Terms of Service
Last updated on 21 July 2021
Plain English Summary
- “You” means the user and the person giving their consent to share their healthcare information.
- “We” refers to Ultramed Ltd
- “Ultramed Account” is an online account that lets you gather, edit, store, and share personal health information.
- “Questionnaire” is the set of questions you have been asked to answer on behalf of the hospital.
- “The / Our Service” is the digital platform allowing patients to communicate with their healthcare organisation.
- “Professionals” are employees of organisations using Ultramed whose identity and qualifications have been legally verified, for example, doctors and nurses.
- “Healthcare organisations” are customers of Ultramed and are organisations that are involved in your care, for example hospitals.
Ultramed provides an online platform allowing you to communicate with your healthcare team from anywhere with an internet connection. We provide our service to you on behalf of your healthcare organisation. Your healthcare organisation uses our service to send you a questionnaire for you to complete to help get you ready for a procedure or operation. Once your questionnaire has been sent to your healthcare organisation, healthcare professionals can view your record to help make decisions about your care.
To start using your Ultramed services, you must agree to these Terms of Service. You must be at least 16 years old.
You must obey the law, choose a secure password, and notify Ultramed or your healthcare organisation of any security problems. You are responsible for information you input into Ultramed.
If you find a problem with information you entered into Ultramed’s service, please contact Ultramed by emailing [email protected] or calling +44 (0)20 3322 4545.
For the purpose of the Data Protection Act 2018 (the Act), the data processor is Ultramed Ltd of Tremough Innovation Centre, Penryn, Cornwall, TR10 9TA. Reg No. 9242021.
Ultramed Ltd’s Data Protection Officer is Dr Paul Upton, available at the above address.
Full Ultramed Terms of Service
What the Terms of Service Covers
At Ultramed we store patients’ data for our customers (“Healthcare organisations”), along with software and service tools that help healthcare organisations to manage the data (“Service”). References to your healthcare organisation in these Terms of Service mean the legal person who employs the clinical, health or care staff who perform healthcare services for you. These Terms of Service sets the terms and conditions that apply between the patient (“you”) and Ultramed (“we”, “us”, “our”) in relation to the our Service. Under the Service, healthcare organisations who use Ultramed with you will each store their records about you with Ultramed, for use by your teams of professionals.
These Terms of Service apply to Ultramed software and services including updates that you use while these Terms of Service are in force. The Ultramed software and services are referred to collectively in these Terms of Service as the “Service”, and the account where your personal data is stored and accessible within the Service is referred to as the “Ultramed Account”.
Please note that we do not provide warranties for the Service. The Terms of Service also limits our liability. These terms are in sections “We make no warranty” and “Liability limitation” and we ask you to read them carefully.
How you May Use the Service
You must be an authorised user of certain participating institutions to be eligible to use the Service. You must be at least 16 years of age to use this Service. You may start using the Service as soon as you’ve created an account or you receive an invitation from your healthcare organisation. Support is available via our support telephone number, email or web chat. You may only transmit and store content that is legally permissible and appropriate for the Service.
In using the Service, you will:
- obey the law;
- obey any codes of conduct or other notices we provide;
- keep your Account password secret; and
- promptly notify us if you observe a security breach related to the Service.
- help Ultramed by reporting any illegal or inappropriate behaviour.
How You May Not Use the Service
In using the Service, you may not:
- use the Service in a way that harms us or members of our group of companies (including our parent companies and their other subsidiaries, as well as our own subsidiaries) or our affiliates, resellers, distributors, and/or vendors (collectively, the “Ultramed Parties” and each individually, a “Ultramed Party”), or any customer or user of an Ultramed Party;
- use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- use any automated process or service (such as a BOT, a spider, periodic caching of information stored by Ultramed, or “meta-searching”) to access and/or use the Service;
- use any unauthorised means to modify or reroute, or attempt to modify or reroute, the Service;
- damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone’s use and enjoyment of the Service; or
- resell or redistribute the Service, or any part of the Service.
Intended Use of Service
The Service is intended for you to use to conveniently communicate with your healthcare organisation. You may decide to authorise others, including healthcare organisations, to have access to your personal data via the Service. The information that you access via your Account may not always be accurate or up-to-date and you should verify its accuracy with your appropriate healthcare organisation before you act on the information. The accuracy of data and information and the timescales within which it is inputted into the Service is the responsibility of the healthcare organisation or other legal persons who input the data or information into the Service
You Are Responsible For Your Account
You are responsible for all activity that takes place with your sign-in credentials.
You will not copy, disassemble, decompile, or reverse engineer any software, code, script or content included in the Service, except and only to the extent that the law expressly permits this activity. The software is subject to United Kingdom export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
We Make No Warranty
There are lots of factors that can affect whether or not the Service is available, including the availability of your internet connection. The accuracy, quality or timeliness of your information is mainly determined by the accuracy, quality and timeliness of the people who supply or upload the information to the Service, which could be your healthcare provider or you, or others who you or your healthcare providers give permission to. Ultramed cannot, therefore, give a warranty in relation to the Service or the information.
We provide the Service “as-is,” “with all faults” and “as available” (see https://status.ultramed.co). We do not guarantee the availability of the Service or the accuracy or timeliness of information available from the Service. You may have consumer rights under UK law that these Terms of Service cannot change. To the fullest extent permitted by UK law, we exclude any implied warranties including those of merchantability, fitness for a particular purpose, standards and non-infringement.
We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by Ultramed. The Service stores records created by healthcare organisations and the Services does not itself provide medical or any other health or care advice, diagnosis or treatment. Always seek the advice of qualified professionals at healthcare organisations if you require healthcare advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of information you access on or through the Service.
The person responsible to you if you have a problem with the Service or your personal information used by the Service depends on what the problem is. For issues related to using our Service or if you are unsure who to contact, please contact Ultramed via our support team. For questions or concerns regarding your healthcare, for example questions about upcoming appointments, you should get in touch with your healthcare organisation. For problems with Service availability you should always check your own internet connection is available, first.
The following paragraphs set out how far Ultramed is liable to you in any case where (a) you have a problem with the Service, (b) it is confirmed as resulting from Ultramed not meeting obligations that it owes directly to you (such as under data protection law), and (c) as a direct result you suffer loss or damage.
You can recover from Ultramed only direct damages if Ultramed is liable to you (as described above) and our liability to you cannot lawfully be excluded.
You cannot recover any other loss, damage or damages, including indirect, consequential, special, indirect, incidental or punitive loss, damage or damages, or lost profits. This means that, in each case, you cannot claim for such loss, damage or damages.
The above limitations apply in relation to:
- the Service,
- content (including code) on third party Internet sites, third party programs or third party conduct,
- viruses or other third party content that affects your access to or use of the Service or any of your devices or other software or services,
- incompatibility between the Service and other services, software or hardware,
- delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
- claims for breach of Terms of Service, breach of warranty, guarantee or condition, strict liability, negligence, breach of statutory duty or other tort.
They also apply if:
- this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
- Ultramed knew or should have known about the possibility of the loss, damage or damages.
The above limitations and exclusions of Ultramed’s liability will apply to the fullest extent permitted by the applicable laws. We limit our liability in this way in view of the fact that the Service is provided without charge to you.
Changes to the Service; If We Cancel the Service
We may change the Service or delete features at any time and for any reason. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops right away.
How We May Change the Terms of Service
We may change these Terms of Service at our discretion by posting new applicable terms and conditions. If you do not agree to the changes then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed Terms of Service. Ultramed will notify users of changes to these Terms of Service, acceptance therein is assumed if refusal is not submitted within 30 days of notification.
Terms of Service refusals should notify Ultramed Support at [email protected]
Interpreting the Terms of Service
All parts of these Terms of Service apply to the maximum extent permitted by law. A court may hold that we cannot enforce part of these Terms of Service as written. If this happens, then we may exercise our right under “How we may change our Terms of Service” above and replace that part with terms that most closely match the intent of the part that we cannot enforce. This is the entire Terms of Service between you and us regarding your use of the Service. It supersedes any prior Terms of Service or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The headings used in the Terms of Service do not affect the interpretation of its terms and conditions.
Assignment; No Third Party Beneficiaries
We may transfer or assign these Terms of Service and/or the Services, in whole or in part, at any time with or without notice to you. For example if Ultramed were to be purchased by another company this agreement would transfer to them. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the Service. This Terms of Service is solely for your and our benefit (and the benefit of any person to whom we transfer or assign the Terms of Service and/or the Services). It is not for the benefit of any other person.
Management of Your Data
Notices We Send You; Consent Regarding Electronic Information
These Terms of Service are in electronic form. There may be information regarding our Service that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you:
- by email at the email address you specified as part of your sign-up and identity verification for the Patient Access Service;
- by access to an Ultramed web site that will be designated in an email notice sent to you at the time the information is available; or
- by access to an Ultramed web site that will be generally designated in advance for this purpose.
Notices provided to you via email will have a grace period of 14 days before being deemed given and received, this period will commence on the transmission date of the email. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.
Choice of Law and Location for Resolving Disputes.
The laws of England govern the Services, these Terms of Service and how these Terms of Service is interpreted and applied, and English law applies to any legal claim or matter arising under or in relation to the Services or the Terms of Service.
You and we irrevocably consent to the exclusive jurisdiction and venue of the United Kingdom for all disputes arising out of or relating to these Terms of Service.
Copyright and Trademark Notices
The Service and all contents of the Service are © Copyright Ultramed and/or its suppliers and/or contractors. All rights reserved. Copyright and other intellectual property laws and treaties protect all software and content provided as part of the Service. We or our suppliers and/or contractors own the title, copyright, and other intellectual property rights in the Service including the software and the content. Ultramed, MyPreOp, Ultramed logo, and/or other Ultramed products and Services referenced herein may also be either trademarks or registered trademarks of Ultramed in the United Kingdom and/or other countries. The names of actual companies and products mentioned in these Terms of Service may be the trademarks of their respective owners. All rights not expressly granted in these Terms of Service are reserved.
Ultramed is a private company limited by shares, which is registered in the United Kingdom with company registration number 09242021. Its full name is Ultramed Limited, and its registered office is at Tremough Innovation Centre, Penryn, England, TR10 9TA.
Tremough Innovation Centre, Penryn, Cornwall, UK, TR10 9TA
T: +44 (0)20 3322 4545