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Terms and conditions

General definitions

This agreement delineates the terms and conditions pursuant to which My Medical Choice (hereinafter “MMC”) provides secure hosting services for the identity, contact, and medical information (hereinafter “Personal Information”) of its Members on secure servers procured from MMC’s suppliers. Such Personal Information is designated for access by emergency-services personnel by means of “Medical-Alert Items”, which encompass an assortment of products including, inter alia, wristbands, ID cards, bracelets, and necklaces, each inscribed with unique login data, either embedded, affixed to, or imprinted on said product.

A “User” is defined as an individual who has completed the registration process on the MMC website.

A “Member” is a User who has an active subscription to MMC’s services and is thereby construed to have consented to the stipulations of these terms and conditions, specifically concurring to the storage of their Personal Information in a secure database maintained by MMC, accessible to emergency-services personnel using the login data displayed on the Member’s Medical-Alert Item.

A “Donor” is either a User or Member who has submitted requisite information for inclusion in the National Blood Donor Database and is thus considered to have agreed to these terms and conditions. MMC disclaims all responsibility for any private agreements between Donor and recipient; these parties are solely accountable for conducting their respective due diligence.

“Personal Information” is the data entered by a Member into their personal account using the various MMC forms for this purpose. Personal Information includes a Member’s name, blood group, medical information, emergency-contact details, and any uploaded legal documents that are accessed by medical professionals in an emergency situation.

“The National Blood Donor Database” refers to the database of blood donors hosted on the my-medical-choice.org website that is used by potential Donors to register their blood type, UK region, post code, and phone number. Members may use said database to contact potential Donors off site using the number provided by the Donor.

“SMS Alert” refers to a text message that is triggered when emergency-services personnel log in to the MMC website over a dedicated login form to access a Member’s crucial Personal Information. Upon successful login, an SMS Alert is automatically sent to the Member’s emergency contacts informing them the Member has been involved a medical emergency.

The MMC “Service” aims to protect Members from unwanted medical interventions and medical error by granting emergency-services personnel access to crucial healthcare information in the event of a medical emergency and during the critical initial hour, by means of login data displayed on the Member’s Medical-Alert Item.

“Forum” means the MMC Member forum, which is only available to Members. The Forum is not public. It is a private online chat facility hosted by MMC that allows Members to post questions that other Members may respond to. It is intended to improve Members’ understanding of how to use the MMC Service.

MMC avers and guarantees the operation of a secure website, safeguarded through the employment of SSL (Secure Socket Layer) technology. Users may verify the security of the website by observing a padlock icon or the presence of “https://” in the location bar of their Internet browser.

Moreover, MMC declares that all Personal Information and other data provided by Users, be it via data-collection forms or uploaded legal documents, shall be regarded as confidential. Such data shall not be divulged or disseminated to third-party entities, save as necessitated by legal obligations or as essential for the delivery of the services described herein.

Data submitted by Users shall be transmitted and stored electronically in MMC’s secure database, from where it cannot be indexed by internet search engines.

Members are obliged to assume full responsibility for the security and safeguarding of their Medical-Alert Items and corresponding emergency-services login data. MMC categorically renounces any liability for the damage to, or loss, theft, or misappropriation of the aforementioned items and shall not be accountable for any consequences arising therefrom.

What members agree to

MMC Members agree to the following:

  • A Member is at least 18 years of age.
  • Members shall submit accurate and current information using the relevant forms provided for the Service on the MMC website.
  • Members shall supply a valid email address for the duration of their membership as part of their information submission for the purposes of Service-use notifications.
  • Members fail to keep their email and mobile-phone details up to date at their own risk. MMC cannot be held responsible for any consequences arising from Members’ negligence in this regard.
  • Should the Member forget their login details, it is the Member’s responsibility to reset their login details.
  • Members accept full and absolute responsibility for frequently satisfying themselves that their information remains accurate, up to date and comprehensible.
  • Members agree to the condition that the automated SMS-Alert service is for use by emergency services only and that abuse thereof by Members may result in their Subscription being suspended or cancelled.
  • MMC cannot be held liable for any consequences arising from a device not being able to access a Member’s information.
  • MMC cannot be held liable for any consequences arising from the Service not working as intended due to a Member failing to make the recommended checks to the Service and reporting any inaccuracies or discrepancies or a technical failure of any third-party product or service including our supplier’s or human error by MMC employees or our suppliers or an act of God or any other circumstances beyond our control.
  • MMC cannot be held responsible for SMS Alerts being delayed or indeed not reaching their intended destination at all.
  • MMC’s SMS provider cannot guarantee delivery to roaming handsets, and suggests that Members do not send messages to roaming phones. MMC’s SMS provider uses a specific delivery route to deliver the SMS messages to the handset, in accordance with the operator’s requirements. This delivery route may not deliver to the operator’s roaming partner in the country where the handset is roaming.
  • MMC reserve all rights over information created by and for MMC and held on the MMC website.
  • The Member has full responsibility for – and MMC recommends – keeping their data safe and making hard copies of their ADN, LPA, and list of trusted Donors in the event the Member is unable to access their MMC account.
  • Should the Member lose their Medical-Alert Items – or suspect their Personal Information has been accessed by an unauthorised person – it is the Member’s responsibility to change their Passcode using the corresponding form on the MMC website and re-order their Medical-Alert Items accordingly.
  • Members agree that their use of the National Blood Donor Database is entirely at their own risk and that any Members using said database must perform their own due diligence when assessing the suitability of a blood donor for a potential transfusion. MMC accepts no liability for inaccurate data supplied by Donors or any consequences arising from the inaccuracy of said data.
  • Members agree that when participating in the Forum, they respect the opinions of others, use common decency, and understand that swearing and bad language are strictly prohibited.
  • Members agree that failure to exhibit proper behaviour on the Forum may result in administrative action being taken, including restricting or preventing further participation in the Forum.

What MMC agrees to

  • MMC agrees to act responsibly with regard to the Member’s data stored on MMC’s database and not to share it with any third party.
  • MMC agrees to only use functional cookies to improve Members’ experience of using the Service.
  • MMC agrees to provide up to a maximum of 6 automated SMS Alerts as part of the during the 12-month contracted term of Member’s Subscription. SMS Alerts are triggered by emergency-services login to the Member’s medical information and sent to the Member’s emergency contacts.
  • MMC agrees to the terms of the UK Information Commissioners Office (ICO) regarding the General Data Protection Act.
  • MMC agrees to investigate any problem, issue, outage, error or failure of the Service on the Member’s behalf.
  • MMC will endeavour to notify Members of any major service outage that we are made aware of by any of our suppliers whether planned or unplanned via the email and/or mobile-phone number held in the Members’ account.

About this agreement

MMC reserves the right to change these terms and conditions at any time, without notice. Any changes will take effect when posted on this website (www.my-medical-choice.org or my-medical-choice.org) or any on subdomains thereof. By agreeing to these terms and conditions for using the MMC service through this website, the Member agrees to be bound by them. These terms and conditions do not affect the Member’s statutory rights.

Links to other websites

The MMC website may contain links to other websites. Unless expressly stated, linked-to websites are not under the control of MMC or its affiliates. MMC assumes no responsibility for the content of such websites and disclaims liability for any and all forms of loss or damage arising from the use thereof. The inclusion of a link to another website from the MMC website does not imply any endorsement of said website or those in control thereof.

Links to the MMC website

Those wishing to place a link to the MMC website on other websites may do so only to: the home page, FAQs page, and blog of the MMC website (www.my-medical-choice.org), and without prior permission.

Privacy

For the purposes of applicable data-protection legislation, MMC will process any personal data Users have provided to it in accordance with the Privacy Policy page on the MMC website or upon request from MMC.

Members agree that they will only upload personal data relating to a third party once all necessary appropriate consents and notices to enable lawful transfer of such personal data are in place. Members agree to indemnify MMC in relation to all and any liabilities, penalties, fines, awards or costs arising from their non-compliance with these requirements.

Disclaimers

MMC makes no warranty or representation that the MMC website will meet Members’ requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. MMC makes no guarantee of any specific results from the use of its Service.

No part of the MMC website is intended to constitute legal or medical advice and the content thereof should not be relied upon when making any decisions or taking any action of any kind.

Availability of the MMC wesbite

The Service is provided “as is” and on an “as available” basis. MMC gives no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, MMC provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

MMC accepts no liability for any disruption to or non-availability of the MMC website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications-network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of liability

To the maximum extent permitted by law, MMC accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the MMC website or any information contained therein. Parties to these terms and conditions should be aware that they use the MMC website and its content at their own risk.

Nothing in these terms and conditions excludes or restricts MMC’s liability for death or personal injury resulting from any negligence or fraud on the part of MMC. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No waiver

In the event that any party to these terms and conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

General conditions

The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Parties to these terms and conditions rely on the material on this website at their own risk. Furthermore, the material on this website does not constitute legal or medical advice. MMC provides the tools to enable Members to engage the services provided on its website. MMC takes no responsibility for how said tools are employed. MMC advises that Members do not deviate from the suggested protocols in the MMC User Guide and bear no responsibility should they choose to ignore said guidance.

The MMC website may contain certain historical information and is provided for reference only. MMC reserves the right to modify the contents of this website at any time, but has no obligation to update any information on this website. Members agree that it is their responsibility to monitor changes to its site.

Modifications to the Service and prices

Prices for MMC services are subject to change without notice.

MMC reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

MMC shall not be liable to Members or to any third party for any modification, price change, suspension or discontinuance of the Service.

Optional tools

MMC may provide Members with access to third-party services and products which it neither monitors nor controls.

Members acknowledge and agree that MMC provides access to and references such services and products “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. MMC shall have no liability whatsoever arising from or relating to Members’ use of optional third-party services and products.

Any use by Members of optional services and products referenced through the MMC website is entirely at Members’ own risk and discretion. Members should ensure that they are familiar with and approve of the terms on which services and products are provided by the relevant third-party provider(s).

Any new features and/or services added to the site shall also be subject to these terms and conditions.

Prohibited uses

All parties to these terms and conditions are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. MMC reserves the right to terminate a Member’s or Donor’s use of the Service or any related website for violating any of the prohibited uses.

Law and jurisdiction

These terms and conditions are governed by and construed in accordance with the law of England and Wales, and all parties to said terms and conditions agree to submit to the exclusive jurisdiction of the Courts of England and Wales.