Bupa Blua Health App legal and privacy information

Terms of Service – Bupa Blua Health – Digital GP Services

Bupa Insurance Services Limited ("Bupa" , "we" , "us" or "our") have partnered with Babylon to create Bupa Blua Health - Digital GP Services in the form of a mobile application ("App") and website-portal ("Website") designed to provide you with access to clinical tools and services through video and audio consultations with qualified clinical professionals.

These Terms of Service ("Terms") apply to your access to and use of the Bupa Blua Health - Digital GP Services. The "Digital GP Services" includes the App, Website, clinical services and digital health tools (as further described below).

These Terms are an agreement between you and Bupa, an English company with its registered office at 1 Angel Court, London, United Kingdom, EC2R 7HJ with company registration number 382985. These Terms are governed by the laws of England and Wales.

Video and audio consultations are provided by Babylon Healthcare Services Limited (company registration number 09229684), and the digital health tools are provided by Babylon Partners Limited (company registration number 08493276) (collectively "Babylon"). Babylon's registered office is at One Knightsbridge Green, London SW1X 7QA. Although these parts of the Digital GP Services are provided by Babylon in partnership with Bupa, we remain responsible to you for those Digital GP Services provided.

You must accept these Terms to create a Digital GP Services account and to access or use the Digital GP Services. If you do not have an account, you accept these Terms by using any part of the Digital GP Services. If you do not accept these Terms, do not create an account or access or use the Digital GP Services.

Please note the Terms may be amended from time to time and we will notify you of this by providing you with notice via a notification in the App and by posting the revised Terms in the App and on the Website. Your continued access to and use of the Digital GP Services shall constitute your acceptance of the change(s).

What the Digital GP Services are intended to offer

The Digital GP Services are intended to provide health and wellbeing support and treatment and are made up off three categories:

1. Clinical services

These are video and audio consultations, where you can talk with registered clinical professionals. This includes people like doctors, advanced nurse practitioners, physiotherapists, mental health nurses and pharmacists. Throughout these Terms, we've called them practitioners.

These practitioners might give you a diagnosis, recommendation, or treatment. They may also prescribe medication to you or refer you to someone else for onward care and treatment.

2. Digital health tools

These are services, powered by Babylon, that help to engage you in your personal health and wellbeing, promote healthy living and give you health and lifestyle information, easily accessible through our App and Website.

The digital health tools are for information purposes only. They are not designed to diagnose or provide medical advice or treatment. They should never be used as a replacement for a qualified medical professional. Don't use any of the digital health tools in an emergency. Instead, call 999 or the emergency services immediately.

Symptom Checker

A chat-based tool where you can enter symptoms and get general information on possible next steps.

Symptom Checker (also known as Triage) is registered with the Medicines & Healthcare Products Regulatory Agency (registration number 7139) and CE marked as a Class I medical device in the United Kingdom. For further information, including full details of their intended use, see: https://www.babylonhealth.com/en-gb/regulatory/triage. You must use the digital health tools in accordance with their intended use only. For example, Symptom Checker is not intended for use in an emergency or during pregnancy.

3. Health and Wellbeing Content

The service provides easy access to health and wellbeing content curated by Bupa and Babylon health experts, for example: Bupa Mental Health Hub and Bupa Menopause Support Hub.

This health and wellbeing content is intended for information purposes only. The content is not designed to diagnose or provide medical advice or treatment. The content should never be used as a replacement for a qualified medical professional.

Eligibility for the Digital GP Services

You can access the Digital GP Services via the App or Website if:

• You are the main member or dependant covered under a Bupa insurance policy which includes Digital GP Services as a benefit; or
• You are the main beneficiary or dependant covered under a Bupa health trust scheme which includes Digital GP Services as a benefit; or
• Digital GP Services are offered to you by your employer even if you're not covered under a Bupa insurance policy or Bupa health trust scheme; or
• Digital GP Services are offered to you as part of your membership of an organisation that we have an arrangement with to provide for this, even if you're not covered under a Bupa insurance policy or Bupa health trust scheme.

In order to access the Digital GP Services, you must meet one of the eligibility criteria set out above and be resident in the UK, (consisting of Great Britain, Northern Ireland, Channel Islands or Isle of Man).
You may not permit any other person to use the Digital GP Services, and you may not use the Digital GP Services on any other person s behalf, except where a main member, main beneficiary or dependant covered under a Bupa insurance policy or health trust scheme is under 16 and you are their parent or other legal guardian.

Important information about the digital health tools

The digital health tools are for information only. They are not designed to diagnose or provide medical advice or treatment. They should never be used as a replacement for a qualified medical professional. Don t use any of these digital health tools in an emergency. Instead, call 999 or the emergency services immediately.

They are there to give you information relating to your general wellness or health and to let you know about potential causes, risks and possible next steps. They're not designed to be used instead of a healthcare professional. If you feel that you may have a potentially urgent or serious physical or mental health issue which is new or existing, then please do not wait - please seek medical advice immediately.

You should always talk to a qualified healthcare professional if you have questions about your health or a medical condition, and before you make any decisions about your health. You should not disregard the advice of healthcare professionals you have seen in favour of information provided through the digital health tools. In particular, you should never stop taking any medications or receiving surgical or medical services or diagnostic tests prescribed or recommended to you by a healthcare professional based solely on the information provided through digital health tools.

We'll let you know about restrictions on the intended use of the digital health tools in these Terms or the App or Website, but additional rules or restrictions may apply from time to time.

What we need from you

We need to receive some personal information from or about you (such as your name, contact details and information about your health) so that we can give you the best version of the Digital GP Services. To find out more about how we use this information and how we protect your privacy, see our Privacy Notice.

The information you give us through the Digital GP Services must be accurate and in English. We need you to let us know if any of the information we hold about you is wrong or out of date.

You must not create duplicate accounts or register more than once to use the Digital GP Services. This ensures that we and Babylon can keep an accurate record of your use of the Digital GP Services and any advice the practitioners have given you. When booking an appointment, you may choose to upload a photo if there's something you want to show your practitioner. Do not upload any photos of an intimate area of any adult's or child's body (such as genitals, anus, bottom or breasts). Do your best to describe the issue in writing. You can then discuss it with your practitioner in more detail during your consultation.

You must not use the Digital GP Services in any way that we or Babylon reasonably consider to be excessive and/or outside the scope of normal patient use. This includes cancellations at short notice and non-attendance of appointments.

Clinical services

The practitioners are based in the UK. They're members of the appropriate regulatory body (for example, doctors are members of the General Medical Council). They're committed to clinical best practice and any related standards. The practitioners might have different opinions on some medical conditions or symptoms. This doesn't mean that the clinical services are at fault, it's normal for experts to have different views from time to time.

There are some medical conditions that we won't be able to help you with in a video or phone consultation.

Your consultation

We'll try to offer you a range of options for the time and date of your consultation, but we cant promise to offer consultations in a specific timeframe, or that a specific practitioner will be available at a particular time. We record the audio of all consultations to make sure you receive the very best service. To find out more about how we use this information and how we protect your privacy, see our Privacy Notice.

If you don't think you've been able to clearly share your medical needs during a consultation, you should speak to a practitioner in person. If you're worried about any advice you've received, then you should book another appointment to discuss this.

Consultations with practitioners shouldn't replace consultations with your regular NHS GP. You should talk to your regular GP about any information you get from us. You should contact emergency services or arrange follow-on care if a practitioner recommends it.

What we need if you use the clinical services

• Follow any instructions practitioners give to you
• Follow any instructions practitioners give to you about how to use medicines or healthcare products practitioners recommend or prescribe. This includes use-by dates
• Keep any medicines practitioners prescribe to you secure and don't allow anyone other than the patient named on the prescription to use them
• Only use the clinical services for yourself unless you're seeking advice for a child of whom you're the parent or legal guardian and who is registered to your account (see Dependants section below)
• Tell a practitioner or your GP if you have any bad or unexpected effects from anything Babylon recommended to you. Don't report these in the App
• Contact emergency services if you think it's necessary

We're here to help, but if we think that you're using the clinical services too much, we'll speak to you about it. We don't tolerate any abuse, aggressive or offensive behaviour towards any Bupa or Babylon employees or to any practitioners. If we think that this is happening, then we or Babylon may end your consultation, cancel or suspend your account, refuse to provide you with future consultations and/or take any other appropriate action (including, if applicable, reporting the incident to the police).

Prescriptions and Medicines

In the UK, practitioners are able to prescribe medicines without face-to-face meetings.

Practitioners follow national evidence-based guidance, such as the National Institute of Clinical Excellence (NICE). They meet Care Quality Commission (CQC) standards.

Read more at the National Institute of Clinical Excellence website and on the Care Quality Commission website. Practitioners can't prescribe controlled drugs and have strict limits on high-risk medicines. They may refuse to prescribe to you if they think it's not safe or legal to do so. Also, we can’t issue repeat prescriptions, which can only be obtained through your regular NHS GP.

Babylon partners with an independent third party pharmacy that may, if you choose, provide and deliver your medicines to your home. Neither we nor Babylon take responsibility for any acts or mistakes or its partner pharmacy or any other pharmacy you may use.

Prescription Charges

You need to pay the relevant pharmacy for your prescriptions. The price is set by the pharmacy and isn't part of your Digital GP benefit or otherwise funded by Bupa. You don't have to use any particular pharmacy

Collection and delivery of prescription

You can choose to have your medicine delivered to your home, or you can pick it up from a pharmacy near you. We can't accept returns or give refunds on medicines.

By choosing home delivery, you agree to the terms and conditions of the relevant partner pharmacy.

If you choose the home delivery service, there is an additional cost which you will need to pay in accordance with instructions which will be provided to you.

If you have any questions about the delivery of your prescription, please visit our support pages.

Dependants

Where your access to the Digital GP Services is through a Bupa insurance policy or Bupa health trust scheme, you can book appointments for main members, main beneficiaries or dependents under the age of 16, provided they are covered as a main member or main beneficiary or dependant under a Bupa insurance policy or Bupa health trust scheme.

Where applicable, consultations booked for main members, main beneficiaries or dependents under the age of 16 must be booked as a video consultation, and both the child and their responsible adult should be present at the time of the consultation. Some of the Digital GP Services have age-specific features, including some not being suitable for use by children under 16, but we will let you know about this in the App.

Where applicable, where a dependent over the age of 16 is not deemed to have adequate competency to consent to medical treatment, you should either use the Digital GP Services on their behalf or supervise their use of the Digital GP Services at all times.

Where applicable, If you're over the age of 16 you can use the Digital GP Services by opening your own account with us provided you are covered as a main member, main beneficiary or dependent or if access is provided to you by your employer.

Licence to use the Digital GP Services

We, or our licensors (including Babylon), own copyright, trademarks and other intellectual property rights in relation to the Digital GP Services and the materials and content provided through, or in relation to the Digital GP Services.

We license you to use the App and Website, including any materials or content you receive through, or in relation to the Digital GP Services, only in accordance with these Terms. Notwithstanding anything else in these Terms we do not transfer copyright, trademarks and other intellectual property rights in relation to the Digital GP Services and the materials and content provided through, or in relation to, the Digital GP Services to you

You may not:

• Reproduce the App or Website (or any other part of the Digital GP Services) other than when downloaded and viewed on a single CPU for private use only. Any other storage, copying, transmission or distribution of the content of the Digital GP Services is prohibited without our consent;
• Use the Digital GP Services for commercial purposes or any improper, illegitimate or unlawful purpose (e.g. installing any virus or malware);
• Rent, lease, sub-license, loan, provide, or otherwise make available, the Digital GP Services (or any content or materials you receive through, or in relation to, the Digital GP Services) in any form, in whole or in part to any person. This includes allowing others to use the Digital GP Services as though they were you
• Make copies of the App or Website (or any other part of the Digital GP Services), (or any content or materials you receive through, or in relation to, the Digital GP Services) except as part of the normal use of the Digital GP Services
• Translate, merge, adapt, vary, alter or modify, the whole or any part of the Digital GP Services (or any content or materials you receive through, or in relation to, the Digital GP Services), nor permit the Digital GP Services (or any content or materials you receive through, or in relation to, the Digital GP Services), or any part of them, to be combined with, or become incorporated in, any other programs, except as necessary for the normal use of the Digital GP Services; or
• Disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Digital GP Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited by these Terms because they are necessary to decompile the Digital GP Services to obtain the information necessary to create an independent program that can be operated with the Digital GP Services or with another program.

If you breach any of these Terms, we may suspend your access to the Digital GP Services or cancel your account. We use anti-virus measures within our App and Website, but we can't promise that the Digital GP Services will always be virus-free.

Other Bupa services and terms and conditions

Where you are using the App because you have purchased a package of services, such as a Bupa insurance policy or other service from us, the terms and conditions of those other services including the terms of any Bupa insurance policy apply in addition to these Terms to your use of the App.

Where you are using the App because your employer has arranged for us to provide services to you under Bupa insurance policy or Bupa health trust scheme, the terms and conditions notified to you by your employer in respect of those services apply in addition to these Terms to your use of the App.

Other Bupa services and terms and conditions

Where you are using the App because you have purchased a package of services, such as a Bupa insurance policy from us, the terms and conditions of those other services including the terms of any Bupa insurance policy apply in addition to these Terms to your use of the App.

Where you are using the App because your employer has arranged for us to provide services to you under Bupa insurance policy or Bupa health trust scheme, the terms and conditions notified to you by your employer in respect of those services apply in addition to these Terms to your use of the App.

Termination

You may stop using the Digital GP Services at any time. Bupa and/or Babylon are entitled to disable or amend any or all aspects of the Digital GP Services at any time, in their sole discretion.

Notwithstanding the above, your right to access and use the Digital GP Services is subject to your eligibility under a Bupa insurance policy, or Bupa health trust scheme, it being offered to you by your employer, or otherwise being offered to you as part of your membership of an organisation that we have an arrangement with to provide for this.

Trademark

'Bupa', the HEARTBEAT logo are the registered service marks of The British United Provident Association Limited.
'BABYLON' and the HEART logo are the registered trade marks of Babylon.

Bupa and/or Babylon are the owners of all trademarks, service marks, trade names, logos and devices appearing on the site, whether registered or unregistered, except where specifically stated otherwise.

Liability

Neither we nor Babylon shall be liable to you for any loss or damage you might incur in using the Digital GP Services, where that use is contrary to these Terms. To the fullest extent permitted by the applicable law, our and Babylon's liability to you in relation to the use of the Digital GP Services shall be capped at the amount paid to us for your access to the Digital GP Services.

The Digital GP Services are for personal, private use only. Neither we nor Babylon will be responsible for any economic loss you, or any business you own or carry on, or might incur as a result of using the Digital GP Services.

Nothing in these Terms limits our or Babylon's liability for personal injury or death caused by our negligence or that of the healthcare professionals or employees, for defective products where we or Babylon (as applicable) are legally responsible for their supply, and for fraud or fraudulent misrepresentation.

There might be times outside our control when we can't provide any or all of the Digital GP Services. If this unlikely situation occurs, Bupa and Babylon cannot be held responsible, however, we'll let you know as soon as we can. And we'll do anything we reasonably can to make sure you can use the affected services again as soon as possible.

Data protection

We take your privacy and data protection rights very seriously. We and Babylon process your personal information only in the limited scenarios and for the limited purposes as explained in our Privacy Notice.

Frequently Asked Questions

If you have any question or require further information about the Digital GP Services, please visit our support pages.

Complaints

Should you have any complaints or issues in relation to the Digital GP Services please visit the complaints section of our support pages.

Babylon - Third Party Rights

Babylon shall be entitled under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms to end your consultation, suspend or cancel your account and/or refuse to provide you with future consultations if it thinks that you have behaved in an abusive, aggressive or offensive manner towards any of its employees or practitioners.