SCHEDULE 7 - Check a symptom
These terms include descriptions of each section, in bold text. These descriptions are to help you understand the terms but they are not part of the terms.
1. The Terms and this schedule
The purpose of these terms, and how they relate to babylon's other terms and conditions.
The terms in this Schedule apply to the babylon "CHECK" app which is referred to in this Schedule as "the App". The rest of the Terms also apply to use of the App and references in those terms to "the App" are references to the "CHECK" app in the context of this Schedule.
2. Operating system requirements
The technical requirements for using the App.
2.1 The App requires an iPhone version 4S or more recent, running iOS 8 or higher, or an Android smartphone running Android v4.2 or more recent ("Devices"), and a consistent 3G (or faster) data connection. For the avoidance of doubt, GPRS or EDGE connections are not suitable.
2.2 We recommend that if you are using a wireless network to access the App, you avoid use of public wi-fi facilities in favour of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the Device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
2.3 From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements.
The App includes software and content which the Company does not provide.
3.1 If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this end user licence.
3.2 The App may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
4. Your use of the app
What the App does, and what you can rely on it to provide. Also, when you shouldn't use the App.
4.1 The Company provides the App to you.
4.2 The App provides a symptom checking tool which provides you with a suggestion for where to seek care for diagnosis and treatment, based on the symptoms you enter. In some cases, particularly those that do not yet require seeking care from a healthcare provider, general healthcare advice, possible conditions, and non-prescribed treatments may be suggested. Any conditions suggested should not be considered as a definitive diagnosis as this can only be obtained after speaking to a suitably qualified healthcare professional. The aim is to enable you to identify the medical services or simple home treatment advice that most closely matches your needs, based on the information you enter into the App.
4.3 The suggestions provided are only valid for immediate action. If you delay immediate action for any reason, you will need to enter new information into the App which should represent correct information at the time of data entry rather than historical information based on how you were feeling the previous time you entered the information. This is very important, as the advice the App provides is based on the information you enter, and your symptoms are likely to change over time and you may develop new symptoms.
4.4 The suggestions provided do not cover all clinical situations, including but not limited to those listed in paragraph 4.6. Suggestions provided are dependent on the body part selected. You are responsible for the selection of body parts in the App and the Company cannot be held liable for any adverse event resulting from advice provided for an inappropriately selected body part or by using the suggested outcome for conditions not covered by the App, including but not limited to those listed in paragraph 4.6.
4.5 The App is not a medical consultation and does not provide a definitive diagnosis or any prescribed treatment. It suggests healthcare providers or non-prescribed treatment that may suit your current healthcare needs. If you require a medical consultation, you should consult a healthcare professional and not use the App. You can obtain remote medical consultations by subscribing to the Company's babylon app.
4.6 The app is not designed for use:
4.6.1 by anyone under 16;
4.6.2 outside the United Kingdom;
4.6.3 by pregnant women;
4.6.4 by people who have a chronic disease or condition;
4.6.5 by people who have recently had surgery;
4.6.6 by people who are generally unwell with co-existing illnesses or undiagnosed conditions (apart from the symptoms for which they are consulting the App).
You should not use the App if you fall into any of these categories.
4.7 The Company does not provide the medical services or treatment that the App may suggest, nor does it recommend any named provider or supplier of non-prescribed treatment. The providers of such services or treatments (and not the Company) are responsible to you for their services or treatments. You should always read the instruction label for any medications suggested before use. Do not take any medications if you have any concerns after reading the label. If you are unsure, consult a doctor before use.
4.8 In cases where the App suggests seeking further care, you are responsible for making appointments, and ensuring these occur within the recommended time frame. The first available appointment within a recommended time frame is advised in all circumstances. If you are advised to use a health service "as soon as possible", this is intended to mean within the next few days. Where a babylon appointment is recommended, and you are not able to book this for any reason, you should seek care from an alternative provider such as your NHS GP.
5. Our use of data and permissions
How the App uses your information.
5.2 In particular, by using the App, you consent to us collecting and using technical information about your Device and related software, hardware and peripherals for the App and any Services that are internet-based or wireless to improve the App, our products and to provide any Services to you.
5.3 The App makes sure of location data sent from the Devices. It will not function properly unless your Device has location services turned on. If you use the App, you consent to us and our Affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide App functionality and improve location-based products and services.
5.4 We will store data regarding your symptoms that you enter into the App as part of your medical records including records kept as part of your use of our consultation Services. This will be visible to a babylon clinician within your medical record if you have a consultation for any reason.
5.5 We also use your data for research and quality assurance purposes, and to develop other products and services. However, it is anonymised before any such use is made so that you cannot be identified.