Patient Terms of Use

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Who we are

Nye Health Ltd is a limited company incorporated in England. Our company number is 11211158, and our registered office is at Unit 3, Woodgrove Farm, Fulbrook Hill, Fulbrook, Oxfordshire, OX18 4BH . When we refer to “Nye” or “we”, “us” or “our” in these terms, we are referring to Nye Health Ltd.

Important information about us

We are a health tech company with the aim of facilitating accessible health services for all. We’ve designed our app with that goal in mind.

Please note: Most users are currently using a simplified version of the Nye app that offers purely video consultation. This was deployed to assist clinicians in rapidly responding to the Covid pandemic. For this version, some of the following functionality does not apply

The Nye app enables you to book and consult with your GP or clinician (who we refer to as your practitioner in these terms), to see your GP practice-based medical records, and to interact with your usual healthcare provider from the comfort of your own home.

Please be aware of the following:

  • The Nye App does not provide health or medical advice. Our service facilitates remote consultations and interactions with your GP, your GP practice and your other usual NHS healthcare providers. Your NHS practitioner is responsible for the medical advice, diagnosis or treatment you receive.

  • Your NHS practitioner is also responsible for the content of your medical record. Nye accepts no responsibility for omissions or inaccuracies in your record. Our service simply displays what is made available to view on-line, by your GP practice. If you are concerned about anything you see in your medical record, you should contact your GP practice to discuss that.

  • Video consultations are not appropriate if you have a condition that you know will require a physical examination by your practitioner, or if controlled drugs may need to be prescribed. If you are unsure, always seek advice from your practitioner in person.

  • Video consultations may sometimes be used to provide urgent services, but only at the discretion of the clinical service provider or clinician

  • The Covid vaccine does not offer 100% immunity, so the presentation of the Covid passport should not be used to suggest 100% immunity, or an inability to transmit the virus to other people. It reduces the risk, but doesn’t eliminate it. Vaccinated individuals should continue to follow government guidelines regarding activity and permissible contact with others.

  • The appointment booking feature in the app is not designed for urgent requests for advice or care. If you have an urgent problem, please contact your practice in the usual way.

  • We cannot guarantee the availability of any particular practitioner at any particular time.

In addition, when viewing your GP practice-based medical record:

  • You may see something in your record that you had forgotten, and this may cause you distress

  • You may see a test result or other information before you have spoken to the doctor, and this may make you feel anxious or upset

  • You may find mistakes in your record: in this case, you should contact your practice to inform them

  • If you think you could be pressured by someone to show them details of your medical history against your will, it might not be in your best interests to sign up for this service

 

Our service

Our service allows you to:

  • Book a consultation remotely;

  • View your medical records securely, to the extent that is made available by your practice

  • View and request your repeat medications

  • Consult with your primary care practitioner without having to attend the practice

  • Consult with your hospital clinicians or out of hours service, without having to attend

  • Take calls from medical researchers (who may not be clinicians), if you are already signed up to take part in a research trial

  Note: In some service settings, the Nye app may be offered purely as a video consultation app

About these terms

This document sets out the terms of use for use of our app and our service.

By registering to use our app, you are entering into a legally binding agreement with us based on these terms and with acceptance of our Privacy Policy . If you do not agree to these terms, please refrain from using our app.

Changes to these terms

We reserve the right to amend these terms from time to time. We will email you to alert you to any new terms or notify you of any change when you next use the app. Your continued use of the app will be deemed to be acceptance of any new terms.

Your privacy

Any personal information we obtain from your use of the app will be processed in accordance with our Privacy Policy (available here) which explains what information we collect and why. We ask you to please read this carefully so that you understand our views and practices regarding your personal data and how we will treat it.

Your account

You must register an account on the app to make use of our service and to do so you must meet our eligibility criteria. Accordingly, you represent and warrant to us that:

  • You are over the age of 16 and have full authority to enter into these terms.

  • You are setting up the application for your own usage

  • You are not currently restricted from using our app or service.

You shall keep your password secure for use of the app and not permit others to use your account. You are responsible for anything that happens through your account until it is closed down (unless the account security has been compromised through no fault of your own). If you discover any unauthorised use of your account, you must promptly let us know. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.

Your obligations

You may use our app only for lawful purposes and to submit information which is accurate and that you are entitled to submit. If you access our service from outside of the UK, you are responsible for ensuring that it is lawful to do so and complying with the laws of the country from where you access the service.

You may not, and you warrant that you will not, use our app in any way that breaches our acceptable use standards (set out below).

Acceptable Use

These acceptable use standards apply to any and all use you make of our app or service, including any information, material or other content which you submit via our app. These standards must be complied with in spirit as well as to the letter. We will determine, in our discretion, whether any use of our app or service breaches these acceptable use standards.

  • You must not use the app for any unlawful purpose or in any manner inconsistent with these terms, or act fraudulently or maliciously.

  • You must not send any material during your use of the app or behave in a way that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or is racially offensive.

  • You must not send any material which infringes our intellectual property rights or those of any third party.

  • You must not use our app to reproduce, duplicate, copy or re-sell any part of our app or service.

  • You should not create a false identity or submit inaccurate, false or misleading information.

  • You should not knowingly self-enter incorrect medical information, such as vaccination records

  • You should not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

  • You must not attempt to gain unauthorised access to our app, the server on which our app is stored or any server, computer or database connected to our app or service.

Your licence to use the app

On condition that you comply with your obligations under these terms, we grant you a limited, non-exclusive, non-transferable license to access and make personal use of the app in accordance with these terms.

Our rights in our app

We own or validly license all intellectual property rights in our app and service. Except to the extent set out in these terms, or otherwise agreed in writing between us, you are not permitted to use our intellectual property rights.

Availability of our app and service

Please be aware that our app is provided on an basis and without warranties of any kind. In particular, we make no warranty that our app or our service will meet your specific requirements or expectations or that it will be error free.

 

Subject to the disclaimer above, we shall use commercially reasonable endeavors to make our service available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will also do our best to respond to all support queries within 72 hours..

 

Cancellation

Our core app is free to use and you may de-register your account at any time.

We may suspend your access or terminate your account with us if your use of our app or service breaches any of these terms. You will also be liable to us and indemnify us for any such breach. This means you will be responsible for any loss or damage we suffer as a result of your breach of these terms.

Our responsibility to you

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 and liability for fraud or fraudulent misrepresentation.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our failing to take reasonable care and skill, up to the amount of £10. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time that you entered into these terms, both we and you knew it might happen (e.g. because you discussed it with us at the time).

We are not responsible for any loss or damage that is not foreseeable. We are also not responsible for any loss or damage suffered by you as a result of your failure to follow our instructions or comply with these terms.

We only provide our app for your personal use. You agree not to use the app for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Other important terms

If any provision of these terms is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of these terms.

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 any breach by you of 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. If we choose to waive any particular right we have under these terms on any particular occasion this does not prevent us from exercising that right on another occasion.

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

These terms are governed by English law and if there are any disputes arising out of your use of the app or relating to these terms then you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.

How to contact us

If you wish to contact us about these terms or our service, please contact us by email at compliance@nye.health

Changes to our Patient Terms of Use
Version 4.0
This version was last updated on 25.3.21 by Blythe Wilkinson