.4. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these Ts&Cs.
  • 14.5. If any of these Ts&Cs are determined to be illegal, invalid or otherwise unenforceable then the remaining Ts&Cs shall remain in full force and effect.
  • 14.6. These Ts&Cs are governed by English law.
  • 14.7. If you live in England you can bring proceeding in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.