TERMS AND CONDITIONS ON USE OF OUR WEBSITE CONSULTDOC.CO.UK
Consultdoc Limited, a company incorporated in England and Wales under company number 13003282 (“Consultdoc Ltd”, “we” or “us”) provides an online service that brings together patients and doctors. It provides this service and related services (the “Services”) through its website at https://consultdoc.co.uk (the “Website”), an online web platform that is accessible via computer, mobile or tablet applications.
Consultdoc is the trading name of Consultdoc Limited.
The provision of services to you by Consultdoc, and your use of our website (or any part thereof) are all subject to these Terms and Conditions (“Terms”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE SERVICES. BY USING ANY OF THE SERVICES, OR BY ACCESSING OUR WEBSITE, YOU ARE AGREEING TO THESE TERMS WHICH INCLUDE, IN PARTICULAR, YOUR CANCELLATION RIGHTS REFERRED TO IN PARAGRAPH 10, THE LIMITATIONS ON CONSULTDOC’S LIABILITY IN PARAGRAPH 15 AND THE PRIVACY NOTICE REFERRED TO IN PARAGRAPH 21.
IF YOU DO NOT UNDERSTAND OR AGREE TO AND ACCEPT THESE TERMS IN FULL, YOU ARE NOT AUTHORISED TO USE OR ACCESS OUR SERVICES AND YOU SHOULD NOT USE THEM.
These Terms form a legal agreement (the “Agreement”) between you and Consultdoc. Please print a copy of these terms for your records and future reference.
IMPORTANT EMERGENCY NOTICE
PLEASE NOTE THAT OUR SERVICES ARE IN NO WAY SUITABLE FOR MEDICAL EMERGENCIES NOR FOR TREATMENT THAT REQUIRES A PHYSICAL EXAMINATION. OUR SERVICE IS NOT FOR TREATMENT OF LONG-TERM HEALTH PROBLEMS SUCH AS DIABETES OR HYPERTENSION. OUR SERVICE IS NOT ABLE TO PRESCRIBE LONG-TERM MEDICATIONS, UNLICENSED MEDICATIONS OR ANY CONTROLLED DRUGS.
IF YOU ARE IN AN EMERGENCY SITUATION OR YOU THINK THAT YOUR CONDITION CAN DETERIORATE TO A SITUATION THAT REQUIRES URGENT OR EMERGENCY TREATMENT, PLEASE CONTACT EMERGENCY SERVICES BY DIALLING 999 OR SEEK OTHER URGENT SERVICES SUCH AS 111.
EXAMPLES OF MEDICAL EMERGENCIES INCLUDE THE FOLLOWING (THIS IS BY NO MEANS AN EXHAUSTIVE LIST):
Loss of consciousness
An acute confused state
Fits that are not stopping
Persistent, severe chest pain
Severe bleeding that cannot be stopped
Severe allergic reactions
Severe burns or scalds
Call 999 immediately if you or someone else is having a heart attack or stroke.
Every second counts with these conditions. Also call 999 if you think someone has had a major trauma. Major trauma is often the result of a serious road traffic accident, a stabbing, a shooting, a fall from height, or a serious head injury.
OTHER IMPORTANT NOTICE
In these Terms the following definitions shall apply:
“Advice” means any advice or information provided (whether through voice or telephone communication, video or electronically via texts/chats) by Consultdoc or a Doctor via our platform;
“Doctor” means any doctor or medical practitioner to whom Consultdoc provides access to via our online platform;
“Nominated Pharmacy” means the pharmacy selected by you at the time of your consultation, or if that pharmacy fails to or declines to accept your prescription for dispensing, the pharmacy nominated by us and notified to you by email; and
“Product” means any physical product that you may order through our website for supply by Consultdoc or by any pharmacy.
2.0 About US
2.1 Consultdoc provides a service that:
Allows users to consult with Doctors via telephone or video consultations through an online platform which is secure for chats, on a paid for and private basis;
Aims to facilitate the purchase by users of non-prescription medication; and
Allows users to choose to collect their prescription or non-prescription medication from any pharmacy of their choosing.
2.2 Consultdoc is regulated by the Care Quality Commission (the “CQC”) under certificate number: CRT1-13452425908. The CQC monitors, inspects and regulates health and social care services.
2.3 All Doctors are registered with the General Medical Council in the UK, and their registration details and status can be found at www.gmc-org.uk. We do not guarantee the availability of any particular Doctor. All Doctors are independent contractors and any Advice provided or offered to you by a Doctor is the sole responsibility of that Doctor.
2.4 All of the pharmacies in the UK are registered with the General Pharmaceutical Council (GPhC) and information about each of them can be found at www.pharmacyregulation.org/registers/pharmacy. If you require further information about a pharmacy, you can contact the pharmacy directly on the number listed for that pharmacy. All prescription medication dispensed by a pharmacy, and all other products and services supplied by a pharmacy, are dispensed and supplied under that pharmacy’s terms and conditions, a copy of which can be obtained directly by contacting the relevant pharmacy. Consultdoc is not responsible for the dispensing, supply and/or delivery of any medication, treatment, product or service prescribed to you.
2.5 The Services and any Advice are provided for non-urgent circumstances or medical conditions only. If you require emergency medical attention, any other treatment that is urgent, a physical face to face examination, or if your situation is not suited to remote communication, we strongly advise that you contact your NHS General Practitioner (“GP”), other medical practitioner or the emergency services. The Services are in no way designed or intended to replace the services of the NHS or services provided by your GP.
We will share your information automatically with your GP unless you specifically opt out of this when using our Services. This is a compliance requirement of the General Medical Council.
2.7 If you need any information or have a complaint about the Website or any of our Services, please contact us by one of the following methods: By post: Consultdoc Limited, 167-169 Great Portland Street, 5th Floor, London, W1W 5PF; or By email: firstname.lastname@example.org or please ask for the Admin Team between the hours of 9.00am and 5.00pm Monday to Friday. If you require assistance for a video consultation booking or require support for an appointment you can speak to us by calling +44 (0)20 3642 6450 between the hours of 9.00am and 5.00pm Monday to Friday.
3.0 Registration and Eligibility
3.1 In order to access the Services, you must register with us and create an account (“Account”). You agree for us to be able to undertake an ID check with an external agency to confirm your identity. It is therefore important that you provide us with correct and accurate details.
3.2 Consultdoc and its Services are intended for use by people resident in the United Kingdom or who are visiting the United Kingdom and need access to an online GP service. All Doctors practice in accordance with UK healthcare regulations and guidelines.
3.3 The Services are intended for all users. However, users under 18 years of age who lacks capacity to consent for our service would require consent from an adult with parental responsibility. We will follow the General Medical Council (GMC) guidance when dealing with young adults. We will decide whether a young person is able to understand the nature, purpose and possible consequences of treatments we propose, as well as the consequences of not having treatment. Only if they are able to understand, retain, use and weigh this information, and communicate their decision to others can they consent to that treatment. That means we must make sure that all relevant information has been provided and thoroughly discussed before deciding whether or not a young adult has the capacity to consent.
When assessing a young person’s capacity to consent, we will bear in mind that:
- At 16 a young person can be presumed to have the capacity to consent
- A young person under 16 may have the capacity to consent, depending on their maturity and ability to understand what is involved. We will assess maturity and understanding on an individual basis and with regard to the complexity and importance of the decision to be made. We know that a young person who has the capacity to consent to straightforward, relatively risk-free treatment may not necessarily have the capacity to consent to complex treatment involving high risks or serious consequences. For example treatment like giving pain killers for headache as against giving oral contraceptives for acne. We are also aware that the capacity to consent can also be affected by their physical and emotional development and by changes in their health and treatment.
For young people who lack the capacity to consent we will ask for their parent’s consent. It is usually sufficient to have consent from one parent according to the GMC guidance.
4.0 Your Account
- You agree, at all times, to provide us with accurate and complete information in your registration and Account, and to update such information as appropriate.
- For security purposes, you must also set a password for your Account. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You can reset your password at any time from within your Account.
You must have available a photo proof of identity (for example a Passport or Driver’s License) to show the Doctor at the start of your consultation. By using this service, you also consent to us making an ID check with an external agency to confirm the details you have provided us. If the Doctor cannot verify your identity or your ID check has failed they may choose to cancel the consultation or be unable to issue a prescription. Please therefore ensure that you provide correct and accurate information.
5.1 Consultdoc provides a service that allows users to consult with a Doctor through secure video chat via a PC, mobile or tablet device ( “Live Consultation”).
5.2 You agree to always provide us, and to provide any Doctors with whom you have a Live Consultation, accurate and complete information about you.
5.3. The Doctor allocated to you and with whom you have a Live Consultation will record the results of the consultation as required by law and regulatory requirements. You agree to review and inform us of anything that you believe to be incorrect or inaccurate. It is not our responsibility to maintain a complete record of all data that may be generated from your use of the Services, and you should not rely on the Services for storage or maintenance of information. In particular, you should create your own record of the results of any consultation you have with a Doctor via our online platform, and of all orders and receipts for Products purchased on our website. We may, at any time at our absolute discretion review and remove any content from the Services or request that you re-register or set up a new account for your continued use of the online platform.
6.1 If you have chosen to collect your medication from a selected Pharmacy, you will be required to present a photo proof of identity (for example a Passport or Driver’s License) to verify your identity. If you cannot verify your identity the Pharmacy may not supply your dispensed medication.
6.2 If you have chosen to have your medication delivered from a selected Pharmacy, you will be required to present a photo proof of identity (for example a Passport or Driver’s License) to verify your identity to the delivery driver. If you cannot verify your identity, delivery of the medication may be returned to the Pharmacy. You will be required to pay for the cost of re-delivery.
6.3 If the Doctor, following a Live Consultation or chat-based message service, and based on his/her medical assessment, decides that you are suitable for treatment, he/she may issue a private prescription that shall be dispensed by a Nominated Pharmacy.
6.4 If the Doctor, following a Live Consultation or chat message service, and based on his/her medical assessment, decides that you are suitable for treatment, he/she may issue a private prescription that shall be dispensed by the Nominated Pharmacy.
6.5 You understand and accept that there is no guarantee that you will be approved to receive a prescription following a chat message service or that a Doctor will issue a prescription for any medication following a Live Consultation. Prescriptions are issued at the sole discretion of the Doctor. Certain types and classes of medications such as controlled drugs (or restricted drugs and substances as classified by The Misuse of Drugs Regulations 2001), specialist drugs, medications that require closer monitoring, drugs such as benzodiazepines, opioids such as morphine, and other classes of drugs regarded as strong painkillers such as a high dose Codeine Phosphate, neuropathic medications such as Pregabalin are considered unsuitable for prescribing online. This is not an exhaustive list, and there may also be other drugs and medication that Doctors will be unable to prescribe. If you require these medications, please do not book an appointment with us as these will NOT be provided and you will still be charged for the consultation.
6.6 If you are approved to receive a prescription following a consultation service, or a Doctor issues you with a prescription during a Live Consultation, we will send you an email attaching a patient information leaflet about the medication that has been prescribed (where available). These patient information leaflets are regularly revised and updated, and we therefore cannot guarantee that we will send you the most up to date version. We recommend that you obtain the latest version of the information leaflet that is relevant to you from the electronic Medicines Compendium (eMC) website at https://www.medicines.org.uk/emc/. A copy of the leaflet is also normally provided with the medication when dispensed by a pharmacy. You agree to contact your GP or other qualified health professional or pharmacist if you do not fully understand anything about the medication you have been prescribed or if you do not fully understand why you have been prescribed that medication or do not fully understand the instructions.
6.7 You agree and consent to Consultdoc sharing basic identification data with the Nominated Pharmacy, for the purposes of enabling the pharmacy to verify your identification on collection of your prescription. The pharmacy will contact you directly to process the prescription, including to confirm your details and, if the delivery option is selected, to arrange delivery.
6.8 All prescriptions that are issued by a Doctor are only valid at approved UK pharmacies.
7.1 Text message Consultations:
The fee for chat or text message service Consultations will vary depending on the request. If this is for follow up from an initial consultation, this will not be charged. However, if this message is for a different condition, then a new consultation will be required.
7.2 Video and telephone Consultations:
The fee for a Live video or telephone Consultation will vary depending on the duration of the session spent with the Doctor. The initial fee of £48 that is charged for an online Live Doctor Video Consultation and is for a thirty (30) minute session. The fee for a Live video Specialist Consultation is £200 and runs for up to forty (40) minute session. The initial fee of £30 that is charged for an online Live Doctor Telephone Consultation and is for a twenty (20) minute session. If, after the initial thirty (30) or twenty (20) minutes, you wish to continue with and extend the consultation, please book a new consultation from your dashboard. Please note, you will not be entitled to any refund if any of the initial thirty (30) or twenty (20) minutes are not used. In certain circumstances, the Doctor may also at his/her discretion extend the length of the Live Consultation at no additional cost. Alternatively you can sign up to a 12-month contract at £13 a month (Exclusive Health Club) for an Unlimited Anytime Live Doctor Video and Telephone Consultation This does not include Specialist Consultation. Alternatively you can sign up to a 12-month contract at £99.99 a month (Premium Health Club) for up to six (6) specialist video consultations in a 12-month period in addition to all other services we offer except the pathology and radiological investigations. You can cancel these contracts free of charge within 14 days if you change your mind and pay the full cost of consultation if you have had a consultation within the 14 days. If you cancel after the 14 days of the commencement of contract you will still need to pay for the full cost of the 12-month or a year’s contract and we will send you an invoice. You will need to make payment within one (1) month of receiving the invoice or you will be taken to a small claims court.
The fee referred to above is for the Live Consultation. In addition to the initial consultation fee advised at the time of booking for the live consultation, if the Doctor offers you any Prescription, you will NOT be charged (subject to your acceptance), a Prescription fee.
All medication prescribed to you during a Live Consultation must be paid for directly to the pharmacy from which you obtain the medication on production of the prescription.
7.3 Additional Services:
Upon request, a Doctor may (at his/her sole discretion) agree to provide sickness notifications or letters, or a referral letter, the contents of which are based on the Doctor’s own judgment and regulatory obligations. The length of any such letter or note will be determined at the sole discretion of the Doctor. Referrals made by a Doctor do not specify a named individual consultant or doctor but are made on an open referral basis.
The fee for each sickness letter is free while other notification or referral letter is £30.00. A sickness letter / notification or referral letter may only be requested during a Live Consultation with a Doctor. If you request a sickness letter / notification or referral letter during a Live Consultation, you will be charged accordingly, and you will not be entitled to a refund once the letter or notification has been issued.
7.4 Delivery charges for medication:
If you order non-prescription medication, or if you are approved to receive a prescription following a text message Consultation, or a Doctor issues you with a prescription during a Live Consultation, you may choose to collect the medication from your Nominated Pharmacy, or have the medication delivered to you. If you choose to have the medication delivered to you, additional charges will apply depending on the nominated pharmacy selected.
8.1 Orders for Live Consultations:
For a Live Consultation, you must make a booking online and choose a time slot. All appointment times are by reference to local UK time.
Following the completion of your order for a Live Consultation, you will receive an email confirming the order has been received. Your request for a Live Consultation will then be sent to a Doctor. We will send you an email confirming the start time of your appointment and containing a link to the Live Consultation which will take place by secure video link (or, if you are experiencing any technical problems, by instant messaging service or telephone). You should receive this email within one (1) hour of making your booking. If you do not receive this email, please first check your email junk folder, and if you still haven’t received the email, please contact us on email@example.com.
All confirmed appointment times are a guide only, and we cannot guarantee that the Live Consultation will commence at the stated appointment time or within a specified time parameter. At times, due to medical emergencies and other reasons beyond our reasonable control, we may also need to change your appointment time. We reserve the right to do so at any time up to the confirmed start time of your appointment. We will, in such circumstances, write to you to agree an alternative appointment time.
On the date and time of your allocated slot, you must click on the link provided to you to commence your Live Consultation. You will also find this link on your Account with us, which you can access by logging in to your Account on the Website or via a mobile or tablet device. The link will become active ten (5) minutes prior to the start of your Live Consultation. The Doctor allocated to you shall be entitled to move on to his/her next appointment if you are more than ten (10) minutes late to your appointment, and you will be considered to have missed your appointment. You will be charged in full for all missed appointments.
Following the end of the Live Consultation, the Doctor will, if required, issue a prescription based on the information you provided to the Doctor during the Live Consultation.
If the Doctor issues a prescription, this will be sent electronically to your Nominated Pharmacy, as elected by you. Your Nominated Pharmacy will advise you of the cost of the medication by email or on collection. All medication prescribed to you during a Live Consultation must be paid for directly to the pharmacy from which you obtain the medication on production of the prescription.
8.2 Non-acceptance of an order:
Your order may be declined if:
- we are unable to obtain authorisation for payment from the card details you have provided to us;
- the request for a prescription is declined by the Doctor (you will be advised of this by email). The Doctor may also request additional information from you by phone or email which must be provided within 24 hours of the request. If you do not provide the additional information within this timeframe, you may still be charged for the Service without a prescription being provided;
- you do not meet the eligibility criteria as set out within these Terms.
9.1 In order to pay for the Services, you will need to provide payment card details when booking an appointment. You must have appropriate authority to use the payment card which you use for payment.
9.2 If you book a Live Consultation, you will need to provide payment card details at the time of booking. You card will be pre-authorised at the time of booking, following which you will be able to access your invoice on your online account for the charges you have incurred.
9.3 You agree and hereby authorise us to either pre-authorise or charge your debit or credit card with any charges for Services or Products that you have purchased from us via our online platform or from a Doctor during a Live Consultation. Any failure of pre-authorisation or authorisation processes will result in the Services or Products not being provided and any booked consultations will be cancelled.
9.4 Payments cannot be made by your employer or insurance company on your behalf unless this has been previously agreed with us.
9.6 Consultdoc does not store any of your payment card details on its systems.
10.0 Your Rights To Cancel an Order
10.1 Orders for non-prescription items:
For most products bought online you have a legal right to change your mind and to receive a refund (Consumer Contracts Regulations 2013) up to 14 days (known as the ‘cooling-off period’) after the day you (or someone you nominate) receives the goods. Please see paragraph 10.4 for details on how to exercise this right.
If you cancel an order for a non-prescription item prior to notification being issued to you that the item has been dispatched or prior to your collection of the item, and you have paid for the item in full, we will reimburse to you all payments received from you in relation to the item, 14 days after the day on which we are informed about your decision to cancel the order.
If you cancel an order for a non-prescription item after notification has been issued to you that the item has been dispatched or after collection of the item by you, the item must be returned to, and received by, your Nominated Pharmacy (in the case of medication) before any refund will be paid.
The item must be returned in the condition you received it, which includes keeping any hygiene seals in place. You will lose your right to receive a refund if you unseal a product that needs to be sealed for health or hygiene reasons. Your entitlement to a refund may also be reduced in the event that non-faulty items being returned are damaged or used in any way. The amount by which your refund may be reduced will be dependent on the decrease in value of your use of the item. You should note that should your use mean that your item cannot be resold, this reduction may be 100%.
Please refer to the returns and refunds policy of your Nominated Pharmacy (in the case of medication) for details on how to return an item you are not happy with, the amount of refund you are entitled to and whether or not you are entitled to a refund of any delivery charges you have paid. Payment of refunds may be withheld until the item has been received.
10.2 Order for Live Consultations:
You may cancel an appointment for a Live Consultation at any time up to 24 hours before the confirmed start time of your appointment without incurring any charges.
Due to the nature of the service, we need to secure a Doctor’s time for a Live Consultation in advance to ensure his/her availability. Accordingly, you agree that if you cancel an appointment for a Live Consultation within 24 hours of the confirmed start time of your appointment, we shall be entitled to charge you a full cancellation fee of £48 which you agree represents the reasonable costs that we will have, by then, already incurred in providing you with the service.
Once a Live Consultation has started, you will be charged in full for the Live Consultation, and each prescription, sickness letter / notification or referral letter issued to you by the Doctor as a result of the consultation, in accordance with paragraph 5 above.
10.3 Cancelling an order:
If you wish to cancel an order for a non-prescription item prior to receipt by you of notification that the item has been dispatched or prior to your collection of the item, or if you wish to cancel an order for a Live Consultation, please call us on +44 020 3642 6450 or email us at firstname.lastname@example.org, and provide your name, home address, phone number and details of the order you wish to cancel). You may use the model cancellation form at the end of these Terms, but it is not obligatory.
If you wish to cancel an order for a non-prescription item after notification has been issued to you that the item has been dispatched or after collection of the item by you, please contact your Nominated Pharmacy (in the case of medication).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
11.0 Problems with the processing of prescriptions, the dispensing of medication by pharmacies.
11.1 Consultdoc has no control over or responsibility for any individual pharmacy, or its policies in relation to the acceptance or processing of prescriptions, the dispensing of medication, or delivery or opening times.
11.1.1 If a prescription issued to you by a Doctor, following a Live Consultation, or an order for non-prescription medication, is not processed, dispensed or (if applicable) delivered to you, or is not processed, dispensed or (if applicable) delivered to you correctly; we recommend that you contact the Nominated Pharmacy immediately. You may, in these circumstances, be entitled to a refund from the relevant pharmacy or other form of compensation. You will not, however, be entitled to a refund, either from Consultdoc or your Nominated Pharmacy, for the fees you have paid for the Live Consultation (see paragraph 7.2 above).
12.0 Accessing the Consultdoc Platform
12.1 Access to the Services relies on you being able to receive data over the Internet via Wi-Fi or a mobile data connection, using a PC, mobile device or tablet. You are responsible for making all arrangements and payments necessary for you to access the Services, including internet and network connections, an appropriate mobile device, and any additional software or hardware required.
12.2 In order to participate in a Live Consultation via our online platform, you will need to ensure that the operating system and browser you are using meet the following minimum specification:
Operating System requirements
Google Chrome 40 or greater
We recommend that you check this prior to the confirmed start time of your Live Consultation, as we will not be able to refund your fee if you are unable to connect to a Live Consultation as a result of the operating system and / or browser that you are using, or if you have a poor internet connection.
For the Internet connection, we recommend a minimum of 1MB/s of available bandwidth, and at least 3MB/s of available bandwidth for the best connection for a Live Consultation.
12.3 In the event of a lost connection, the Doctor will endeavour to contact you to re-initiate the consultation or contact you by telephone.
12.4 You agree and accept that we are not responsible for:
(i) The availability of the internet or any communications network; or
(ii) For any errors caused by transmission of information, data or communication over telecommunication carriers or poor Internet connections.
13.0 Unavailability of the Services
13.1 We will do our utmost to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
13.2 In the unlikely event of a problem with the provision, or the unavailability, of the Services:
(i) We will use our reasonable efforts to restore the Services and rectify any defects;
(ii) You will not be required to pay or (if applicable) you shall be entitled to a refund for any Service or Product purchased where we have caused such defect and we were unable to provide you with the Service or Product following your purchase.
Your use of the Services
14.1 You must not use our services (or any part of it):
(i) in any way that causes, or is likely to cause, the platform (or any part of it), or any access to it, to be interrupted, damaged or impaired in any way, or
(ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or
(iii) to cause annoyance, inconvenience or anxiety.
14.2 We reserve the right to withdraw the Services, terminate your Account, remove or edit any associated content and/or terminate or suspend your access to the Services at any time if you are in breach or we reasonably suspect that you are in breach of any applicable laws, these Terms or any other applicable terms and conditions, guidelines or policies, or if we cease to offer (or change the way in which we offer) our Services. You will not be entitled to any compensation for such withdrawal, removal, termination or suspension. Following termination or suspension of your access to the Services for any reason, we may retain your Account details and other records relating to you for record keeping.
14.3 By proceeding to use our online platform, you agree to the following:
(i) The services provided to you are conditional upon you providing information by completing the consultation questionnaires on our website truthfully and honestly. You must disclose all relevant information truthfully to the best of your knowledge. This applies to both completed questionnaires as well as any other communication with a Doctor.
(ii) The Services and Advice provided to you when you use our platform is based on the information you have supplied. It is your responsibility to ensure this information is accurate and complete and you accept that failure to do so (whether intentionally or not) will affect the Advice given to you and the medicines prescribed to you and, as such, may have consequences for which neither we or any Doctor can be responsible for.
(iii) We cannot accept liability and are not liable for any loss, damage or distress that you may suffer as a result of your failure to follow Advice provided to you when you use our platform or services or from your failure to pass on information to your regular healthcare provider. You accept that the Advice given to you by any Doctor does not replace the advice you receive from your regular healthcare provider. You must tell your regular healthcare provider about any treatment and/or medication that you receive through use of our Platform.
(iv) You agree that you are solely responsible for ensuring that you understand the questions in the questionnaires you complete when using our Platform. If you are unsure about any questions or you do not fully understand the Advice given to you, please do not continue the process any further and instead contact your regular healthcare provider.
(v) If medication is prescribed and dispensed to you, you are responsible for checking that the medication dispensed by your Nominated Pharmacy is the correct medication and that such medicine is not damaged in any way. If in doubt, you must contact the Nominated Pharmacy to seek advice. You must carefully read all product packaging and labels prior to taking any medication or commencing treatment.
(vi) Where you are being provided with Services that involve a Doctor who you know, are connected to or who works at a practice where you are registered under the National Health Service (NHS), you must immediately notify that Doctor, who will then arrange for another appointment with an alternative Doctor. The Services cannot be used to replace a service provided by the NHS.
14.4 By registering with us, and placing an order through our website or platform, you warrant and represent to us that:
(i) you are legally capable of entering into binding contracts;
(ii) you are resident in the UK;
(iii) you are at least 18 years old or consent given by an adult with parental responsibility if you are under 18 years of age;
(iv) you are accessing the GPS System from within the UK;
(v) you have not registered with us more than once and only for yourself;
(vi) you have provided your legal name and permanent address;
(vii) you have answered all questions truthfully and fully and you have not omitted anything of importance; and
(viii) you have not completed the questionnaires on behalf of anyone other than yourself not including children.
14.5 You further undertake that:
(i) you will not take part in a Live Consultation or use the Services on behalf of anyone other than yourself or your own child;
(ii) you will comply with any instructions given in relation to any prescription provided to you including in particular route of administration, timing and dosages, and you will promptly report any side effects of any prescription to a Doctor;
(iii) you will not use any medication prescribed to you after its expiry date;
(iv) you will immediately notify us or the Doctor with whom you have a Live Consultation if any information held on the System about you is inaccurate or incomplete;
(v) in the interests of maintaining privacy and security of information, you will not make any private copies of any recordings of consultations or allow anyone other than yourself to access information from your Account;
(vi) if you have any concerns or doubts about any Advice you receive or fail to receive as a result of using the Services, you will seek immediate medical help from the emergency services or your GP or other registered health professional; and
(vii) you will not permit any unauthorised person to access your prescription or use medication prescribed to you.
15.0 Limitation of Liability
15.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms shall affect your statutory rights.
15.2 Except as may be expressly set out in these Terms, all conditions, representations and warranties relating to the Service or Platform are excluded to the maximum extent permitted by law.
15.3 We shall not be liable for any defects or errors in the System or the Services, nor interruptions in or unavailability of the Services, nor any breach of any obligations due to a cause beyond our reasonable control.
15.4 Subject to paragraph 15.1 above, and to the extent permitted by law, neither Consultdoc, any Doctor or any third parties involved in or connected with the provision of the Services shall be liable for:
(i) any loss, damage or distress arising from reliance on information or reliance on availability of the Services; or
(ii) any indirect, consequential or economic loss, damage or distress (including any such loss, damage or distress arising from unauthorised use of or damage to your data or content), incurred by you or any user of the Services as a result of using the website or Platform.
15.5 Subject to paragraph 15.1 above, and to the extent permitted by law, neither Consultdoc, any Doctor or any third parties involved in or connected with the provision of the Services shall be liable for any loss, damage or distress or damages arising in circumstances where the Services, Advice or Products are used for any treatment that is urgent, is an emergency or where a physical face to face examination is required or where the issue is suited to non-remote communication. We advise that, in any of these circumstances, you contact your GP, other medical practitioner or the emergency services.
15.6 Consultdoc is a distinct and separate entity to:
15.6.1 Any pharmacies listed on the internet, including any Nominated Pharmacy;
15.6.2 any other third party referred to in these Terms as a supplier of Products.
15.7 In the circumstances, and to the extent permitted by law, Consultdoc disclaims any liability for any acts or omissions of these pharmacies. Consultdoc has no control over or responsibility for any individual pharmacy, or its policies in relation to the acceptance or dispensing of prescriptions, the supply of other products and services, or delivery or opening times.
15.8 All Doctors are also independent contractors and any Advice provided or offered to you by a Doctor is the sole responsibility of that Doctor. In the circumstances, and to the extent permitted by law, Consultdoc does not warrant or make any representation as to the Advice provided by any Doctor, and disclaims any liability for the acts or omissions of any Doctor.
15.9 Without prejudice to the exclusions and other limitations on our liability, our total liability to you in connection with the Services whether under contract, tort, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed £1,000.
16.0 Content on the Consultdoc Website
16.1 Consultdoc does not warrant or make any representation as to the accuracy of any information or advice or any material or links to any articles or publications on the Website. Consultdoc provides the service of connecting users to a Doctor and via its online Platform, and does not directly or indirectly undertake any form of medical practice. Any information provided on the Website is for educational and informational purposes only, and none of it should be construed or relied upon as medical advice, unless it is directly provided to you by a Doctor.
16.2 Consultdoc does not accept any responsibility for any loss which may arise from reliance on any information contained on the Website.
17.0 Intellectual Property Rights
17.1 You acknowledge that Consultdoc, and all content published and / or stored on it, are protected by copyright, database rights, trade marks and other intellectual property rights of us and our licensors, as applicable, and all rights not expressly granted to you are reserved to us and our licensors.
17.2 We hereby grant you a non-exclusive and non-transferable licence to:
(i) use the Consultdoc Platform;
(ii)to access the information and data stored on its System.
17.3 You may not use the website or the Services in any way incompatible with their intended purpose nor in any unlawful or unauthorised manner and, in particular, you may not:
(i) modify, adapt, reverse engineer, decompile or disassemble, create derivative works of, publish, distribute or commercially exploit our website (or any part of it) or any content of the Services; nor
(ii) remove any copyright or proprietary notices on the Website or the content of the Services; nor
(iii) use, distribute or disclose confidential, personal or sensitive information within the content of our website or the Services without appropriate authority; nor
(iv) make any unlawful or unauthorised use of our (or our service providers’) equipment, networks, systems or software (including attempting to gain unauthorised access, introducing any computer virus or malware, or inhibiting their operation).
18.0 Links from the Website
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
19.0 Communication – Written/Email
19.1 You accept that communication with us will be mainly electronic and where such information would normally under applicable laws be required to be sent to you in writing you waive this right and agree to receive any such information from us electronically. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Consultdoc Limited can be contacted by writing to Consultdoc Limited, Base Bordon Innovation Centre, Broxhead House, 60 Barbados Road, Bordon
Hampshire, GU35 0FX or by emailing us at email@example.com.
20.1 We may make changes to our Platform, any content or material published on the website, the Services or these Terms at any time at our absolute discretion. Depending upon the changes we may require you to read and accept a new agreement for you to continue to use the website and our Services.
20.2 If reasonably requested by us from time to time (by means of a notice within the Services, on the website), you agree to install and use an upgraded version of your mobile or tablet application in place of your current version.
21.0 Use of your Personal Information
21.2 In particular, any personal information relating to you that you provide to us or that is generated as a result of your use of the Services (e.g. the results of any consultation with a Doctor) may be used to:
(i) provide the Services, Advice and/or Products purchased;
(ii) provide information to other healthcare providers and professionals;
(iii) take payment for the Services and/or Products purchased;
(iv) provide relevant information to Doctors and Nominated Pharmacies involved in conducting consultations with you and / or dispensing prescriptions;
(v) detect or prevent fraudulent activity; and
(vi) comply with requests by any regulatory authority.
21.3 If you have any concerns in relation to the way we are using your personal data, please contact us at firstname.lastname@example.org
22.0 Feedback / Complaints
22.1 If you wish to provide us with any feedback, please email us at email@example.com.
22.2 In the event that you wish to make a complaint, you may do so by emailing us at the email address noted above or by writing to us at Consultdoc Limited, 167-169 Great Portland street, 5th Floor, London, W1W 5PF. We request that all complaints are made in writing and as soon as possible after the event so that we may establish what occurred in a timely manner.
22.3 We will allocate a senior member of our team to deal with the issue raised in your complaint. The senior member of our team allocated to your complaint will investigate every aspect of the complaint and discuss it with all those concerned or involved.
22.4 We endeavour to resolve all complaints quickly. We will acknowledge your complaint within three (3) working days and will aim to have it fully investigated within twenty (20) working days from the date we receive it. We will write to you to let you know of any delays to this timescale.
22.5 Upon completing our investigation, you will receive a letter setting out the outcome of our investigation into the complaint. We will ensure that you receive an apology if appropriate, and we will take any and all actions necessary and reasonable to ensure that problem is not repeated.
23.1 All provisions of this Agreement which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property restrictions and on-going use of your data.
23.2 Termination of this Agreement or the Services shall not affect accrued rights and liabilities of you or us up to the date of termination.
23.3 No provision of this Agreement is intended to be enforceable by any person other than you and us.
23.4 We may, without your consent, sub-contract provision of the Web Ordering Tool and the Services or sub-license our rights under this Agreement or our third party service providers.
23.5 We may, without your consent, assign or transfer any or all of our rights and obligations under this Agreement to any successor in title of all or part of the Web Ordering Tool, the Services, or intellectual property or other rights or obligations subsisting in relation to the same.
23.6 No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
23.7 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
23.8 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. Nothing in this paragraph clause shall limit or exclude any liability for fraud.
23.9 If any provision of this Agreement is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.
24.0 We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
24.1 This Agreement is governed by the laws of England and Wales, and only the courts of England and Wales shall have jurisdiction to hear any disputes arising in connection with it.
(Complete and return this form only if you wish to withdraw from the contract)
By post to:
Consultdoc Limited, 167-169 Great Portland street, 5th Floor, London, W1W 5PF
Or by email to:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
If you have a Medical Emergency, please call 999 or NHS 111. Do not use this service