MyCare.scot terms of use

  1. Introduction

    1. We (NHS Education for Scotland (“NES”)) have developed the MyCare.scot service so that you can access certain Scottish National Health Service, Social Work and Social Care Services using a web browser.
    2. MyCare.scot enables you to access various healthcare services. These services are either classed as:
      • "Core Services" because MyCare.scot has a direct role in the delivery of the service; or
      • "Platform Services" because logging in to MyCare.scot lets you access the service, but the service itself is provided separately.
    3. You may also be able to access these services without using MyCare.scot and nothing in these terms will affect such access.
    4. Contacting us

      To find out more about who we (NES) are and our role, please visit our website.

      If you want to learn more about MyCare.scot, you think there are any faults within MyCare.scot or you wish to contact us for any other reason, please visit our help and support page, where you can find FAQs and how to contact us.

    5. How we will communicate with you

      If we need to contact you specifically we will do so by email, SMS or telephone call using the contact details you have provided.

      Depending on your Health Board of residence, and initially appointment to specific secondary care specialities, you may also be able to send or receive messages in MyCare.scot.

      See further details in Clause 6.

  2. When these terms apply

    1. Please read these terms and conditions and our privacy policy, cookies policy and any other separate terms of use, privacy policies or cookies policies that apply to Platform Services accessed via MyCare.scot before logging in. By registering for and continuing to use MyCare.scot, you agree to be bound by these terms.
    2. We may require, at any time and at our sole discretion, to amend these terms. The latest version of our terms will be accessible through the MyCare.scot website, and we will inform you via the MyCare.scot website and request your continued agreement if we make any significant changes to these terms.

  3. How to register to use MyCare.scot

    1. It is free to register for and use MyCare.scot. To use MyCare.scot and to enable us to securely uniquely identify your data, you must be registered with a GP surgery in Scotland.
    2. If you access or attempt to access MyCare.scot from outside Scotland:
      • we cannot guarantee you will be able to access MyCare.scot or that it will function correctly
      • you are responsible for complying with any local laws that apply to you in the country from which you are using MyCare.scot.
    3. You must have (or create) a ScotAccount account and verify your identity using the ScotAccount authentication platform in order to access and use MyCare.scot. The ScotAccount account and its authentication platform are separate from MyCare.scot and operated by the Scottish Government. Find out more about how to prove who you are to get full access to MyCare.scot. We do not accept any responsibility for any third-party website, third-party applications or platforms. Your use of your ScotAccount account will continue to be governed by the ScotAccount terms and conditions and associated policies. Please visit the ScotAccount website for further information regarding your use of ScotAccount.
    4. By registering for and using MyCare.scot, you agree that (a) information about you that is stored by Scottish Government in connection with your ScotAccount (i.e. personal information such as name, address and date of birth) is shared by Scottish Government with MyCare.scot; and (b) that NES will use this information to undertake an automated Community Health Index (CHI) matching process (a process by which your personal details, held in connection with your ScotAccount, are used to locate and link to your unique CHI number), so that your personal health records can be securely located for use within MyCare.scot.
    5. In order to use MyCare.scot you must be aged 16 years or older. Other healthcare providers or health boards may also apply additional age limits to certain services.
    6. MyCare.scot is not a medical device and so is not regulated by the Medicines and Health Regulatory Agency (MHRA). Certain Core Services or Platform Services may be classified as medical devices in the future, and should this occur it will be made clear to you when you access the relevant service.

  4. Accessing MyCare.scot

    1. You are responsible for making all arrangements necessary for you to access MyCare.scot, including but not limited to:
      • a secure internet connection (see Cyber Aware website);
      • an appropriate device, operating system and browser that meet our minimum requirements found on our help and support page; and
      • using your own virus protection software (and regularly updating it).
    2. MyCare.scot is only intended to be used by you. If you permit any other person to use your account, you:
      • do so entirely at your own risk;
      • are responsible for their access and use of MyCare.scot as if it were your access and use; and
      • must make sure such persons are aware of these terms and comply with them.
    3. If you know or suspect that anyone other than you knows your user identification code or password to your ScotAccount account, please refer to the ScotAccount website for further information and support.

  5. Updates to MyCare.scot

    1. From time to time we may automatically update MyCare.scot to improve performance, enhance functionality, reflect changes to the operating system, or address security issues.

  6. Details about the Services

    1. The following services may be available to you through MyCare.scot. Not all services and features are available to all users. This depends on where you live and the services and systems your health board has implemented (generally and for you specifically).

      Core Services (MyCare.scot has a direct role in the delivery of the service)

      Please see the privacy policy and further information (where detailed) for more details of these services and how they use your data.

      Names of Core Services with functionality and further information
      Service Functionality For further information, see:
      MyCare.scot Messaging Service Receive updates relating to the MyCare.scot services available within it, and public health announcements. Enables you to receive notifications if you are a MyCare.scot user. privacy policy
      Service Finder Trusted NHS information on hundreds of Scottish Health and Social Care services About NHS 24 | NHS 24
      Personal health record View parts of your GP or hospital medical records privacy policy
      Appointments Viewing Links to the Manage Your Referral service and personal health record service used by your healthcare provider or hospital so you can view summaries of your hospital appointments Your healthcare provider or hospital, Manage Your Appointments, Personal health record services
      Platform Services (MyCare.scot allows you to access the trusted service, but the service is provided outside MyCare.scot)

      Please see the terms and conditions and privacy policies listed for more details of how these services work, terms applicable to your use and how these services use your data.

      Names of Platform Services with functionality and further information
      Service (and Service Provider) Functionality Terms and conditions and privacy policy
      ScotAccount (Scottish Government) Public services platform that provides Identity services to MyCare.scot, including registration, verification and login

      ScotAccount Terms of Use

      ScotAccount Privacy Notice

      Using the services

    2. You must not rely on MyCare.scot as the sole means by which you (or those for whom you have any proxy access arrangements) continue to receive care from your doctor or other healthcare professional. You should ensure you have another way of contacting your healthcare provider other than via MyCare.scot.
    3. If you download, print or export any of your health or medical record data, you are responsible for ensuring that such data is held securely, and we will not be liable for any associated disclosure of sensitive or personal data.
    4. In order for you to receive the intended benefits of MyCare.scot and services accessed, you must ensure that all data provided by you is complete and accurate.
    5. Your GP health records are created and kept up-to-date by your GP and remain under your GP's control. Your GP surgery may choose to only authorise access via MyCare.scot to key facts, such as your key medications and allergies etc, and not your full detailed medical records. We do not hold or have access to your GP records, and are unable to add to or modify them or provide hard copies.
    6. If you are sharing information on MyCare.scot with a healthcare professional, you should make them aware that the information accessible (including any professional reference material) may not show your complete medical records and is intended to support, not replace, the healthcare professional's knowledge, experience and judgement.
    7. MyCare.scot and services within it:
      • are not a substitute for seeking medical advice. Always follow any medical advice given by your healthcare professionals;
      • are provided for information purposes including, to assist you to manage any conditions and treatments that you might require under the supervision and care of a healthcare professional;
      • do not provide medical or clinical diagnostic services;
      • are not intended to be prescriptive or authoritative in respect of a diagnosis, condition or treatment, and are not intended to provide information on which you should solely rely; and
      • reflect current knowledge and practice in the NHS in Scotland. However, medical knowledge and practice is constantly evolving and as such they may not reflect the latest knowledge or practice.
    8. Please note your GP or other healthcare professionals remain ultimately responsible for your health and wellbeing (including but not limited to any diagnosis or other healthcare advice). If you have any questions about your medical records or other health-related information made available via MyCare.scot, you should contact your GP or other healthcare professional directly, or call NHS 24 by dialling 111 from any landline or mobile phone free of charge.
    9. We are not responsible for any delay or lack of response by your healthcare provider to any contact you make through MyCare.scot.
    10. Certain Core Services and Platform Services may enable you to use them in respect of your child or someone you care for. Access to specific information about such person is controlled by your GP and is subject to such requirements and conditions as your GP surgery may decide.
    11. If you use Core Services or Platform Services in respect of your child or someone you care for these terms and any other applicable terms and conditions still apply to your use, and you:
      • must not share your user identification code or password with anyone else, including the person you are accessing services on behalf of;
      • are responsible for service access and use of MyCare.scot as if it were your access and use, including being responsible for compliance with these terms and any other applicable terms and conditions in respect of your access; and
      • must, to the extent possible bearing in mind their age, condition and capacity, make the person you are accessing services on behalf of aware of: (i) your access and any steps you take on their behalf, and (ii) these terms and other applicable terms and conditions.
    12. Where we have assessed it to be useful to MyCare.scot users, we may include links to national health and care websites that are not integrated with MyCare.scot. We do not monitor the content of such websites. Any link provided in MyCare.scot is solely for your convenience. We do not accept any responsibility for any third-party website or third-party applications.

  7. Ending your use of MyCare.scot

    1. You may stop using MyCare.scot at any time. If you wish to cancel your account, you should contact us via the help and support page.
    2. If you breach any of these terms we may prevent you from accessing MyCare.scot and suspend your access. We will notify you of this. If what you have done can be put right, we will give you a reasonable opportunity to do so.
    3. If your access to MyCare.scot or your ScotAccount account is cancelled:
      • your access to the MyCare.scot will stop.
      • any personal data we hold about you will be dealt with in accordance with our data retention policy, which is set out in our privacy policy
      • all rights granted to you under these terms shall automatically cease without further notice (although your statutory rights - for example in respect of data protection as described in the privacy policy- are not affected)

  8. Your right to use MyCare.scot

    1. We own or have the right to use all intellectual property rights used for the provision of MyCare.scot, including rights in copyright, patents, database rights, trademarks and other intellectual property rights ("NHS IPR").
    2. You have permission to use MyCare.scot for the sole purposes described in these terms. You need written permission from us or any other owner of NHS IPR to use these items in any other way.
    3. Unless permitted by law or under these terms, you will:
      • not copy MyCare.scot or any NHS IPR except where such copying is incidental to normal use;
      • not rent, lease, sub-license, loan, translate, merge, adapt or modify MyCare.scot or any NHS IPR;
      • not combine or incorporate your (or any other) account in any other programmes or services;
      • not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of MyCare.scot or other any NHS IPR; and
      • comply with all technology control or export laws that apply to the technology used by MyCare.scot or other any NHS IPR

  9. Prohibited uses

    1. You may not use MyCare.scot:
      • 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 hacking into MyCare.scot;
      • 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; or
      • 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"
      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.

  10. Our liability to you

    1. Although we make reasonable efforts to provide, maintain and update MyCare.scot 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 MyCare.scot or any particular services you access through MyCare.scot (a) are accurate, complete or up-to-date; (b) will meet your particular requirements or needs; or (c) will always be available, error free, uninterrupted or free of viruses.
    2. We are not responsible for external links to or from MyCare.scot and cannot guarantee these will always work. We are not responsible for Platform Services provided through MyCare.scot. Services provided by third parties will have an agreement with NES and undertake an integration process, but this does not mean that such services have been endorsed by NES. We are not responsible for the operation of, or services provided by, ScotAccount.
    3. Nothing in these terms excludes or limits our liability for:
      1. death or personal injury arising from our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any other liability that cannot be excluded or limited under Scots law.
    4. Subject to Clause 10.3 of these terms, we will not be liable or responsible to you or any person you use MyCare.scot on behalf of for:
      • any harm, loss or damage suffered where this is not caused by i) our negligence (for instance, if a healthcare professional makes a misdiagnosis of your condition, or prescribes the wrong medication, or you make any independent decisions based on the information provided in MyCare.scot we would not be liable); or ii) our breach of these terms;
      • any loss or damage arising from an inability to access and/or use MyCare.scot 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); or
      • any indirect or consequential losses that were not foreseeable to both you and us when you commenced using MyCare.scot (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 MyCare.scot)
    5. As Platform Services and ScotAccount are also governed by separate terms and conditions you should also read the limits of liability described in those terms and conditions.

  11. General

    1. These terms, and any other terms or policies referenced, set out the entire agreement between you and us in respect of your use of MyCare.scot.
    2. These terms do not give any rights to any third party to enforce any of these terms.
    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.
    4. Even if we delay in enforcing these terms we can still enforce them later.
    5. The laws of Scotland shall apply exclusively to these terms and all matters relating to use of MyCare.scot, and any dispute shall be subject to the exclusive jurisdiction of the courts of Scotland.

  12. Previous versions

    The terms of use may change from time to time. We will inform you via MyCare.scot and request your continued agreement if we make any significant changes to our privacy policy, cookies policy or terms of use.