User Terms and Conditions ("Terms")
A. OUR MISSION
- User Terms and Conditions - Definitions
- Our Contract With You
- Changes to Terms
- Providing Services
- If There is a Problem with the Services
- Price, Payment and Fair Usage
- Our Liability to You
- Events Outside Our Control
- Your Rights to Cancel and Applicable Refunds
- Our Rights to Cancel and Applicable Refunds
- Electronic Communications
- Your Obligations
- Intellectual Property
- Licence and Site and App Use
Your Use of the Company’s Systems
- Services Description
- Site and App Policies, Modification and Severability
- Information about Q doctor and How To Contact Us
- How The Company May Use Your Information
- Other Important Terms
SCHEDULE 1 - CONSULTATIONS TERMS AND CONDITIONS (COVERING VIDEO, AUDIO AND TEXT CONSULTATIONS) SCHEDULE 2 – ADDITIONAL TERMS IN RELATION TO THE END USER LICENCE FOR THE SITE AND APP SCHEDULE 3 – ADDITIONAL TERMS IN RELATION TO PRESCRIPTIONS
Q doctor CONSUMER TERMS AND CONDITIONS
We may amend these Terms from time to time as set out in clause 3. Please check these Terms to ensure you understand the terms that will apply at the time you enter into any transaction with the Company. These Terms were most recently updated on 02 December 2015.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) "Advice" means the advice or other services provided by a Practitioner or the Company to a User through the Site or the App, or otherwise facilitated by the Company.
(b) Affiliates those persons providing Services or Products through the Company, its Site or its App, or ordered through the Company, its Site or its App, including suppliers and Practitioners and any subcontractors to the Company.
(c) App means the Q doctor mobile application provided by the Company and available via the Apple App Store or Google Play Store.
(d) Company MyMed Ltd (trading as Q doctor) registered in England and Wales with company number 09768044 with registered office at Willowbrook, Burbidge Close, Lytchett Matravers, Poole, Dorset BH16 6EG.
(e) Distance Selling Regulations: EU (Consumer Information, Cancellation and other Rights) Regulations 2013 as implemented under UK and Irish Law.
(f) Event Outside Our Control: is defined in clause 8.2.
(g) Materials: means any materials, documents, information, intellectual property or other assets belonging to the Company and/or any Affiliate.
(h) Online Shop: means the facility provided to Users on the Site or App for ordering and/or purchasing non-pharmaceutical and non-testing Product/s from a third party supplier.
(i) Practitioner: the medical health practitioner carrying out or providing the Services to include but not limited to a registered general practitioner ("GP"), registered nurse ("Nurse") or registered medical specialist clinician or consultant ("Specialist") registered, as applicable, with the relevant body in the United Kingdom or Ireland.
(j) Product: any physical product ordered by you through the Company’s Site or App, or which the Company provides to you.
(k) Services: any services that the Company provides to you or which you order or access through the Company’s Site or App
(l) Site: means the homepage at www.qdoctor.io and all subsidiary pages to this homepage.
(m) Terms: the terms and conditions set out in this document including the Schedules.
(n) User: means a customer of the Company who makes use of the Services and/or orders or purchases Products via the Site or App.
(o) In writing or written: shall include in relation to any communication from the Company or its Affiliates, any email, on-screen alert, on-screen notification, prompt, field or other communication of information to you from the Company or its Affiliates and in relation to any communication from you to the Company shall include any email address provided to you by the Company for such communication.
2. OUR CONTRACT WITH YOU
2.1 The Services and Products ordered through the Site and App may be provided to you by the Company or by a third party. These are the on which the Company supplies Services, Products or otherwise contracts with you. If a third party provides a Service or Product through the Site or App, the third party may apply its terms and conditions to the Service or Product provided by it. Please ensure that you carefully read these Terms and the terms and conditions of any third party which provides a Service or Product through the Site or App.
2.2 The Schedules to these Terms are part of the contract.
2.3 The Company does not contract otherwise than on these Terms unless explicitly agreed in writing. If you do not agree with these Terms, you should not use the Company’s Site or App, or otherwise order or use any Product or Services from the Company.
3. CHANGES TO TERMS
3.1 The Company may revise these Terms from time to time in the following circumstances:
(a) changes in how the Company accepts payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) where the Company in its discretion deems a revisal necessary or desirable and notifies you of such a revision.
3.2 If the Company makes a revision to these Terms under clause 3.1, the Company will notify you when you next access the Site or App and you will have a right to cancel the contract in accordance with clause 9.3 (c). The then current Terms will apply to any transaction or use and it is your responsibility to ensure that you are content to contract on the then current Terms at the point of any transaction or use.
4. PROVIDING SERVICES
4.1 The Company will not be responsible for any delays or lack of performance by it or any of its Affiliates due to an Event Outside Our Control. See clause 8.3 for the Company's responsibilities when an Event Outside Our Control happens.
4.2 The Company may have to suspend the Services if the Company has to deal with technical problems, or to make improvements to the Services. The Company will use reasonable efforts to minimise such times of suspension but such suspension shall not affect your obligation to pay any payment due, provided that such period(s) of suspension do not exceed 30 days in aggregate in any year period.
4.3 If you do not pay the Company for the Services when you are supposed to as set out in these Terms the Company may suspend the Services with immediate effect until you have paid the Company the outstanding amounts.
5. IF THERE IS A PROBLEM WITH THE SERVICES
5.1 In the unlikely event that there is any defect with the Services:
(a) please contact and inform the Company as soon as reasonably possible;
(b) please give the Company a reasonable opportunity to repair or fix any defect and/or to contact the relevant Practitioner and request that they carry out the required repair or fix the defect; and
(c) the Company will use reasonable efforts to repair or fix the defect as soon as reasonably practicable. However the Company is not responsible for any failure by a Practitioner to repair or fix the defect.
You will not have to pay for the Company or Practitioner to repair or fix a defect with the Services under this clause 5.1.
5.2 As a consumer you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials the Company or Practitioner use are faulty or not as described. Advice about your legal rights is available in the UK from your local Citizens' Advice Bureau or Trading Standards office and in the Republic of Ireland from your local Citizens' Information Centre. Nothing in these Terms will affect these statutory rights.
5.3 The Company values your feedback and, following a consultation, provides you with the opportunity to rate your consultation and to provide additional comments. If you have any complaints, please do not hesitate to get in touch by telephoning the User service team on 01202 798606, or by emailing the Company at email@example.com.
6. PRICING, PAYMENT AND FAIR USAGE
6.1 There are three types of membership for the Service, as a: a) Trial Member: A Member who has signed up as part of the free consultation offer; b) Subscriber: Self-Paying Member who has purchased a monthly or annual subscription to use the Service (“Subscription”); and c) Partner Scheme Member: a User who receives the Service as a benefit under a Partner Scheme provided by a Partner. 6.2 For the purposes of this clause, a “Self-Paying Member” is a User who is required to make payments for the Service directly to Q doctor. Where you would otherwise be required to make payments for the Service directly to Q doctor but are purchasing an Appointment or a Subscription using an offer provided under a Partner Scheme (“Offer”), you are a Self-Paying Member for the purposes of these Terms. 6.3 Subscriber packages vary from time to time in their price and associated features. To ensure that everyone has quick and easy access to our service, we operate this Fair Usage Policy. 6.4 Included in your membership plan are all video consultation sessions on our platform for the period you have a valid membership only. 6.5 The price of the Services or Products will be set out on the Company's Site or App, or in the Schedules to these Terms at the time of agreement by the Company to provide the Services and or Products. In general, and unless otherwise stated, subscriber packages are limited to fair use of six consultations per year. The Company's prices may change at any time, but price changes will not affect any Services or Products which you have already ordered. Subscriber membership packages include combinations of additional features, such as prescription medications, fit notes and referral letters. These items are either included or paid extra, depending on the plan. Details of your plan can be found on your Dashboard in the Site or App. 6.6 Unless specifically stated in your package or plan, prescription medications you can acquire via Q doctor are by private prescription only. You accept that private prescriptions are fulfilled at a charge, those charges are unique to the fulfilling pharmacy and not under the control or influence in anyway of Q doctor or the Practitioners prescribing medicines via the Site or App. It is your choice as to whether you have that prescription fulfilled and at what cost. You accept, in these Terms, that if you request a prescription that is then written and signed electronically by a Practitioner, in order to activate this prescription we will charge you in full for that Product, with the inclusion of a delivery fee if applicable. 6.7 Our Fair Usage Policy is designed to prevent fraud and abuse of memberships. We reserve the right to cancel your membership at our sole discretion should you use our services for any unlawful, prohibited or unusual activities, including but not limited to commercial use of our services. 6.8 Any actions contrary to the Fair Usage Policy or our Terms and Conditions may lead to your membership being suspended or our relationship with you being terminated. If you would like to cancel your membership, please contact us at firstname.lastname@example.org 6.9 TRIAL MEMBERS:New users (as defined by Q doctor as those users who have not consulted on the platform) may benefit from the special offer enabling them to consult with a Q doctor GP within a set period of time from signup. This period of time will vary from time to time, to ensure a sustainable balance is found and free consultations are there for those who need them. Once a consultation has been booked and begun, using 30 seconds of the consultation session time (10 minutes) shall be the same as using the full 10 minutes of the consultation session. Once the expiration period has elapsed, the free consultation offer cannot be redeemed in future by the same user. 6.10 PARTNER SCHEME MEMBERS:If you have been provided with a code by a third party Q doctor partner organisation, you will be entitled to use Q doctor in accordance with the particular partnership formed. Please contact the code provider for details. All Terms apply, including our Fair Usage policy. 6.11 These prices exclude: (i) VAT, where applicable, and unless otherwise stated; and: (ii) reasonable credit card and other processing fees, where these are incurred by the Company. 6.12 Subject to clause 6.1, the Company will typically charge or invoice you for the Services or Products at the time you order them. You accept and agree that Q doctor charges administration fees for every prescription that is issued via the Site or App. You understand, accept and agree that you must pay the total due amount prior to a prescription being created (and delivered) by a Practitioner via the Site or App, and that once delivered to you this fee is non-refundable. Any amounts charged or invoiced are due and payable upon the invoice being issued unless otherwise specified in these Terms, the Site or the App. 6.13 You can pay for Services or Products using a credit or debit card. 6.14 Payment for the Services and/or Products and all applicable delivery charges is to be made in advance. 6.15 You understand and acknowledge that treatments ordered following a consultation with a GP may not be eligible for insurer contributions that may be available if ordered following a consultation with a Specialist.
7. OUR LIABILITY TO YOU
7.1 If the Company fails to comply with these Terms, the Company is responsible for loss or damage you suffer that is a foreseeable result of the Company's breach of these Terms or the Company's negligence, but the Company is not responsible for any loss or damage that:
(a) is not foreseeable. Loss or damage is foreseeable if it is an obvious and direct consequence of our breach or if it is contemplated by you and the Company at the time the Company entered into this contract; or
(b) has been caused by a relevant Practitioner (except to the extent such Practitioner is an employee of the Company acting within the scope of their employment), Affiliate, subcontractor or third party. Such Practitioner, Affiliate, subcontractor or third party person shall be solely liable for that loss or damage unless and to the extent that it is caused by the negligence, material breach or wilful default of the Company.
Partnership companies is not responsible for any loss or damage that has been caused by the Company, a Practitioner, an Affiliate or subcontractor or third party and the Company or the Practitioner, Affiliate, subcontractor or third party shall be solely liable for that loss or damage.
7.3 The Site and App are not suitable for managing a medical emergency or acute condition, any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any product or service urgently. By agreeing to these Terms, you expressly understand, accept and agree that:
when using the Site or App, the Practitioners that Q doctor will connect you with are independent medical professionals that are individually responsible for the medical advice, diagnoses and medical services that they offer to you via the Site or App. You accept the limitations of a remote service and that any medical diagnosis, where achieved via consultation on the Q doctor Site or App with a Practitioner is arrived at in large part by your (Customers) recall and description of the symptoms affecting you or that you are presenting with. Therefore a very significant part of the medical advice/diagnosis you may receive is arrived at based largely on the information that you directly supply at the time of your consultation.
it is your responsibility to honestly present information when questioned in as much detail as possible to the Practitioner(s) you are consulting with as you accept this directly affects the outcome of your consultation. You acknowledge that the Practitioner(s) heavily rely on the information that is directly provided by you when providing you with any medical advice/diagnosis.
7.4 The company cannot guarantee continuous availability of any Practitioner or any availability of any particular Practitioner.
7.5 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and the Company’s obligations under law as a data controller, the Company is not responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise. The Company reserves the right to withdraw or delete any information from the App at any time.
7.6 Except as set out under clause 7.8, the Company:
(a) otherwise disclaims all warranties, express or implied;
(b) does not warrant that the Site, the App, the Company’s servers, or e-mail sent from the Company are free of viruses or other harmful components.
(c) will not be liable for any damages of any kind arising from the use of the Site or the App, including, but not limited to:
(iii) punitive; an/or
(iv) consequential damages.
7.7 The Company provides, among other things, a communications platform for you to communicate with Practitioners and to order products and services from third parties. Except in respect of the actions or omissions of the Company or its officers and employees acting within the scope of their employment, the Company does not accept any liability or responsibility for the actions or omissions of any third party, in particular its Affiliates and any Practitioners who are not employees of the Company.
7.8 The Company only supplies the Products and Services for domestic and private use. You agree not to use the Products and/or Services for any commercial, business or re-sale purpose, and the Company has no liability to you for any:
(a) loss of profit;
(b) loss of business;
(c) business interruption; or
(d) loss of business opportunity.
7.8 The Company does not exclude or limit in any way its liability for:
(a) death or personal injury caused by the Company's negligence or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by (i) section 2 of the Supply of Goods and Services Act 1982 in the United Kingdom and (ii) section 12 of the Sales of Goods Acts 1893 and 1980 in the Republic of Ireland (title and quiet possession);
(d) breach of the terms implied by (i) sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 in the United Kingdom and (ii) sections 13, 14 and 15 of the Sales of Goods Acts 1893 and 1980 in the Republic of Ireland (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the (i) Consumer Protection Act 1987 in the United Kingdom and (ii) Liability for Defective Products Act 1991 and the European Communities (Liability for Defective Products) Regulations, 2000 in the Republic of Ireland;
(f) breach of the terms implied by section 39 of the Sale of Goods and Supply of Services Act 1980 in the Republic of Ireland; or
(g) for any other liability which cannot be excluded or limited by applicable law.
7.10 Without prejudice to clause 7.7 above, the liability of the Company in connection with the Services and any Product whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:
(a) [£2,000] in aggregate in relation to any Services and/or Products ordered through the Online Shop; and
(b) [£1,000,000] in aggregate otherwise.
8. EVENTS OUTSIDE OUR CONTROL
8.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond the Company's reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. For the avoidance of doubt, an Event Outside Our Control includes any action or failure to act by the relevant Practitioner and/or insufficient/variable network connectivity at any time for the User, Company or Practitioner.
8.3 If an Event Outside Our Control takes place that materially affects the performance of the Company's obligations to you under these Terms:
(a) the Company will notify you; and
(b) the Company's obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the Company's performance of Services to you, the Company will resume the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract immediately if an Event Outside Our Control takes place resulting in a suspension of the Services that continues for longer than 2 weeks and you no longer wish the Company to provide the Services. Please see your cancellation rights under clause 9. The Company may cancel the contract if an Event Outside Our Control continues for longer than 2 weeks.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUNDS AND FEES
9.1 No refund shall be due because of any unavailability of any particular Practitioner or where the prescription ordered has been correctly fulfilled, either by shipment or local pharmacy collection, except where otherwise stated in Affiliates’ Terms. 9.2. If you have an appointment booked with Q doctor you can cancel without incurring a charge up to 2 hours prior to the booked time. 9.3 Any cancellation within 2 hours of the booked time, or indeed non-attendance to the arranged booking (deemed as more than 5 minutes late) shall result in the loss of free consultation and incurring a fee of £10 while on a paid plan.
RIGHT TO CANCEL UNDER DISTANCE SELLING REGULATIONS
9.4 Under the Distance Selling Regulations, you can also cancel a contract, such as that requesting a monthly membership, within 14 days without giving any reason. Your legal right to cancel starts from the date of the confirmation email (an acceptance in writing by email from the Company or third party supplier stating that the order is accepted which will form the basis of the contract) which is when the contract between us is concluded. Your cancellation period will expire after 14 days from the day of the conclusion of the contract.
9.5 You acknowledge that you cannot cancel an order for the supply of digital content or Services which have been fully performed, where we started delivery of the digital content or performance of the Services upon your request.
9.6 To cancel your order under clause 10 You must inform us (MyMed Ltd, South Bank Central, 1st Floor, 30 Stamford Street, London SE1 9PY, email email@example.com) of your decision to cancel this contract by an unequivocal statement (e.g. email or letter). To meet the cancellation deadline, you must send your communication of cancellation before the 14 day period has expired.
9.7 If you cancel this contract under clause 10, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 The Company may have to cancel consultation requests, active consultations, and/or prescription orders due to an Event Outside Our Control or the unavailability of key personnel or key materials without which the Company cannot provide the Services. The Company will promptly notify you if a Service is unavailable.
10.2 Once the Company has begun to provide the Services to you, the Company may cancel the contract for the Services at any time by providing you with at least 15 calendar days' notice in writing.
10.3 If the Company has to cancel provision of a Service or the Services under clause 10.1 or clause 10.2 and you have made any payment in advance for the Service or Services that has not been provided to you:
(a) in the case of a Service you have requested and paid for, the Company shall refund the individual payment to you;
(b) for the avoidance of doubt, in the case of a Service you have requested that ordinarily is available free of charge to Users, you shall not be eligible to receive any refund;
(d) for the avoidance of doubt, no refunds shall be payable in the event that a Service that you have requested cannot be provided due to your own absence (including, without limitation, for a scheduled consultation), negligence, failure to provide requested information or other relevant error.
10.4 The Company may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay the Company when you are supposed to as set out in these Terms; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 calendar days of the Company asking you to in writing, or sooner if reasonably required.
10.5 From time to time, the Company will request certain information from you that may be confidential and/or covered by data protection legislation - for example, details of any medical conditions. The Company will contact you in writing about this. If you do not, after being asked by the Company, provide the Company with this information, or you provide the Company with incomplete or incorrect information, the Company may suspend the Services by giving you written notice. The Company will not be liable for any delay or non-performance where you have not provided this information to the Company after the Company have asked for such information and the Company will not be obliged to provide any refund.
11. ELECTRONIC COMMUNICATIONS
11.1 When you use the Site, App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices, alerts, prompts, information fields or other information through the Site and App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. YOUR OBLIGATIONS
12.1 You undertake that:
(a) all information you give to the Company, its Affiliates and any Practitioner will be accurate and not omit anything of importance;
(b) you will comply with all instructions and advice given to you by any Practitioner;
(c) if, following use of the App, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilise the emergency services as applicable.
(d) you will comply with any instructions given in relation to any prescription given to you including in particular route, timing and dosages;
(e) you will promptly report any side effects of any prescription to a Practitioner.
(f) you will protect anything prescribed to you and not permit any other person access to the prescription;
(g) you will not use any prescription after its expiry date;
(h) you will not register more than once with the Site, the App or the Services;
(i) subject to clause 16 you will not register on behalf of any other person or answer questions or pretend to be any other person;
(j) you will promptly notify the Company if you are aware that any part of your medical record in the Site or App, or held by the Company including any tests, prescriptions, imaging, advice given or opinion expressed is incomplete or inaccurate; and
(k) to help us protect the privacy and security of your information, you agree not to make independent recordings of consultations.
13. INTELLECTUAL PROPERTY
13.1 The content of the Company's Site, App and other Materials is protected by copyright, trademarks, database right and other intellectual property rights.
13.2 You may retrieve and display the content of the Company's Site, App and/or any information stored on or procured through it on a computer or device screen, store such content in electronic form on disk or print copies of such content for your own personal and non-commercial use, provided you keep intact all and any copyright and proprietary notices.
13.3 Consultations, activity and data inputted in the Site and App may be recorded by the Company and treated with the strictest levels of privacy and information governance for retrieval only where necessary. You hereby consent to such recording, storage and subsequent retrieval by the Company or Practitioner. You may request consultation recordings through contact with the Q doctor team. You acknowledge that all intellectual property rights in these belong to the Company.
13.4 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of the Company's Site or App without written permission from the Company. You do not obtain any right in the copyright, design right or any other intellectual property rights in any materials or other documents or items made available to you on the Company's Site, App or through your use of the Services.
13.5 You shall be entitled to use any such materials, documents or other items as are referred to in paragraphs 13.1 to 13.4 above for personal use and only in connection with the Services but shall not be entitled to copy, edit, alter or disseminate (including but not limited to, distributing or making the materials, documents or other items available on a file-sharing network) any such items (in whole or in part) or use them for any commercial purpose. For the avoidance of doubt, nothing in these Terms restricts you from using your medical information for your own personal use including passing to any other medical practitioner.
13.6 All content included in the Site and App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its content suppliers and protected by national and international copyright laws. The compilation of all content in the Site and App is the exclusive property of the Company and/or Development Partners. All software used in the App is the property of the Company or its software suppliers and protected by national and international copyright laws.
The Q doctor mark, logo, combined mark and logo and other marks indicated in our Site and App are trademarks of the Company or its affiliates in the United Kingdom and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Company or its Affiliates.
15. LICENSE AND SITE AND APP USE
The Company grants you a limited license to access and make personal use of the Site and App and not to modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the Site or App, or their contents; any derivative use of their contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and App or any portion of them may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. Any unauthorised use terminates the permission or license granted by the Company. You may not use any logo or other proprietary graphic or trademark of the Company or its Affiliates as part of the link without our express written permission.
16. YOUR USE OF THE COMPANY’S SYSTEMS
Only persons aged 18 years of older may use the Site and App and, via their own account, make payment using their own credit or debit card. The Company and its Affiliates reserve the right to refuse to provide Services and/or Products, terminate accounts, or remove or edit content where they have a reasonably held suspicion that a Minor is using the Site or App and/or Services contrary to the provisions of this clause 16.
17. INTERNATIONAL USE
The Site and App may only be used within the United Kingdom and Ireland and may not be used in any circumstances where the laws of any jurisdiction outside the United Kingdom and Ireland would apply to its use, or the provision of the Services or Products. The Company makes no promise that materials on the Company's Site, App, Systems and Online Shop are appropriate or available for use in locations outside the United Kingdom and Ireland and accessing the Company's Site, App, Systems and Online Shop from territories where its contents are illegal or unlawful is prohibited. If in contravention of these Terms you access the Company's Site, App, Systems and Online Shop from locations outside the United Kingdom and Ireland, you do so on your own initiative and are responsible for compliance with local laws. Our Practitioners are also not covered medico legally for provision of any service outwit these shores.
The Company reserves the right to deny any person (inclusive of any User) access to the Site, App and/or Services and Products in the event that the person is abusive or inappropriate to any Practitioner or any employee or agent of the Company. Inappropriate use includes, without limitation: (i) inappropriate, abusive, offensive behaviour or remarks; or (ii) ‘time-wasting’; or (iii) excessive use of a Service or Services in the reasonable opinion of the Company and/or relative to typical usage patterns in the reasonable opinion of the Company. In the event of inappropriate or abusive use, the Company reserves the right to terminate provision of Services or Products and use of the Site and App (including deletion of the User’s account and information) immediately upon notice.
19. SERVICES DESCRIPTION
The Company and its Affiliates attempt to be as accurate as possible in their description of the Services. However, the Company does not warrant that descriptions of services or other content of the App is accurate, complete, reliable, current, or error-free. The Company provides links to other sites and maintains feeds from external data providers over which the Company has no control. The Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
20.1 If any dispute arises in connection with these Terms, the parties will attempt to resolve the dispute between the parties. If the dispute is not resolved within 60 days of the initial notification of a dispute by either party, the parties will attempt to settle it by way of mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation either the Company will give you or you must give us notice in writing ("ADR notice") requesting a mediation. A copy of the request should be sent to CEDR. The mediation will start not later than 60 days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation for a period of 30 days after the mediation has started.
20.2 Following mediation under this clause 20, in the event that any dispute remains unresolved relating in any way to your use of the Site or App, that dispute shall be submitted to confidential arbitration in London or Dublin following the CEDR rules specifying English or Irish law and one arbiter. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
21. SITE AND APP POLICIES, MODIFICATION, AND SEVERABILITY
21.1 We reserve the right to make changes to our Site and our App at any time and, subject to clause 10.3, to withdraw any Service by providing you with reasonable notice.
21.2 If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
22. INFORMATION ABOUT Q doctor AND HOW TO CONTACT US
22.1 The Company is a limited company registered in England and Wales. The company registration number is 09768044 and the registered office is at Willowbrook, Burbidge Close, Lytchett Matravers, Dorset BH16 6EG. The Company operates the website www.qdoctor.io.
22.2 If you have any questions or if you have any complaints, please contact the Company. You can contact the Company by telephoning the User service team at 0330 223 0349,
22.3 or by e-mailing the Company at firstname.lastname@example.org.
22.4 If you wish to contact the Company in writing you can send this to the Company by email or by post to MyMed Ltd, South Bank Central, 1st Floor, 30 Stamford Street, London SE1 9PY.. The Company will confirm receipt of this by contacting you in writing. If the Company has to contact you or give you notice in writing, the Company will do so by email or in writing to the address you provide to the Company upon agreement by the Company to provide the Services.
23. HOW THE COMPANY MAY USE YOUR PERSONAL INFORMATION
23.1 The Company will use the personal information you provide to the Company to:
(a) provide the Products and Services;
(b) provide to Affiliates of the Company where reasonable or necessary in relation to the provision of the Products and Services, including provision of your information to Practitioners including GPs, Specialists, dispensing pharmacies, and partner pathology (testing) providers;
(c) process your payment for such Products and Services;
(d) review and enhance the quality of the Services, including monitoring compliance with clinical care standards;
(e) comply with reasonable requests by regulatory bodies including the General Medical Council, or as otherwise required by law or regulation;
(f) where you request it or have otherwise consented, provide it to your insurance company(y/ies) who may contribute to the cost of the Products or Services you request to use;
(g) provide information to your other healthcare providers; or
(h) the detection of fraud.
23.4 If you elect to pre-authorise a treatment via an insurance company, you acknowledge and agree that it may be necessary to provide access to your contact, personal, medical, treatment, outcomes or other information, to your insurer to facilitate your request and the insurer’s quality control and clinical practice requirements. Alternatively, the insurer may contact you with a separate consent form, requesting that you allow them to request information from us relating to your claim.
23.5 The Company retains the right to use anonymised data for purposes including (without limitation) research.
23.6 The Company uses a third party to process payments and refunds. We do not store your credit or debit card details. Credit and debit card details are stored securely with a third party in the eventuality of payment being required for future purchases or shortfalls in payments by insurers.
23.7 Authorised members of the Company’s clinical team may utilise consultation recordings for audit and quality monitoring purposes.
24. OTHER IMPORTANT TERMS
24.1 The Company may transfer its rights and obligations under these Terms to another organisation, and the Company will always notify you in writing if this happens, but this will not affect your rights or the Company's obligations under these Terms.
24.2 You may only transfer your rights or your obligations under these Terms to another person if the Company agrees in writing.
24.3 Notwithstanding that this contract has a number of Schedules which may apply to one or more of the particular Services or Products supplied by the Company, they are one set of terms and may only be accepted or declined in full.
24.4 The Terms are the terms of the contract between you and the Company. No other person shall have any rights to enforce any of the Terms. The Company may enforce the Terms on behalf of Affiliates.
24.5 If an Affiliate which is a third party provides a Service or Product through the Site or App, such third party may apply its terms and conditions to the Service or Product provided by it and such terms and conditions will form the basis of a contract between you and the third party.
24.6 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
24.7 If the Company fails to insist that you perform any of your obligations under these Terms, or if the Company does not enforce its rights against you, or if the Company delays in doing so, that will not mean that the Company has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Company does waive a default by you, the Company will only do so in writing, and that will not mean that the Company will automatically waive any later default by you.
24.8 These Terms are governed by English law. You and the Company both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in the Republic of Ireland, you may also bring proceedings in the Republic or Ireland.
SCHEDULE 1 - CONSULTATIONS TERMS AND CONDITIONS (COVERING VIDEO, AUDIO AND TEXT CONSULTATIONS)
1. NATURE OF ADVICE GIVEN VIA THE SERVICES AND RELIANCE
1.1 Practitioners are independent third parties. The Company has taken reasonable steps to verify the identity of Practitioners against their regulatory body’s database of members and in the normal course of events will use reasonable efforts to verify certain background information about a Practitioner. However, the Company makes no representation or guarantee in relation to, and is not responsible for, the qualifications of any Practitioner or the suitability of any Practitioner that is not an employee of the Company.
1.2 Consultations are subject to Practitioner availability. When you select an available Practitioner, the Company shall use reasonable efforts to offer an immediate consultation, but the Company does not guarantee to offer a consultation if that Practitioner becomes unavailable.
1.3 By using a text, audio and/or video consultation, you consent to the use of a remote service.
1.4 You acknowledge that while the Company takes all reasonable precautions, due to the nature of electronic communications the security of a remote interaction cannot be guaranteed.
1.5 You understand and agree that consultations with GPs may need to be limited in time duration if the individual Practitioner deems that no further help can be offered or that continuing the consultation would not give clinical benefit; this is at the discretion of the individual Practitioner.
1.6 Advice, information or other communications given or made remotely by audio or video are by their nature limited relative to a face-to-face consultation. A non-face to face consultation may therefore not be sufficient in certain circumstances and Users should be aware of, and by using the Company’s Site and App and any other facility are deemed to have accepted, those limitations. In particular, a non-face to face consultation is unlikely to be appropriate or sufficient in circumstances of: (i) emergency, (ii) urgency, (iii) where a physical examination is likely to be required, (iv) where physical intervention is likely to be required, or (v) where the problem, issue or information required is not suited to remote communication.
1.7 It is the responsibility of the User to evaluate whether any advice received via the Services is suitable or sufficient for the User’s needs, to what extent the User should rely upon it and whether the User should seek the assistance of their GP, other medical practitioner or emergency services.
1.8 If, following use of the Site or App, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilise the emergency services as applicable. Our Site and App can help you with this; Practitioners have the option to show you GPs local to your current location.
2. AMENDMENT OF THE TERMS
A User may separately agree terms and conditions with a Practitioner in relation to the Terms upon which that Practitioner is willing to provide services to the User. If that is the case, such agreement shall not affect these terms to the extent they apply to the relationship between the User and the Company.
3. COMMITMENT TO YOU
3.1 Each Practitioners who is actively consulting on Q doctor has committed:
a) to provide, when accepted and having had your GP account activated by Q doctor, a professional and transparent service when you are available that complies with (i) the General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as interpreted by the Care Quality Commission and clinical best practice in the UK; or (ii) the Medical Council Guide to Professional Conduct and Ethics for Registered Medical Practitioners, Seventh Edition 2009, and clinical best practice in Ireland;
(b) to volunteer, where requested in a consultation, your name and General Medical Council / Irish Medical Council professional registration number when prescribing medicines and communicating with patients;
(c) to prescribe medicines only when in their professional judgment it is in the patient's best interests to receive the medicine being requested and, accordingly, to refuse to prescribe medicines when they believe it is not in the patient's best interests to receive medicines without the benefit of a face to face consultation
(d) to show patients their nearest face-to-face GP services using our Site and App services to do so, and to encourage their consultation at these establishments instead, whenever you feel this is more clinically appropriate than your online consultation; and
(e) to take all reasonable steps to protect patients' personal information.
SCHEDULE 2 – ADDITIONAL TERMS IN RELATION TO THE END USER LICENCE FOR THE SITE AND APP
Operating system requirements Our App requires an iPhone version 4 or more recent, running iOS 6 or higher, or an Android smartphone running Android v4.2 or more recent, and a consistent 3G (or faster) data connection. For the avoidance of doubt, GPRS or EDGE connections are not suitable ("Devices").
We recommend that if you are using a wireless network to access the App, you avoid use of public wi-fi facilities in favour of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements.
1.1 If any open-source software is included in the Site, the App or any Service, the terms of an open-source licence may override some of the terms of this end user licence.
1.2 From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.3 By using the Site, the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.4 Certain Services, including Prescriptions, may make use of location data sent from the Devices. When accessing the Site or App from your device, you can turn off this location functionality at any time by turning off the location services settings on your device. If you use these Services, you consent to us and our Affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your device, or if on a computer by altering your inputted Post Code or removing it altogether.
1.5 The Site, App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. PURPOSE OF SITE AND APP
2.1 You acknowledge that the Site and App have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Site and App meet your requirements.
2.2 While certain information controlled, generated by, displayed within or stored in them may be helpful in providing warning of certain medical or health conditions or circumstances, they are not designed, nor may you use them, to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition. No responsibility is accepted in this regard by the Company or any of its Affiliates.
SCHEDULE 3 – ADDITIONAL TERMS IN RELATION TO PRESCRIPTIONS
USE OF PRESCRIBED MEDICATION
1.1 You understand, accept and agree as part of these Terms that any prescriptions you acquire via your legitimate use of the Site or App and or any consultation with a Practitioner via Q doctor are solely for personal use. Furthermore, you undertake and agree to fully and carefully read all the information provided to you and follow the instructions provided by the Practitioner(s) whether via instructions on the prescription(s) itself (the label applied by the pharmacy), by way of letter to you or verbally, prior to taking any of the prescribed medicines. You also understand, accept and agree to contact a Practitioner, another doctor, your own NHS GP or a pharmacist if you have any questions whatsoever or do not understand in part or in full the reasons you have been provided with a prescription for any medication or the instructions provided or related to the medication that has been prescribed to you.
2. PRESCRIBING DOCTORS
2.1 In the United Kingdom, Services are provided by qualified doctors registered with the UK’s General Medical Council who are permitted to prescribe medicines without meeting the patient face to face. The registration numbers with the General Medical Council of each doctor who is or was in the past registered with this service to provide prescriptions can be supplied upon request to the Company. All doctors who have signed up to provide prescriptions through the Company’s systems have undertaken to comply with the General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as enforced by the Care Quality Commission and copies of these can be found at http://www.cqc.org.uk.
2.2 In the Republic of Ireland, Services are provided by qualified doctors registered with the Medical Council of Ireland (IMC) who are permitted to prescribe medicines without meeting the patient face to face. The registration numbers with the Medical Council of each doctor who is or was in the past registered with this service to provide prescriptions can be supplied upon request to the Company. All doctors who have signed up to provide prescriptions through the Company’s systems have undertaken to comply with the Medical Council Guide to Professional Conduct and Ethics for Registered Medical Practitioners Seventh Edition 2009 and clinical best practice in Ireland. Copies of the Guide to Professional Conduct and Ethics for Registered Medical Practitioners can be found at http://www.medicalcouncil.ie.
3. COLLECTION OR DELIVERY OF PRESCRIPTIONS
3.1 From time to time, and subject to a range of factors including (without limitation) the nature of the items specified in a prescription and the availability of Affiliates, the Site or App may enable you to: (i) request that your prescription medication be sent to your address, or; (ii) request that the Company sends your prescription to a pharmacy near to you, for you to collect and fulfil during normal opening hours.
3.2 If you choose to have your prescription sent to a pharmacy, you will choose the relevant pharmacy nearest to your stated or ascertained location, and the Company will use reasonable efforts to send to that pharmacy a prescription.
3.3 Please note that changing your current or set location after a GP has written a prescription for you may alter the availability of the medication prescribed, due to a potential alteration in the nearest Pharmacy Partner to the new location. The Site or App will make you aware of this change and check whether a prescription re-issue is required.
3.4 Please note also that the Company will use reasonable efforts to deliver the prescription to your device and to a nearby pharmacy promptly but that the Company is not connected with and has no control over or responsibility for any individual pharmacy, their policies in relation to acceptance or otherwise of prescriptions, opening hours or availability. There are a number of factors which may impact on which pharmacy is chosen and there can be no guarantee that a pharmacy to which the prescription is delivered (if that option is chosen) will be the nearest pharmacy.
3.5 If, within the App, you choose to order your prescription medication for delivery to you, it will be despatched by our Affiliate dispensing pharmacy partner. The terms of delivery shall be as follows:
(a) we will use reasonable endeavours to procure the processing and despatch of your prescription within 4 business days where the medication is in stock;
(b) the delivery time following despatch should typically not exceed 3 business days but please note that in relation to delivery to remote locations that delivery time could be longer;
(c) prices and delivery fees are displayed within the Site and App at the time of the order;
(d) delivery will be either by express delivery or refrigerated express delivery depending on the item;
(e) medications are personal to the person for whom they are intended and therefore may not be returned and no refunds will be given for medications ordered once the order is placed;
(f) orders may be subject to a minimum price as displayed in the Site or App;
(g) our Affiliate dispensing chemist and/or the Company may at its discretion refuse to fulfil an order where it considers the order not to be in the best interests of the person for whom it is intended or who has ordered it or may be illegal or contrary to any regulation or guideline;
(h) third party despatch companies will be used to deliver any orders and neither the Company nor the dispensing chemist are liable for any error or delay of the despatch company; and
(i) if no one is available to take delivery of the order when delivery is first attempted, there may be a delay in delivery, and/or the recipient may have to follow the procedures of the relevant despatch company in order to collect the order, including picking it up from a depot.
You cannot order prescription medication for delivery to you in the Republic of Ireland.
4. THE COMPANY’S RELATIONSHIP WITH THE DISPENSING PHARMACY
4.1 From time to time the Company has arrangements in place with Affiliate dispensing chemist/s in relation to orders placed through the for the fulfilment of prescriptions and associated delivery of medication. The dispensing chemist is a separate entity from the Company and to the extent permitted by law the Company disclaims any liability for any acts or omissions of the dispensing chemist. From time to time the Company may enter into arrangements with other dispensing chemists.
- Republic Of Ireland
5.1 You cannot place orders through the App for the fulfilment of prescriptions and associated delivery of medication in the mail to you in the Republic of Ireland.