Substrakt Health Limited, a company founded and registered in the UK (company registration number 09745077), whose registered office is at 2a Victoria Works, Vittoria St, Birmingham, B1 3HB, has developed the PatientPack Platform, a proprietary Patient Access software App and web-based solution.
Substrakt Health Limited: (“Substrakt Health”, “our”, “us”, we”)
PatientPack Platform: (“platform”)
Web-based Application: (“website”)
Patient: (“user”, “you” or “your”)
Patient Personal Data: (“personal data”)
Terms and Conditions: (“T&Cs”)
NHS Organisations: (“GP Practice”, “GP Federation”, “Acute, Community, Mental Health Provider”)
Client(s): (“NHS Clinical Commissioning Group (CCG), NHS Sustainable Transformation Partnership (STP), NHS Integrated Care System (ICS)”)
1. Terms and Conditions for the use of the PatientPack Platform
1.1. The platform powers solutions for the following NHS organisations (<a href=”https://substrakthealth.com/clientinstances”>https://substrakthealth.com/clientinstances</a>). These T&Cs form part of the agreement between you and Substrakt Health, the owner and operator of the platform, that gives the user, online access to your NHS medical record, services, health guides and information. Our platform allows you to access the following features through an App or website via your registered NHS GP Practice:
Online Appointment Booking and Management.
Online Ordering and Management of your Medication.
Online Access to your NHS GP Medical Record and Data.
Online Lifestyle and Long-Term Condition Health Guides and Information.
Online Consultations via Symptom Checker and Triage, using our NICE and NHS Approved Clinical Algorithm.
Online Video Consultations with NHS clinicians.
Online Access to approved linked Patient Medical Records.
The platform provides the above features on behalf of your local NHS Organisations. The platform complies with all NHS and UK legalisation and never stores or uses your personal or health data without your explicit consent.
1.2 The platform is available via our App (free download where available) to your mobile device or through our web-based application from multiple website addresses, based on our clients’ stipulation. For a list of website addresses that are available for each client, please see our full list at <a href=”https://substrakthealth.com/clientinstances”>https://substrakthealth.com/clientinstances</a>.
(Please note that the platform does not make any medical diagnoses, specifically the Symptom Checker feature. Please seek the advice of a medical professional if you are concerned about your health. In an emergency, you must contact the emergency services immediately if required. Always consult your Doctor or another qualified health care professional/practitioner if you have any questions regarding any medical issues. You should never disregard a Doctor’s professional advice or cancel an appointment with a Doctor because you are relying on information you have read or heard in the platform).
1.3 Should you wish to contact us, please email our Customer Support team at email@example.com.
1.4 You must be at least eighteen (18) years of age to use the platform. Your registered NHS GP practice has the discretion to grant you access to the platform services once you reach thirteen (13) years of age but if you are under eighteen (18) years of age, you will require the express consent of your parents, legal guardians or legal representatives to use the platform.
1.5 By using our website or downloading or using the App, you declare and warrant that you are bound by these T&Cs. If you do not agree to these T&Cs, you may not use or access any part of the platform, including the website and the App.
1.6 The official language of this T&Cs schedule is English (UK), and any interpretation or construction of this schedule shall be based thereon. If this schedule or any documents or notices relating to it are translated into another language the English version shall be controlling in the event of discrepancy between the two.
2. The legal relationship between you and Substrakt Health
3. Information we collect about you
3.2. Please note that if you access our service using your NHS login details, the identity verification services are managed by NHS Digital. NHS Digital is the controller for any personal information you provided to NHS Digital to get an NHS login account and verify your identity, and uses that personal information solely for that single purpose. For this personal information, our role is a “processor” only and we must act under the instructions provided by NHS Digital (as the “controller”) when verifying your identity. To see NHS Digital’s Privacy Notice and Terms and Conditions, please click <a href=”https://account.login.nhs.uk/#/account/termsofuse/privacynotice”>here</a>. This restriction does not apply to the personal information you provide to us separately.
4. Why we might access your personal data
4.1 Where you have provided your explicit consent, our staff may access your patient account to resolve any issues you might be experiencing with the app. This will allow specifically trained staff at Substrakt Health to view your medical information which may include your medical record. Strict confidentiality and data security provisions apply at all times. The process of accessing your account does not compromise your password at any time. You can manage this consent when you raise a support ticket with our help desk leaving “If needed, I give consent to access my medical record” unticked. Substrakt Health will at no point access your medical record without your explicit consent.
5. Use of the PatientPack Platform
5.1 The website and platform are provided free of charge as an NHS service, and you are allowed to use the functionality within the platform for booking appointments, managing your medication, accessing your record or performing an unlimited number of Symptom Checker assessments (subject to availability).
5.2 Please be aware that we provide the Symptom Checker feature within the platform solely for information purposes. It is not a medical consultation. The Symptom Checker feature is not a suitable substitute for medical advice obtained from your doctor, GP or other health service provider.
5.3 The platform does NOT provide diagnoses for medical conditions, nor does it prescribe how you are to treat any medical issues you may have. This can only be done by consulting a medical professional (such as a general practitioner).
5.4 Ultimately, if you have any medical issues that you have entered using the platform, you are responsible for whether or not you decide to consult a medical professional and/or seek medical advice.
6. Creating a user account in the PatientPack Platform
6.1 You will be able to access the platform directly via the web-based application on the various clients’ websites listed in 1.1 and 1.2. You can also download the App to your mobile device or tablet directly from the App from the Apple App Store or Google Play Store.
6.2 After downloading the platform (or accessing the web-based application on our website) you can set up a User Account with a username and password. We advise our Users to only use ‘strong’ passwords for their User Account (strong passwords are passwords consisting of a combination of numbers, upper case, lower case letters and symbols). To support maintaining a high level of security for your account and data, we enforce a 2-factor authentication approach using your mobile phone or email as the second authentication factor. When you register your User Account or provide us with other information, you are also declaring that the information provided to us is correct and complete. In the event of any change in the information later on, you declare that you will promptly notify us of such changes by updating the information.
6.3 During the registration process, we will check your details with those details held at your Registered NHS GP Practice to ensure accuracy and resultant access to your medical record. This access will only be used to provide the App service to you with all data processing carried out by Substrakt Health to provide you with this service. No data will be processed or used for any other purpose without your explicit consent.
6.4 You are responsible for maintaining the confidentiality of your login information and any activity in your User Account. Should you have the suspicion that your User Account may have been misused, you agree to inform us of this immediately by emailing firstname.lastname@example.org.
7. Your right to use the PatientPack Platform
7.1. The materials and contents contained in the platform are our exclusive property or the property of the persons who have granted us the applicable licence (this also applies to the third-party software embedded in the platform). We grant you the right to use these materials and content, but only for the purposes of using the platform in accordance with the present T&Cs.
7.2. We grant you the right to personally access and use the platform. You are prohibited to transfer this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access the platform does not preclude us granting other persons the right to access the platform.
7.2. Our right to use the name “PatientPack” or any specific implementation names as per our client’s brand (outlined within https://substrakthealth.com/clientinstances) or any trademarks, logos, domain names or other characteristic trademarks whatsoever is limited to the scope defined in these T&Cs.
7.4. As the User, unless such behaviours are appropriately permitted in accordance with these T&Cs, you undertake to refrain from the following:
7.4.1. You, the User, agree not to replicate or copy the platform, either in whole or in part.
7.4.2. You, the User, agree not to sell or otherwise make available the platform, either in whole or in part, to anyone else.
7.4.3. You, the User, agree not to modify the platform, in whole or in part, in any way whatsoever.
7.4.4. You, the User, warrant that you will not attempt to discover or access the source code of the platform, in whole or in part, unless it has been expressly published by us and released into the public domain.
7.5. You are aware that we, and/or the persons who have granted us a licence in this respect, are entitled to any confidential information, rights of use, of exploitation and of recovery – and any other intellectual property rights fully or partially existing – regarding the platform.
7.6. You understand that, apart from the right to access and use the platform in accordance with these T&Cs, you have no rights whatsoever to the platform, either in whole or in part.
8. Your use of the PatientPack Platform
8.1 In addition to the other provisions in these T&Cs, this Section defines certain regulations relating to the use of the platform.
8.2 The following is a list of things that are prohibited in the context of using the platform:
8.2.1 You are forbidden to circumvent, disable, or otherwise manipulate any of the platform’s security features or any features preventing or restricting the use or copying of the content that is available via the platform.
8.2.2 You are forbidden to create multiple User Accounts in the platform (however, as far as the platform functionality allows, you may link your account to other accounts supported by us within the user account on the platform).
8.2.3 You are forbidden to provide false or misleading information in the User Account details.
8.2.4 You are forbidden to allow anyone else to use the platform on your behalf or in your place.
8.2.5 You are forbidden to use the platform if we have temporarily suspended your right of use or forbidden you to continue using it.
8.2.6 You are forbidden to send junk mail, spam or repeated messages.
8.2.7 You are forbidden to act in any unlawful or illegal manner.
8.2.8 You are forbidden to modify, interfere with, hack or disrupt the platform, or to intercept messages.
8.2.9 You are forbidden to misuse the platform or to infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm the platform or any other user of the platform equipment.
8.2.10 You are forbidden to extract data from the platform except as permitted under these T&Cs.
8.2.11 You are forbidden to post or contribute any abusive, threatening, obscene, misleading, untruthful, offensive or abusive content, or content that contains any form of nudity or violence.
8.2.12 You are forbidden to enter information or comments about any third party without the consent of the third party concerned.
8.3 The non-compliance with the regulations listed in paragraph 7.2 represents a material breach of these T&Cs in the case of a violation of such regulations, and may result in us, at our sole discretion, initiating the following measures – either individually or in combination:
8.3.1 The immediate, temporary or permanent withdrawal of the right to access the platform or any associated services.
8.3.2 A warning being sent to you informing you of such a material breach.
8.3.3 Initiation of legal proceedings against you, including a claim for reimbursement of any costs and expenses incurred due to the breach of agreement (including reasonable administrative costs and legal fees), and moreover;
8.3.4 Disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary.
8.4 The reaction to a breach of agreement committed by you is not limited to the actions described in the preceding paragraph 8.3, i.e. we are entitled to take any further action we reasonably deem appropriate.
9. Termination of our contractual relationship
9.2 You are entitled to stop using the platform at any time and to terminate your agreement with Substrakt Health, including if you do not agree with the changes to the platform or these T&Cs proposed by us. Please follow the instructions on http://support.patientpack.co.uk to deactivate your User Account for both App and websites.
9.3 We can only terminate an agreement concluded with you for good reason. However, good reason exists in particular, but not exclusively, if you violate material contractual provisions (in particular paragraph 8.2) and if, due to external circumstances, it can be assumed that you are making improper use of our services. If good reason exists, we are furthermore authorised to block your access to the Platform, provided no other less severe measure is effective.
10. Our promise to you
10.1. Any information provided upon registration for the platform or via the symptom checker is made available to you in text form via the platform itself or via a Subject Access Request under your rights with GDPR. The information is made available by Substrakt Health and/or your Registered NHS GP Practice as is, without warranty, guarantee or representation of any kind.
10.2. You should not take any action based on the information provided in the platform without consulting a doctor or other medical professional first.
10.3. Due to the nature of the internet and the given technology, we are unable to guarantee that you will be able to use the platform at all times without any interruption and without delay or faults, and that the platform will at all times meet your expectations. We can, therefore, make no assurance with respect to the performance or availability of the platform in these present T&Cs. As far as legally permitted, we expressly exclude any warranties that may be applied by enforcement of the law.
10.4. Should you incur any damage through the use of the platform, we may only be held liable for intent and gross negligence. We may furthermore be held liable for the negligent breach of material contractual obligations, which must be met in order for this agreement to even be properly executed, and the violation of which will jeopardise the purpose of the agreement and which you, the User, should in regular cases be able to trust will be fulfilled. In the latter case, we may however only be held liable for calculable damages. We may not be held liable for violation by simple negligence of any obligations other than those specified in the preceding sentences. The foregoing exclusions of liability do not apply to violations causing death or personal injury.
11. Third-party services
11.1 If, and to the extent that, our platform contains links to other websites or resources operated by third parties, these links are to be deemed as being provided for your information only.
11.2 We are unable to influence the content of such websites or resources provided by third parties, and we may not be held liable for the content of information or websites linked included in frames. We may not be held liable for any financial or physical damages that you may incur as a result of, or in connection with, the use of such websites or resources.
11.3 You understand that the availability of the platform via the associated App is dependent on the third party where you downloaded the App (E.g. Apple App Store or Google Play). You are aware that these T&Cs apply to the contractual relationship between you and Substrakt Health, not to your contractual relationship with the App Store.
12. PatientPack Platform updates
12.1 We are constantly updating and improving the platform and associated Apps. We constantly strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviours and the way in which people use the internet.
12.2 For the purposes of eliminating technical errors and of technically improving and upgrading the platform and associated Apps, we reserve the right to change a specific aspect of a specific feature by updating the platform, resetting that feature and suspending the service or support for that feature. These changes may affect your activities on the platform. Changes may include the removal, modification or reset of the features you use. We will inform you of the changes and your rights in the case of changes by separate notification, to the extent you have signed up for such notifications (see paragraph 13.3.).
12.3 Updates may be released from time to time by us or via the App Store where you downloaded the platform and associated Apps. From time to time, to be able to use the platform, it may be necessary for you to update third-party software.
13. Changes to these Terms and Conditions.
13.1 We have the right to amend, adapt or supplement the present T&Cs from time to time. The current version of the T&Cs can be found on our website (www.substrakthealth.com)
13.2 Any changes to these T&Cs will usually be the result of new features being added to the platform, or of changes in the legislation or applicable regulations.
13.3 We will contact you to notify you of any changes or additions to these T&Cs and the documents referred to in these T&Cs at least 30 calendar days before any changes or additions to these T&Cs take effect. If you do not object within 30 days of receipt of notice and continue to use the services after the deadline for objection, such changes and additions will be regarded as effective and agreed upon from the deadline onward. We will inform you of your right of objection and the consequences of the objection in our notice of changes to the T&Cs.
14. Documents governing the contractual relationship between you and us
14.1 The current version of the T&Cs includes all provisions governing the contractual relationship between you and us. Older versions of the T&Cs no longer apply to our contractual relationship and are entirely replaced by the current version.
15. Applicable legislation and jurisdiction
15.1 Our headquarters are located in Birmingham, UK with all services being operated for the NHS in the UK (NHS England, NHS Scotland and NHS Wales). The agreement concluded on the basis of these T&Cs is subject to the laws of the United Kingdom. Without prejudice to the above choice of jurisdiction, in the case of agreements between traders and consumers, the provisions of the law of the country in which the consumer is habitually resident and which – under the law of that country – may not be derogated from, may be applied in favour of the consumer if the trader.
15.1.1 pursues his/her commercial or professional activities in the country of the consumer’s habitual residence, or;
15.1.2 such activities are in any way directed at that country or at several countries including that country, and the agreement falls within the scope of such activities.
15.2 The courts of the United Kingdom have the exclusive jurisdiction to settle any disputes arising in connection with, or as a result of, your use of the platform.
16.1 You consent to us communicating with you by electronic means (such as by email or other forms of text as defined in United Kingdom law).
16.2 Any notifications from you to Substrakt Health must be sent by email (text form as stipulated in United Kingdom law) to the email address below. We may email you notices to the email address you provided at the time you signed up for the platform.
16.3 The failure to enforce our rights must not be construed as a waiver of such rights.
16.4 Should any provision in these T&Cs be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.
16.5 Only the contracting party itself has the right to enforce contractual provisions.
17.1 If you would like to contact us in regard to the present T&Cs or any other document mentioned in them, please email us at email@example.com.