NHS Health Check online terms of use

1. Introduction

1.1. We (NHS England) have developed a digital service called NHS Health Check online. This is a digital way to access the NHS Health Check - NHS. This service is currently in pilot so is only available in certain areas, and if you are invited by your GP or local council to take part.

To find out more about who we are and our role, visit the NHS England website.

1.2. Contacting us: if you have any questions about the service, contact us.

For any questions about your results, contact your GP surgery.

2. When these terms apply

2.1. Please read these terms of use and our privacy policy, cookies policy and accessibility statement. By continuing to use the NHS Health Check online, 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 NHS Health Check online.

3. How to use the NHS Health Check online

3.1. NHS Health Check online is free. To use NHS Health Check online, you must be invited to take part by your GP or local council. You can access it through the NHS App. You can download the NHS App on an iOS or Android device. You can find out more about the NHS App.

You can also access the same services by logging in through the NHS website in a web browser.

These terms apply to using either of those channels.

3.2. To use the NHS Health Check online you need an NHS login account with a high level of identity verification. If you do not have an account or a high level of identity verification, you will be able to set this up as part of your application. Find out more about NHS login.

3.3. If you access or attempt to access the NHS Health Check online from outside of England, you are responsible for complying with any local laws that apply to you in the country from which you are using NHS Health Check online.

3.4. The NHS Health Check online is split into different sections. You must answer all the questions in each section to enable us to process your information and provide a result for that section. When you submit your NHS Health Check online, results generated by the service are shared with the GP surgery. More information on this and how your information is used and processed is in the privacy policy.

3.5. The NHS Health Check online can only be accessed if you are aged 40 or over, registered with a supported GP surgery and have not had an NHS Health Check in the last 5 years.

3.6. Part of the NHS Health Check online is a medical device and so is regulated by the Medicines and Health Regulatory Agency (MHRA).

4. Accessing the NHS Health Check online

4.1. You are responsible for making all arrangements necessary for you to access the NHS Health Check online, including but not limited to:

• a secure internet connection (see Cyber Aware website)
• an appropriate device, operating system and browser
• using your own virus protection software (and regularly updating it) when accessing and using the NHS Health Check online

5. Details about the NHS Health Check online

5.1. If you download, print or export any of your submitted information or results, you are responsible for ensuring that this is held securely, and we will not be liable for any associated disclosure of sensitive and personal data.

5.2. In order for you to receive the intended benefits of the NHS Health Check online, you must ensure that all data provided by you is complete and accurate.

5.3. Your GP health records are created and kept up to date by your GP and remain under your GP’s control. We do not hold or have access to any GP records and are unable to answer queries about them or provide hard copies.

5.4. The NHS Health Check online:

• is not a substitute for seeking medical advice - always follow any medical advice given by your healthcare professionals
• does not provide medical or clinical diagnostic services

5.5. We are not responsible for any delay or lack of response by a GP surgery to any information provided through NHS Health Check online, or for the outcome of any decision your GP may make about any follow-on treatment or advice.

6. Ending your use of the NHS Health Check online

6.1. You may stop using the NHS Health Check online at any time. If you fail to complete your NHS Health Check online within a set period of time your data will automatically be deleted. More information on how long your information is kept is in the privacy policy.

7. Your right to use the NHS Health Check online

7.1. We own or have the right to use all intellectual property rights used for the provision of the NHS Health Check online, including rights in copyright, patents, database rights, trademarks and other intellectual property rights, ("NHS IPR").

7.2. You have permission to use the NHS Health Check online for the sole purposes described in these terms and must not use it in any other way.

7.3. Unless permitted by law or under these terms, you will:

• not copy the NHS Health Check online or any NHS IPR, except where such copying is incidental to normal use
• not rent, lease, sub-license, loan, translate, merge, adapt or modify the NHS Health Check online or any NHS IPR
• not combine or incorporate the NHS Health Check online in any other programmes or services
• not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the NHS Health Check online or other NHS IPR
• comply with all technology control or export laws that apply to the technology used by the NHS Health Check online or any other NHS IPR

8. Prohibited uses

8.1. You may not use the NHS Health Check online:

• to collect any data or attempt to decipher any transmissions to or from our servers
• in a way that could damage, disable, overburden, impair or compromise our systems or security
• to transmit any material that is insulting or offensive
• in a way that interferes with other users
• in any unlawful manner or for any unlawful purpose
• in a manner that is improper use or inconsistent with these terms
• to act fraudulently or maliciously by seeking to access or add data to another patient's GP record
• 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
• in connection with any kind of denial of service attack
• 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"
• with someone else's NHS login account

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.

9. Our liability to you

9.1. Although we make reasonable efforts to provide, maintain and update the NHS Health Check online 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 NHS Health Check online:

• is accurate, complete or up-to-date
• will meet your particular requirements or needs
• will always be available, error free, uninterrupted or free of viruses

9.2. We are not responsible for external links to or from the NHS Health Check online and cannot guarantee these will always work.

9.3. Nothing in these terms excludes or limits our liability for:

• death or personal injury arising from our negligence
• fraud or fraudulent misrepresentation
• any loss or damage to a device or digital content belonging to you, if you can show that a) this was caused by NHS Health Check online and b) we failed use to use reasonable skill and care to prevent this
• any other liability that cannot be excluded or limited under English law

9.4. Subject to clause 9.3 of these terms, we will not be liable or responsible to you or any other person for:

• any harm, loss or damage suffered where this is not caused by i) our negligence or ii) our breach of these terms
• any loss or damage arising from an inability to access or use the NHS Health Check online in whole or in part
• any business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)
• any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the NHS Health Check online (loss or damage is "foreseeable" if it was an obvious consequence of our breach or if it was recognised by you and us at the time we entered into the contract created by your use of the NHS Health Check online)

9.5. This clause 9 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.

10. General

10.1. These terms, any instructions in the service, and any other terms or policies referenced, set out the entire agreement between you and us in respect of your use of the NHS Health Check online.

10.2. These terms do not give any rights to any third party to enforce any of these terms.

10.3. 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.

10.4. Even if we delay in enforcing these terms, we can still enforce them later.

10.5. The laws of England shall apply exclusively to these terms and all matters relating to use of the NHS Health Check online, and any dispute shall be subject to the exclusive jurisdiction of the courts of England.