Legal Document
MiCode Ltd Terms and Conditions
Prepared for MiCode services supplied in connection with Dementia Jersey.
1. Introduction
These Terms and Conditions govern access to and use of the MiCode service, which is provided by MiCode Ltd, a company registered in England and Wales under company number 15352206.
MiCode is a QR code-based service designed to allow individuals to store and manage emergency medical information, emergency contact information and related support information. MiCode is intended to help important user-supplied information become available quickly in appropriate circumstances, including emergencies, safeguarding concerns, care support situations and other situations where an individual may need assistance.
MiCode is not a complete medical record. MiCode must not be treated as a substitute for formal healthcare records, professional medical advice, diagnosis, treatment, care plans, safeguarding procedures or emergency services.
Where MiCodes are supplied in connection with Dementia Jersey, Dementia Jersey acts as a distribution partner. Dementia Jersey does not operate the MiCode platform, does not use the MiCode organisation view under the agreed operating model, and does not have routine access to individual users' MiCode emergency medical information.
By registering for, accessing, using, purchasing, activating, receiving or managing a MiCode, you agree to be bound by these Terms.
These Terms should be read together with the MiCode Privacy Policy, any applicable data protection notice, and any partner-specific documentation relevant to the way MiCodes are supplied.
2. Definitions
In these Terms:
- "MiCode" means the MiCode service, including the platform, QR code functionality, related software, website, account environment, user profile, access controls, support services and associated services provided by MiCode Ltd.
- "MiCode Ltd", "we", "us" and "our" mean MiCode Ltd.
- "User", "you" and "your" mean any individual accessing, activating, registering, using or managing a MiCode, and where the context requires, any authorised helper, carer, family member, professional or organisation acting in relation to a MiCode.
- "Supported user" means a person for whom a MiCode is used or managed, including a person who may receive help from a family member, carer, supporter, professional or trusted person.
- "Helper" means a family member, carer, professional, support worker or trusted person who assists a user to set up, manage or update a MiCode.
- "MiCode emergency medical information" means the emergency medical information, emergency contact information, care information, support information and related information that a user chooses to place into MiCode.
- "Restricted information" means any part of a MiCode protected by an access code, PIN or other access control mechanism.
- "Partner organisation" means an organisation that purchases, funds, supports or distributes MiCodes to individuals it supports or represents.
- "Dementia Jersey" means Dementia Jersey where it acts as a distribution partner in connection with MiCodes supplied to people it supports.
- "Organisation view" means any dashboard, administrative account, reporting tool, management function or similar feature that would allow an organisation to view, manage, search, export, report on or otherwise interact with identifiable MiCode user information.
- "Personal data" means information relating to an identified or identifiable individual.
- "Special category data" means sensitive personal data, including health, medical, care, disability, safeguarding or support information, where that term applies under relevant data protection law.
3. What MiCode Is
MiCode is a user-managed emergency medical information and emergency contact service. It is designed to help users store and manage important information in a form that may be accessed quickly when needed.
MiCode may include features that allow users to:
- store emergency medical information;
- store emergency contact details;
- record care or support information;
- upload or manage related information or documents;
- control access to certain information;
- update information over time without replacing the underlying QR code.
MiCode may be used by individual members of the public, families, carers, community groups, charities, healthcare settings, educational institutions or other organisations.
MiCode is designed to support the availability of important information. It does not guarantee that a responder, professional, carer, organisation or any other third party will scan, access, use or rely on the information in any particular situation.
MiCode Ltd may update, change, improve, suspend or discontinue parts of the service from time to time where this is necessary for operational, technical, legal, security or service development reasons.
4. Dementia Jersey Distribution Model
Where MiCodes are supplied in connection with Dementia Jersey, the agreed model is a distribution model.
Under this model, Dementia Jersey may help make MiCodes available to people it supports. Dementia Jersey may also help explain the purpose of MiCode and encourage appropriate uptake of the service.
Under this model, Dementia Jersey does not:
- operate the MiCode platform;
- have routine access to individual users' MiCode emergency medical information;
- use the MiCode organisation view;
- view, search, export, download, edit, monitor or manage individual MiCode user profiles;
- decide what emergency medical information a user places into MiCode;
- determine how individual users' MiCode emergency medical information is processed within the MiCode service;
- check, approve, correct or maintain the emergency medical information entered by individual users or their authorised helpers.
The purchase, funding or distribution of MiCodes by Dementia Jersey does not, by itself, give Dementia Jersey any right of access to individual users' MiCode emergency medical information.
This reflects MiCode's standard distribution position, namely that a third-party organisation such as Dementia Jersey may purchase and distribute MiCodes without becoming the controller or processor of the individual user's MiCode emergency medical information, provided it has no access to, or decision-making role in, that information.
If the operating model changes in the future, and Dementia Jersey is given access to identifiable user information, dashboards, administrative tools, reporting tools, communication tools or similar functions, MiCode Ltd will review the legal, privacy, data protection and contractual position before such access is provided.
5. User Acceptance
By using MiCode, you confirm that:
- you are legally capable of entering into these Terms; or
- you are using MiCode with appropriate support from a helper; or
- you are acting as a helper with appropriate consent, authority or lawful basis; or
- if you are acting for an organisation, you are authorised to bind that organisation to these Terms.
If you do not agree to these Terms, you must not use MiCode.
If you are helping another person to use MiCode, you must act responsibly, lawfully and in the best interests of that person.
Where the user is a vulnerable adult, a person living with dementia, a person with communication needs, or a person who may require support to understand or manage MiCode, the helper must take particular care to ensure that the user's rights, dignity, safety and wishes are respected.
6. User Control and Data Position
MiCode is built on the principle that the individual user is the primary decision-maker in relation to the emergency medical information and emergency contact information they choose to place into their MiCode.
MiCode Ltd provides, processes and operates the MiCode service through which that information is stored, managed and made available in accordance with the service design, access settings and user choices.
MiCode Ltd may act as controller or data controller in relation to personal data processed in connection with the operation of the MiCode service. This includes account administration, platform management, support, security, audit, fulfilment, legal compliance, technical operation and other operational purposes.
Where MiCodes are purchased, funded or distributed by a partner organisation, that organisation does not automatically become controller or processor of the user's MiCode emergency medical information simply because it has purchased, funded or distributed MiCodes.
In the Dementia Jersey model, Dementia Jersey is not intended to act as controller or processor of individual users' MiCode emergency medical information because it does not have routine access to that information and does not decide how it is processed through MiCode.
This is consistent with MiCode's position paper on data roles, access and distribution partnerships.
7. Privacy and Data Protection
MiCode Ltd is committed to handling personal data responsibly and in accordance with applicable data protection law.
Depending on the context, applicable law may include:
- UK General Data Protection Regulation;
- Data Protection Act 2018;
- Data Protection (Jersey) Law 2018;
- Data Protection Authority (Jersey) Law 2018;
- guidance issued by the UK Information Commissioner's Office;
- guidance issued by the Jersey Office of the Information Commissioner, where relevant.
Where MiCode services are supplied to individuals in Jersey, MiCode will have regard to Jersey data protection requirements and the role of the Jersey Office of the Information Commissioner.
MiCode emergency medical information may include special category data, including health, medical, care, disability, safeguarding or support information. Such information must be handled carefully.
Further information about how MiCode Ltd handles personal data is set out in the MiCode Privacy Policy and any applicable data protection notices.
Nothing in these Terms prevents MiCode Ltd from complying with any obligation under applicable data protection law, regulatory requirement, court order, safeguarding requirement or lawful request from a competent authority.
8. Licence to Use MiCode
Subject to these Terms, MiCode Ltd grants users a limited, non-exclusive, revocable, non-transferable licence to access and use MiCode for its intended purposes.
This licence does not permit you to:
- copy, reproduce, distribute or exploit MiCode except as permitted by law or by written agreement with MiCode Ltd;
- modify or create derivative works from the MiCode platform or software;
- reverse engineer, decompile, disassemble or attempt to extract source code except where expressly permitted by law;
- use MiCode in an unlawful, fraudulent, abusive or misleading manner;
- provide unauthorised third parties with access to MiCode;
- attempt to interfere with the security, operation or availability of MiCode;
- use MiCode in a way that could harm, exploit, mislead or control another person.
9. User Responsibilities
Users are responsible for:
- ensuring that the information placed into MiCode is accurate, complete and kept as up to date as reasonably possible;
- deciding what information should be included in MiCode;
- deciding what information should be restricted;
- maintaining the confidentiality of account credentials, access codes and PINs;
- ensuring that use of MiCode complies with applicable law;
- using MiCode in a responsible and lawful manner;
- ensuring that they have authority to upload, share or include any information placed into MiCode.
If you are a healthcare professional, carer, family member, support worker or authorised helper entering information into MiCode on behalf of someone else, you are responsible for ensuring that you have appropriate consent, authority or lawful basis to do so.
Where consent, capacity, safeguarding or best interests considerations arise, these should be handled carefully and in accordance with applicable law and good practice.
Users and helpers should not enter excessive, irrelevant, inaccurate or misleading information into MiCode.
Users and helpers should review MiCode information regularly, especially where there are changes to medical conditions, medication, emergency contacts, care arrangements, safeguarding concerns or support needs.
10. Children, Vulnerable Adults and Supported Users
MiCode may be used by or for people who require additional support, including vulnerable adults, people living with dementia, people with health conditions, people with communication needs, or people who may need assistance in an emergency.
Where another person assists a user to set up, manage or update a MiCode, that person must act responsibly and in the best interests of the user.
Helpers should only enter information that is accurate, relevant and appropriate. Helpers should not use MiCode to control, mislead, exploit or harm another person.
Where a user may have difficulty understanding, remembering, communicating or managing information, helpers should take reasonable steps to ensure that the information entered into MiCode reflects the user's needs, wishes, safety and best interests.
MiCode is designed to support safety and access to important information. It is not a substitute for professional medical records, care plans, clinical advice, safeguarding procedures or emergency services.
11. Important Access Code and PIN Recommendation
MiCode may include access controls, PIN codes or other restrictions to protect certain information.
MiCode strongly recommends that users regularly review their access settings, access codes and PIN codes.
MiCode also recommends that, whenever a MiCode has been scanned in an emergency, unexpected or unfamiliar situation, the owner of the MiCode or an authorised helper should log in to the account as soon as reasonably possible and review or update access codes or PINs where appropriate.
This recommendation is made to help maintain control over restricted information and to support good security practice.
It remains the user's responsibility to manage account settings, access controls, PINs and access code arrangements.
Users and helpers should avoid sharing access codes or PINs more widely than necessary.
12. Restricted Information and Emergency Access
Some areas of MiCode may be protected by an access code, PIN or similar control. Users are responsible for deciding how such controls are set and maintained.
MiCode Ltd provides the framework through which such controls may operate, but users remain responsible for:
- deciding what information to restrict;
- deciding who may receive access information;
- keeping access settings under review;
- updating access or PIN codes where appropriate;
- removing or changing access where circumstances change.
In emergency situations, limited personal data may be accessed via a MiCode to assist responders, carers, support workers, emergency contacts or others acting in support of the individual.
MiCode is designed to minimise unnecessary data exposure while prioritising user safety.
MiCode Ltd is not responsible for loss arising from a user's failure to manage or update access settings appropriately, except where such liability cannot lawfully be excluded.
13. Accuracy and Use of Information
Users are responsible for the information they place into MiCode.
MiCode Ltd does not verify the medical accuracy, completeness, currency or suitability of user-supplied information.
Anyone viewing information through MiCode must exercise their own judgement and, where appropriate, verify important information independently.
MiCode is intended to support access to user-supplied emergency medical information, but it does not replace:
- professional medical judgement;
- formal clinical records;
- care plans;
- emergency service procedures;
- safeguarding procedures;
- legal or regulatory requirements applying in a healthcare, care, safeguarding or emergency setting.
MiCode Ltd is not responsible for decisions made by third parties based on incomplete, inaccurate, outdated or misunderstood user-supplied information, except where such liability cannot lawfully be excluded.
14. No Medical Advice
MiCode is not a medical device, clinician, diagnostic service or source of medical advice unless expressly stated otherwise in writing by MiCode Ltd.
Nothing in MiCode constitutes medical advice, diagnosis or treatment.
Users should always seek advice from an appropriately qualified healthcare professional regarding any medical matter.
In an emergency, users, carers, helpers or responders should contact the relevant emergency services.
MiCode should be treated as a supporting information tool only.
15. Data Sharing and Third Parties
MiCode does not sell personal data.
MiCode may share personal data only where this is necessary, lawful and consistent with the purpose of the service.
Personal data may be shared in the following circumstances:
- where a MiCode is scanned and the user has made information available through the QR code;
- where information is made available to emergency responders, carers, support workers, healthcare staff, emergency contacts or others acting in support of the individual;
- where emergency contact details are used to contact a person nominated by the user;
- where MiCode uses trusted technical service providers, such as hosting, cloud, storage, email, communications, payment or infrastructure providers;
- where disclosure is required by law, regulation, court order or a competent authority;
- where sharing is necessary to protect the vital interests of the user or another person;
- where sharing is necessary to investigate misuse, security issues, fraud or unauthorised access.
Where third-party service providers support the operation of MiCode, they are part of MiCode Ltd's service delivery environment. The use of such providers does not give Dementia Jersey access to individual users' MiCode emergency medical information.
MiCode may use service providers to support hosting, infrastructure, communications, fulfilment, payments, email delivery, storage, support, analytics for service security, or other operational functions. Such providers must only process data for the purposes authorised by MiCode and must not use MiCode user data for their own independent purposes unless separately lawful and transparent.
16. Security
MiCode Ltd applies appropriate technical and organisational measures designed to protect the MiCode service and the data processed through it.
These may include:
- secure hosting arrangements;
- encryption in transit;
- encryption-based protections where appropriate;
- access controls;
- restricted administrative access;
- role-based access controls;
- audit logging;
- technical monitoring;
- supplier management;
- data minimisation;
- confidentiality obligations for authorised personnel;
- periodic review of security controls;
- incident response procedures;
- account management controls;
- procedures for reviewing and responding to suspected unauthorised access.
No internet-based service can be guaranteed to be completely secure or continuously available.
You acknowledge that security also depends on your own actions, including the safe management of passwords, devices, email accounts, access codes and PIN codes.
You must notify MiCode Ltd promptly if you become aware of:
- unauthorised access to your account;
- unauthorised scanning or suspicious use of your MiCode;
- loss or compromise of account credentials;
- suspected misuse of personal data;
- suspected security incidents affecting your MiCode;
- concerns that someone is using MiCode to control, mislead, exploit or harm another person.
17. Personal Data Breaches
MiCode Ltd maintains procedures for identifying, assessing, managing, recording and responding to personal data breaches.
Where MiCode becomes aware of a personal data breach, it will assess the risk to individuals and take appropriate action.
Where required, MiCode will notify the relevant supervisory authority.
Where a personal data breach relates to personal data arising in Jersey and connected with MiCode services supplied through the Dementia Jersey arrangement, MiCode will notify Dementia Jersey within 24 hours of becoming aware of the breach, where the breach is likely to affect individuals connected with that arrangement.
This notification to Dementia Jersey is separate from, and does not replace, any regulatory notification that MiCode may be required to make to the Jersey Office of the Information Commissioner, the UK Information Commissioner's Office or any other relevant supervisory authority.
Where a breach is likely to result in a high risk to individuals, MiCode will inform affected individuals where required by law.
Information about a breach may be provided in stages if all details are not immediately available.
MiCode will record and review incidents so that appropriate steps can be taken to reduce the risk of recurrence.
18. Partner Organisations and Distribution
MiCodes may be purchased directly by users or supplied through partner organisations.
Where a partner organisation purchases, funds or distributes MiCodes, that does not give the partner organisation access to the MiCode emergency medical information entered by the user.
Any separate access, programme administration, communication function, dashboard, reporting tool or related service involving a partner organisation will depend on the actual arrangement in place and may be governed by separate terms, notices, agreements or data protection documentation.
MiCode Ltd will not give a partner organisation routine access to your emergency medical information merely because that organisation purchased, funded or distributed your MiCode.
In the Dementia Jersey arrangement, Dementia Jersey does not have routine access to individual users' MiCode emergency medical information and does not use the MiCode organisation view.
Dementia Jersey is not responsible for checking, approving, correcting, maintaining or monitoring the emergency medical information entered into MiCode by individual users or their authorised helpers.
19. Broadcaster, Communication and Organisation Features
MiCode may offer broadcaster, notification, communication, dashboard, organisation view or similar features in some contexts.
These features are not part of the agreed Dementia Jersey operating model unless separately agreed in writing.
If MiCode offers any broadcaster, notification or communication feature and you choose to connect your account to such a feature, MiCode will explain what information is shared as part of that function.
Unless otherwise stated, any broadcaster or communication feature will operate only within the scope described at the time of use.
Where a user chooses to connect a MiCode account to a broadcaster or organisation function, the relevant organisation may have access to limited account information necessary for that function, as described in the relevant feature notice.
MiCode Ltd reserves the right to amend, suspend or withdraw broadcaster, communication, dashboard or organisation features at any time.
If Dementia Jersey or any other partner organisation is ever offered access to an organisation view, communication function, dashboard, reporting tool or similar feature involving identifiable user information, that arrangement must be reviewed separately and supported by appropriate legal, privacy, data protection and contractual documentation before use.
20. International Data Transfers
MiCode will seek to ensure that personal data is stored and processed in locations that provide appropriate protection for personal data.
Where personal data is transferred outside the United Kingdom or Jersey, MiCode will ensure that appropriate safeguards are in place. These may include adequacy regulations, recognised transfer mechanisms, contractual safeguards, standard contractual clauses or other measures required by applicable data protection law.
MiCode may review international transfer arrangements where third-party infrastructure, hosting, cloud, communications, storage or technical service providers are used.
21. Intellectual Property
All intellectual property rights in MiCode, including the software, platform, design, branding, code, content structure, graphics, interfaces, documentation and related materials, belong to MiCode Ltd or its licensors.
Nothing in these Terms transfers ownership of any intellectual property rights to you.
You must not use MiCode Ltd's intellectual property except as permitted under these Terms or with MiCode Ltd's prior written consent.
Dementia Jersey branding, wording or partner-specific information may be included in a tailored deployment where agreed. Such inclusion does not transfer ownership of MiCode intellectual property and does not give Dementia Jersey access to individual users' MiCode emergency medical information.
Any use of Dementia Jersey branding or materials must be agreed with Dementia Jersey and used only for the agreed purpose.
22. Updates and Changes to the Service
MiCode Ltd may update the MiCode platform from time to time to:
- improve functionality;
- address bugs or security issues;
- reflect legal or regulatory requirements;
- enhance performance or usability;
- add, modify or remove features;
- respond to operational or safeguarding considerations.
MiCode may notify users of significant changes where appropriate, but not every update will require advance notice.
Where a change materially affects privacy, access, security, user rights or the Dementia Jersey operating model, MiCode will consider whether additional notice, documentation or agreement is required.
23. Fees, Purchases and Supply
Where MiCode is supplied for a fee, you agree to pay any applicable charges as communicated at the time of purchase or subscription.
If MiCodes are purchased, funded or supplied by an organisation for distribution, separate commercial terms may apply to that transaction.
Unless expressly stated otherwise:
- fees are non-refundable once fulfilment, activation or service use has begun;
- MiCode Ltd may suspend or terminate services for non-payment;
- pricing may change for future purchases or renewals.
Where Dementia Jersey purchases or funds MiCodes for distribution, that commercial arrangement does not give Dementia Jersey access to individual users' MiCode emergency medical information.
A MiCode supplied through Dementia Jersey remains subject to these Terms and to any applicable Privacy Policy or data protection notice.
24. Acceptable Use and Prohibited Conduct
You must not:
- use MiCode unlawfully or fraudulently;
- impersonate another person or misrepresent your authority;
- upload false, misleading or harmful information;
- interfere with the operation or security of MiCode;
- attempt to gain unauthorised access to accounts, systems or data;
- use MiCode in a way that could harm other users, MiCode Ltd, Dementia Jersey or the public;
- use MiCode to harass, discriminate against, exploit, abuse or control others;
- enter information about another person without appropriate consent, authority or lawful basis;
- share access codes, PINs or account details irresponsibly;
- use MiCode to publish offensive, abusive, unlawful, discriminatory or exploitative material;
- use MiCode in a way that undermines the privacy, dignity, safety or rights of another person.
MiCode Ltd may suspend or terminate access where it reasonably believes these Terms have been breached or where continued access creates a security, safeguarding, legal or operational risk.
25. Warranties and Disclaimers
MiCode is provided on an "as is" and "as available" basis.
To the fullest extent permitted by law, MiCode Ltd does not guarantee that:
- MiCode will always be uninterrupted, secure or error-free;
- MiCode will meet every user requirement;
- all information entered by users will be accurate, complete or current;
- scans will always occur successfully or at the exact time required;
- emergency responders, clinicians, carers, support workers or other third parties will use or rely on MiCode in any particular way;
- a MiCode will prevent harm, injury, safeguarding concerns, medical incidents or emergency outcomes.
MiCode is designed to support access to emergency medical information, but outcomes in emergency, healthcare, care or safeguarding situations depend on many factors outside MiCode Ltd's control.
Nothing in these Terms should be read as promising that MiCode will guarantee a particular clinical, emergency, safeguarding, care or safety outcome.
26. Limitation of Liability
Subject to any rights that users may have under applicable consumer protection law, and except where liability cannot lawfully be limited, MiCode Ltd's total liability shall be limited as set out in this section.
To the fullest extent permitted by law, MiCode Ltd shall not be liable for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from or related to use of MiCode.
This includes, without limitation, loss arising from:
- inaccurate or incomplete user-supplied information;
- failure by a user or helper to keep information up to date;
- failure to update access settings, PIN codes or account credentials;
- third-party use or non-use of MiCode information;
- service interruption, scanning failure, network failure or technical issues;
- unauthorised access caused wholly or partly by user actions or omissions;
- acts or omissions of third parties outside MiCode Ltd's control;
- a user or helper entering information without appropriate consent, authority or lawful basis;
- failure by a third party to scan, recognise, understand, act on or rely on MiCode information.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.
This includes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.
Where liability cannot be excluded but may lawfully be limited, MiCode Ltd's total liability shall be limited to the amount paid by you to MiCode Ltd for the relevant MiCode service in the previous six months, or £100, whichever is greater.
27. Indemnity
You agree to indemnify and hold harmless MiCode Ltd, its officers, employees, contractors and affiliates from and against claims, losses, liabilities, costs and expenses arising out of:
- your breach of these Terms;
- your misuse of MiCode;
- your unlawful processing, upload, disclosure or use of personal data;
- your infringement of the rights of any third party;
- your use of MiCode on behalf of another person without appropriate consent, authority or lawful basis;
- your failure to keep information, access settings, account credentials, access codes or PINs secure and up to date.
This clause does not apply to the extent that the loss results from MiCode Ltd's own negligence, wilful misconduct or breach of legal duty.
Where the user is acting as a consumer, this clause shall apply only to the extent permitted by applicable consumer protection law.
28. Suspension and Termination
You may stop using MiCode at any time.
MiCode Ltd may suspend, restrict or terminate access to MiCode immediately if:
- you breach these Terms;
- you fail to pay applicable fees;
- MiCode Ltd reasonably believes your use poses a security, safeguarding, legal, privacy or operational risk;
- MiCode Ltd reasonably suspects misuse, fraud, unauthorised access or unlawful activity;
- suspension or termination is required by law or by a competent authority.
On termination, your right to use MiCode will end. MiCode Ltd may retain or delete relevant data in accordance with applicable law, its Privacy Policy, retention practices and legal obligations.
Termination of a Dementia Jersey distribution arrangement will not give Dementia Jersey any right to access, export or receive individual users' MiCode emergency medical information unless separately agreed, lawful and properly documented.
If a user wishes to close their account or request deletion of personal data, they should contact MiCode Ltd using the contact details in these Terms or in the Privacy Policy.
29. Changes to These Terms
MiCode Ltd may revise these Terms from time to time.
Where changes are material, MiCode Ltd will take reasonable steps to notify users, including by email, through the platform, or by publishing updated Terms on the MiCode website.
Your continued use of MiCode after revised Terms take effect constitutes acceptance of those revised Terms.
These Terms may also be reviewed if:
- the MiCode service changes materially;
- the Dementia Jersey operating model changes;
- MiCode introduces new organisation view, communication, dashboard or reporting functionality;
- data protection law or regulatory guidance changes;
- security or safeguarding risks require updates;
- MiCode changes its supplier, hosting or international transfer arrangements in a way that materially affects users.
30. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales, except where Jersey data protection law or other Jersey legal requirements apply to personal data arising in Jersey or activities carried out in relation to individuals in Jersey.
The courts of England and Wales shall have non-exclusive jurisdiction in relation to any dispute arising out of or in connection with these Terms or the use of MiCode.
Nothing in this clause prevents a competent Jersey authority, regulator or court from exercising jurisdiction where Jersey law applies.
The Parties will cooperate in good faith where questions arise concerning the interaction between the laws of England and Wales and applicable Jersey data protection law.
31. Contact Details
For support, compliance queries or general enquiries, you may contact MiCode Ltd at:
Email:
james@micode.uk
Website:
www.micode.uk
Where MiCode Ltd publishes additional support contact details, users may also use those channels.
For privacy or data protection matters, users should refer to the MiCode Privacy Policy and may contact MiCode Ltd using the contact details provided there.
32. Entire Agreement
These Terms, together with any applicable Privacy Policy, feature-specific notices, commercial terms, data protection documents or written agreements issued by MiCode Ltd, form the entire agreement between you and MiCode Ltd in relation to the use of MiCode unless expressly agreed otherwise in writing.
If there is any inconsistency between these Terms and a specific written agreement between MiCode Ltd and a partner organisation, the specific written agreement may apply to that partner arrangement, but only to the extent expressly stated.
Nothing in any partner arrangement gives a partner organisation access to individual users' MiCode emergency medical information unless that access is expressly agreed, lawful, transparent to users, and supported by appropriate data protection documentation.
33. Summary of Dementia Jersey Position
For clarity, where MiCodes are supplied in connection with Dementia Jersey:
- MiCode Ltd provides and operates the MiCode service;
- the individual user decides what emergency medical information and emergency contact information to place into MiCode;
- Dementia Jersey acts as a distribution partner;
- Dementia Jersey does not operate the MiCode platform;
- Dementia Jersey does not use the MiCode organisation view under the agreed operating model;
- Dementia Jersey does not have routine access to individual users' MiCode emergency medical information;
- Dementia Jersey does not check, approve, correct, maintain or monitor the emergency medical information entered by individual users or their authorised helpers;
- Dementia Jersey does not become controller or processor of individual users' MiCode emergency medical information simply because it purchases, funds or distributes MiCodes;
- any future change involving access to identifiable user information, dashboards, reporting tools, communication tools or administrative functions must be reviewed and documented before implementation.
This summary reflects MiCode Ltd's policy position that, within the standard distribution model, a third-party organisation such as Dementia Jersey is not intended to act as controller or processor of individual users' MiCode emergency medical information where it only purchases and distributes MiCodes and has no access to, or decision-making role in, that information.