Terms and Conditions – My Medicash App

‘MY MEDICASH’ TERMS AND CONDITIONS (“POLICY”)

‘My Medicash’ (the App) is an online service accessed via smart devices that provides users (you) with a convenient way to get the best out of your Medicash health cash plan including the ability to submit claims.

We understand that providing information online involves a great deal of trust on your part. We take this trust very seriously, and make it a high priority to ensure the security and confidentiality of the personal information you provide to us when you utilise the App.

By accessing the App and utilising our services, you acknowledge that you have read and understood this Policy, the information collection and handling practices outlined in it and our Privacy Policy.

This Policy describes in detail our practices regarding the use of the App, its data security, data collection, use and disclosure of information about you.

YOUR ATTENTION IS PARTICULARLY DRAWN TO CONDITION 7 & 9.

1. About Us

1.1 The App is owned and operated by Medicash Health Benefits Limited (Medicash, us, we or our) whose registered office is at One Derby Square, Liverpool L2 1AB. We are a company limited by guarantee, registered in England (number 258025). Medicash is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

1.2 If you need any information about the App or this Policy please contact us by one of the methods shown below:

Email: [email protected]
Telephone: +44 151 702 0265

2. Your Account

2.1 If you use the App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your smart device to prevent unauthorised access to your account. You accept responsibility for all activities that occur under your account. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

2.2 Medicash reserves the right to refuse access to the App, terminate accounts, remove or edit content at our discretion.

3. Access to the App

3.1 Medicash shall use reasonable endeavours to ensure that the App will be available uninterrupted and that transmissions will be error-free in each case during the hours of 8am to 10pm during Business Days (days which are not weekends and are not bank holidays in England and Wales), however, due to the nature of the internet, Medicash cannot guarantee this. Your access to the App may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.

3.2 Medicash reserves the right to suspend or withdraw the whole or any part of the App at any time without notice and without incurring any liability whether in contract, tort (including negligence), breach of statutory duty or otherwise.

4. Limited Licence

4.1 All information, content, software, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (the Materials), contained in the App are protected by copyright, trademark, database right, and other intellectual property laws, under national laws and international treaties and are the property of Medicash or its licensors.

4.2 Subject to your compliance with this Policy, Medicash grants you a limited, non-transferable, non-exclusive licence to access and make use of the App to support your Medicash policy.

4.3 Medicash reserves the right to suspend and/or terminate your licence to access the App at any time.

4.4 Any other use of the Materials on the App, other than as permitted by condition 4.2, including without limitation, any form of copying or reproduction, modification, distribution, re-publication, extraction, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written consent of Medicash, is strictly prohibited and is in violation of the legal and other propriety rights of Medicash and/or its licensors.

5. Acceptable Use of the App

5.1 You shall not and shall not attempt to:
(a) use the App in any way that causes, or is likely to cause, access to it to be interrupted, damaged or impaired in any way;
(b) use the App to upload any materials or to engage in activities which:
(i) infringe the proprietary or intellectual property rights of Medicash and/or its licensors and/or third parties;
(ii) compromise the privacy of others;
(iii) are immoral, illegal or advocating of illegal activity;
(iv) destroy the integrity of any data or other computer based information;
(v) violate local, state, or national laws of any country; or
(vi) impersonate another person;
(c) knowingly or recklessly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(d) gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App; or
(e) attack the App via a denial-of-service attack or a distributed denial-of service attack.

5.2 Breach of this condition 5 may be a criminal offence under the Computer Misuse Act 1990. The licence at condition 4.2 shall cease immediately upon breach of this condition 5.

6. Disclaimers

6.1 Medicash makes no representations, warranties or undertakings that the App, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements.

6.2 Subject to condition 7.3, Medicash excludes liability whether in contract, tort (including negligence), breach of statutory duty or otherwise, for loss or damage caused by any distributed denial-of-service attack, infection by computer virus or other technologically harmful material which may infect your computer equipment, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Medicash, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of the App. You agree that you are responsible for installing and using up-to-date anti-virus and internet security software on all smart devices which you use to access the App to protect your smart device and data from any of such loss or damage.

6.3 Medicash makes no representations, warranties or undertakings about any content of or information on any other website referred to or accessed by hypertext link through the App or from which the App is referred to or accessed by hypertext link (third party site). Medicash does not endorse or approve the content of any third party site, nor will Medicash have any liability whether in contract, tort (including negligence), breach of statutory duty or otherwise in connection with any third party site (including but not limited to liability whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity or for any loss or damage arising from your use of any third party site). No representation, warranty or undertaking is made with respect to the accuracy, timeliness or suitability of the content or services of any third party site, and any and all liability which might arise out of, or in connection with, your use or reliance on the services, content of or information on, or the performance of, any third party site is excluded. Medicash does not represent or guarantee that the controller of any third party site respects your privacy in the same manner as Medicash.

7. Limitation of Liability

7.1 Subject to condition 7.3, to the fullest extent permitted by applicable law, neither Medicash nor any of its directors, employees, affiliates or other representatives, nor the providers of telecommunications and network services to Medicash will be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials and/or facilities offered through the App, including, but not limited to, indirect or consequential loss or damages, loss of data, income, revenue, profit or opportunity, loss of savings or anticipated savings, loss of or damage to property and claims of third parties, or wasted office or management time.

7.2 Subject to condition 7.1 and condition 7.3, in no event shall the liability whether arising in contract, tort (including negligence), breach of statutory duty or otherwise of Medicash to you for any other losses in connection with your use of the App exceed £500.00 (sterling).

7.3 Medicash does not limit in any way its liability by law for death or personal injury caused from its negligence nor its liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

8. Amendments to the Policy

8.1 We reserve the right to make changes to this Policy at any time.

8.2 We will note the date that revisions were last made to this Policy at the bottom of this page, and any revisions will take effect upon posting.

8.3 We will notify our members of material changes to this Policy by either sending a notice to the email address you provided to us or by placing a notice on the App. We encourage you to check this Policy from time to time to review the most current version.

8.4 You will be subject to the Policy in force at the time that you use the App unless any change to these conditions is required to be made by law or government authority (in which case it will apply retrospectively).

9. Security

9.1 User data security
(a) Transport security – Medicash enforces TLS for all communications over public network. The App uses recognised certificates to establish a trust between your smart device and the App servers.
(b) At rest security – 100% of the App user data is encrypted at rest using strong cryptography. The App and its associated servers do not hold a sufficient amount of specific details about you that could be used to identify you as an individual.
(c) User data isolation – Each individual user’s data set is isolated with multi-level permission checks. Every call for data access within the App requires the validation of your account which encompasses a tamperproof design.

9.2 User credentials
(a) User credentials are required to access users’ data. Credentials are encrypted using a unique key and a token held on the end user device, therefore the credentials can only be unlocked by the collaboration of both the server and the App at runtime from the registered device.

9.3 Mobile device security
(a) The App makes full advantage of end device security design. In order to maximise data protection users should choose a numeric passcode of 4 characters or by enabling the devices biometric features such as Touch ID, Face ID or fingerprint sensor.

10. General

10.1 Nothing in this Policy shall confer any right or benefit upon any person who is not a party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise but this does not affect any right or remedy of a third party which exists, or is available, apart from the Contracts (Rights of Third Parties) Act 1999.

10.2 This Policy constitutes the entire agreement and understanding of the parties and supersedes any previous agreements between the parties relating to the same subject matter. Each of the parties agrees that it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person other than as expressly set out in this Policy, including any terms implied for business efficacy, by statute or through custom, usage or a course of dealing. Nothing in this condition will operate to limit or exclude any liability for fraud.

10.3 If any provision of this Policy (or part of a provision) is found by any court or administrative body of competent jurisdiction to be unenforceable or void the other provisions shall remain in force. If any unenforceable provision would be enforceable if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

10.4 A waiver of any right under this Policy is only effective if it is in writing and signed by the waiving party, and it applies only to the person to whom the waiver is addressed and the circumstances for which it is given. Any failure by either party to enforce at any time and for any period any one or more of the terms of, or rights arising pursuant to this Policy shall not be a waiver of such terms or rights, or of the right at any time subsequently to enforce all the terms of, and rights arising under, this Policy.

10.5 Nothing in this Policy is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute one party the agent of the other party, nor authorise any party to make or enter into any commitments for or on behalf of the other party.

10.6 You are not permitted to assign, transfer, mortgage, charge, subcontract or deal in any other manner with any of your rights and obligations under this Policy without the prior written consent of Medicash (such consent not to be unreasonably withheld or delayed). Medicash may assign, transfer, mortgage, charge, subcontract or deal in any other manner with any of its rights and obligations under this Policy without your prior written consent.

10.7 This Policy shall be governed by the laws of England and Wales and any dispute arising out of it shall be subject to the exclusive jurisdiction of the English Courts.

This policy was last updated on 1st November 2018.