Terms and conditions
By using the COVID Check App, you agree to these Terms.
1. Introduction
1.1. Welcome to the terms of use (“Terms”) for the NHS Scotland COVID Check app (“COVID Check App”). [ ] (‘[ ]’, ‘we’, ‘our’) has overall responsibility for the COVID Check App, which has been developed by, and will be operated by, NHS Education for Scotland (‘NES).
1.2. These Terms apply to the COVID Check App only.
2. Purpose of the COVID Check app
2.1. The purpose of the COVID Check App is to allow the device (onto which the COVID Check App is downloaded) to scan and read a 2D barcode produced by a trusted authority, which contains information associated with an individual’s ‘COVID Status’. The information confirms that the individual has been fully vaccinated against COVID-19 or has met negative testing or natural immunity requirements and can be used by the individual to demonstrate their COVID Status for the purposes of international travel, or for domestic purposes which the Scottish Government may approve from time to time.
2.2. The COVID Check App is only designed for use in scanning and checking COVID Status 2D barcodes produced by trusted authorities and must not be used for any other purpose.
2.3. The COVID Check App is provided by [ ] free of charge, and it is expressly prohibited to attempt to sell or license use of the COVID Check App to any person, or to include the COVID Check App as part of a paid-for service or product.
3. How to use the COVID Check app
3.1. To use the COVID Check App, you must first download it from the Apple App store or Google Play store. You should refer to the terms of use and privacy notices applicable to each app store when visiting those stores to download the COVID Check App.
3.2. Upon navigating to the 2D barcode verifier, you will first be met with the initial landing page. This page is the first page in the application where you are always able to navigate back to or progress to the 2D Barcode verifier.
3.3. The “Check 2D barcode” button will navigate you to the 2D Barcode verifier where you will be able to direct the camera at a user’s COVID certificate. To do this, the user's 2D barcode, which will be either on their device or printed out, will need to be placed inside the four blue square guidelines.
3.4. The 2D barcode represents the COVID Status of an individual person. It follows a set international standard designed by eHealth Network (Part of the European Commission), and all developers who develop COVID related applications follow this set standard.
3.5. App permissions are used to securely store public keys that are used to check a 2D barcode has been signed by a trusted authority. These permissions are not used to store any data related to the user or app usage. The storage used does not hold any personal data.
3.6. The COVID Check App reads 2D barcodes that store personal data and allows you to read and display this information. You use this information to check the COVID status of the individual. The information must not be used for any other purpose. The information gathered from the 2D barcode is never stored or transmitted by the COVID Check App.
4. Your right to use the COVID Check app
4.1. The COVID Check App was developed by [ ], and it and its content belong to [ ] or its respective licensors as appropriate, and it is protected by intellectual property laws. As long as you comply with these Terms, you have a personal, perpetual, non-exclusive, non-transferable, revocable, limited licence to use the COVID Check App for your own personal use. We reserve all other licence rights not expressly permitted under these Terms.
4.2. For the avoidance of doubt, any reproduction, representation, distribution, modification, adaptation or translation of the COVID Check App and its content, in whole or in part, is prohibited, except within the limit of these Terms or with the express authorisation of [ ].
5. Our liability to you
5.1. The COVID Check App is provided on an "as is" basis and, to the extent permitted by law, we make no representations, warranties or guarantees, whether express or implied that the COVID Check App will function as intended. We also cannot guarantee that the COVID Check App will be available on an uninterrupted basis, secure or error or virus free, or that defects will be corrected.
5.2. Without limitation, we will not be liable to you for:
5.2.1. any use of the COVID Check App that does not comply with these Terms;
5.2.2. any business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);
5.2.3. any loss or damage arising from an inability to access and/or use the COVID Check App;
5.2.4. any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the COVID Check App; or
5.2.5. any loss or damage caused by a virus or other technologically harmful material that may infect your device or data due to your use of the COVID Check App.
5.3. Nothing in this clause 5 excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
6. Continuity
6.1. We reserve the right to suspend, terminate or otherwise alter access to some or all of the COVID Check App at any time and without notice.
7. Security
7.1. If you discover a potential security vulnerability or suspect a security incident related to this Service, please report it to nes.covid-check.support@nhs.scot.
8. Miscellaneous
8.1. We may revise these Terms at any time and your continued use of the COVID Check App will be deemed acceptance of such revised Terms. Any such revisions take effect when this page is published.
8.2. These Terms are governed by the laws of Scotland.
8.3. These Terms do not provide rights to, and may not be enforced by, any third party.
8.4. Each of the clauses in these Terms operates separately. If any part of these Terms is determined to be invalid or unenforceable then the remainder of these Terms will remain in full force and effect.
Last updated: 07 September 2021