These Terms and Conditions (“Terms”) will apply to our supply of the Service (as defined in clause 1 below) to persons who register on the Platform (“User”, “you”) and their dependants. Please read these Terms carefully and make sure that you understand them. You will be asked to agree to these Terms before registering on the Platform (as defined in clause 1 below). If you refuse to accept these Terms, you will not be able to register to use the Platform to access the Service.
For the purposes of these terms, we have used the following phrases:
“Data Protection Laws” means the General Data Protection Regulation 2016 (GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK, including the Data Protection Act 2018; and then any successor legislation to the GDPR or the Data Protection Act 1998.
1. Description of the Service
Doctor Care Anywhere is an online video and telephone medical consultation, information, prescription and referral service (the “Service”).
- We are Doctor Care Anywhere Limited, a Limited company registered in England and Wales with company number 08614024 and whose registered address is Doctor Care Anywhere, Second Floor, Harmsworth House, 13-15 Bouverie Street, London, EC4Y 8DP ("Doctor Care Anywhere", "we", "us" and "our")
- Doctor Care Anywhere delivers the Service from our website www.doctorcareanywhere.com (the "Website") and the Doctor Care Anywhere app, together a tele-healthcare cloud-based platform (the “Platform”)
- Your use of the Platform and Service will be subject to these Terms and by using the Platform and Service you agree to be bound by them.
- If you enrol in the services and use the Platform and the Services and have extended your enrolment to include your dependants, you are responsible for ensuring that you are authorised to provide us (and our subcontractors) with those dependants’ personal information and you will indemnify us if you do not have such authority.
- You may also have access to the Service through a partner organisation of Doctor Care Anywhere, such as through:
- a benefit in an employee healthcare scheme with your employer,
- an organisation membership benefit scheme with organisations like retailers, or
- your insurance policy with your insurer,
each “a Healthcare Scheme” provided by a “Partner” of Doctor Care Anywhere. Where you are receiving the Service through a Healthcare Scheme, your right to use the Service shall also be subject to and in accordance with the rules of the Healthcare Scheme. In the event of any inconsistency or conflict between these Terms and the rules of the Healthcare Scheme, these Terms shall take precedence.
- Doctor Care Anywhere does not provide any emergency services or care for acute medical conditions or where treatment / diagnosis in-person is required. Doctor Care Anywhere may directly refer you for appropriate In-Person services provided by independent providers or affiliate partners with your consent.
- The Service is in no way designed to replace the services of your in-person NHS or private General Practitioner ("GP") or a hospital.
- You may be issued with a prescription for medicine by a Doctor Care Anywhere doctor; you may also be prompted by us to use a pharmacy partner for delivery or fulfilment of prescription medicines. The doctor will use all reasonable efforts, based on the medical history you have provided and the symptoms you describe, to prescribe medicine appropriate for your condition. However, Doctor Care Anywhere shall not be responsible for ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed by the doctor. Doctor Care Anywhere is also not responsible for any instructions in relation to the medication provided by a pharmacist or anyone else associated with the provision of medication you have been prescribed.
- Doctor Care Anywhere is regulated by the Care Quality Commission ("CQC"). Further details of Doctor Care Anywhere’s registration can be found on the Care Quality Commission website.
- All material contained on the Platform (including names, trademarks, wordmarks, logos, pictures, diagrams and look-and-feel) is the property of Doctor Care Anywhere and/or its Partners or licensors. Nothing contained on the Platform or made available through the Service should be construed as granting any licence or other right of use without the express written permission of Doctor Care Anywhere
- The Platform is the property of Doctor Care Anywhere and you have no right to modify, reproduce, copy or otherwise exploit it or any portion of it and any unauthorised use will terminate any right to use it.
2. Criteria to Use the Service
- Use of the Service is open to residents and citizens of any nationality, except residents or citizens of the United States of America who are in the United States of America at the time of having an appointment (an “Appointment”).
- If you are a citizen of any country other than the United Kingdom, you acknowledge that:
- the Service provides access to doctors and GPs who are fully qualified to work in the UK, are GMC registered and are on the UK GP register; and
- in accordance with clause 24.5, these Terms are governed by the laws of England and Wales and the English courts will have exclusive jurisdiction for any legal proceedings relating to the Service, to the extent permitted by applicable law.
- Doctor Care Anywhere will ensure it has validated the identity of any individual before they have an Appointment on the platform. Doctor Care Anywhere, in compliance with regulatory requirements, will not be able to provide an Appointment to certain existing or new members until an identity verification process has been completed and may sign post you to alternative services (NHS or private) if you have healthcare concerns in the meantime. In this case, validate means the confirmation of an individual’s identity in the following ways:
- Through the verification against an acceptable photographic identification document: passport; driving license; or national identity card, cross checked with the patient account profile photograph.
- Through the provision of a validated data file received by Doctor Care Anywhere from an employer or corporate where those individuals have had their identity checked for the purposes of employment or KYC (know your customer activity).
- By checking the patient against national databases (electoral role, credit card, phone records) using an identity checking service and/or against the NHS Patient Demographic Service (“PDS”). By agreeing to these terms, you agree to our instructing such third-party identity checking services on our behalf.
- The Platform and Service can be used by all independent adults over the age of 18 years old who are eligible users/subscribers of the service.
- Adults can use the Doctor Care Anywhere platform to discuss healthcare concerns regarding their children under the age of 18, only when the child is eligible and registered for the service. Adults with access to multi-person policies can add their children to their account during registration or via the ‘Manage my account’ section of their profile.
- Before an adult can book an appointment for a child, they must submit documentation proving their parental responsibility and/or guardianship for that child (e.g. child’s passport where the surname matches that of the adult, birth certificate or guardianship letter). Doctor Care Anywhere will verify this relationship before activating the child’s account so that it is available to use.
- By adding personal data on behalf of another, you agree that it’s your responsibility to ensure that:
- you are authorised to provide that data;
- the data is accurate and up-to-date.
- Adult main policy holders will have access to their child’s Doctor Care Anywhere healthcare record according to the following criteria: (as per the GMC guidelines)
When we say “Children” we mean younger children who lack maturity and understanding. This makes it harder for them to make important decisions for themselves.
When we say “Young Person / People” we mean older or more experienced children. This group can make decisions for themselves.
- When Children are aged under 11, the main account holder will have full access to the child’s account upon the completion of verification checks;
- When Children are aged between 11-16, they are deemed to have the capacity for consent, they can request to receive care in confidence, at which point the medical record in whole or part can be withheld from the adult.
- When a Young Person is aged between 16-18, it is legally presumed they have the capacity to make decisions about their own care. The Young Person is therefore asked for their consent to share their medical notes with their parent at the end of each consultation. If consent is declined, the parent will not be able to view the notes for that consultation.
A parent has the option to approve the Young Person for an independent Doctor Care Anywhere account or the Young Person can request this. The Young Person will be invited to nominate their own password and the adult policy holder will no longer have access to the Young Person’s healthcare record upon the completion of this process.
- Children and Young People must be initially registered under a verified adult parent account.
- Subject to clauses 2.1, 2.2 and 2.3, you may book and attend an appointment via the Platform with a Doctor Care Anywhere Doctor (as defined in clause 18.1 below) (an “Appointment”). Doctor Care Anywhere does not take any responsibility for differences between healthcare regulations and variations in different countries. Doctor Care Anywhere Doctors practice in accordance with UK healthcare regulations and guidelines.
- It is your responsibility to ensure that it is lawful to access the Platform and use the Service in the country in which you are located at the time of an Appointment. Doctor Care Anywhere accepts no responsibility for the use of the Service or access to the Platform in any country where it is unlawful to do so.
3. Patient Data
For the purposes of the Data Protection Laws the data controller is Doctor Care Anywhere.
If you are receiving the Service through a Healthcare Scheme, we will disclose some information to the Partner as set out in this clause 3.
To allow the relevant Partner providing you with the Healthcare Scheme to verify your eligibility to use / continue to use the Service, to check you are happy with the Service you are receiving, for analytical purposes and to assist such Partners in improving their products, processes and services, Doctor Care Anywhere may share with that Partner:
the fact you have registered and/or subscribed to the Service; and
if you are no longer registered and/or subscribed to use the Service.
Except for the purposes set out in clause 19.4, Doctor Care Anywhere will not share with any Partner nor anyone else whether or not you have booked an Appointment nor any information shared with the Doctor Care Anywhere Doctor during the Appointment unless, where appropriate, you explicitly consent to us or the Doctor Care Anywhere Doctor doing this in order to facilitate an application for benefit with the Partner where further medical information may be required to confirm your eligibility for benefit.
The information referred to in clauses 3.4 will not be used by any Partner to adversely impact your current or future insurance underwriting, premium or cover eligibility.
If you have previously given your consent or indicated that you do not object to your information being used for marketing purposes by one of our Partners, that Partner may also use information shared with it by Doctor Care Anywhere, for marketing purposes. If you change your mind, you can tell the Partner not to use your information for marketing purposes by following any unsubscribe instructions on any communications sent to you. You can also exercise this right at any time by contacting the relevant Partner.
Doctor Care Anywhere will make audio and video recordings of your Appointment for clinical governance purposes which will be treated as confidential and will be held strictly in accordance with, and as long as required, under Data Protection Laws and our internal policies and procedures.
Whilst Doctor Care Anywhere may strongly encourage you to inform your NHS GP of any health concerns you may have discussed with Doctor Care Anywhere, we will not share information with your NHS GP unless we have your express permission or there is an overriding public interest in disclosing the information without your consent. This is in accordance with the General Medical Council's guidance which may from time-to-time change.
Doctor Care Anywhere may share aggregated anonymised data with third parties, including with the Partner providing you the Healthcare Scheme, in order to monitor the Service and ensure a consistent quality and safety of Service to patients.
- Doctor Care Anywhere may use and may share with the Partner providing your Healthcare Scheme, anonymised comments, feedback and testimonials left on the Platform or in-patient surveys for marketing and Service monitoring purposes.
4. Changes to these Terms
- changes in relevant laws and regulatory requirements; and
- where we in our discretion deem a revision necessary or desirable and notify you of such a revision.
5. Changes to the Platform
We may update the Platform from time to time, and may change the content and Service offered through it at any time, to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Service. We will not make any changes to the Service, which will adversely affect you, without notifying you first.
While every effort is made to avoid errors or omissions with strict performance, security, quality controls and monitoring in place, we are unable to guarantee that the Platform, or any content on it, will be free from errors or omissions.
Any feedback information provided by Users of the Platform may be used by Doctor Care Anywhere to improve the quality of service.
6. Accessing the Platform
- While every effort is made to avoid interruptions or unavailability with strict performance, security and quality controls and monitoring in place, we are unable to guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis.
- You are responsible for making all arrangements necessary for you to have access to the Platform.
- Any medical information given on the Platform whether written, stated or implied, is for information purposes only. The information is provided "as is" and without warranty of any kind by Doctor Care Anywhere.
- Performance statistics and user/patient feedback cited on the Website are based on Doctor Care Anywhere reporting in-house or third-party surveys and are subject to change without notice.
- By using the Platform and Service, you agree that any information you provide is true and accurate, is not misleading, and is offered in good faith.
- You are only permitted to access the Platform and use the Service for domestic and private use. You agree not to use the Service for any commercial, business or re-sale purpose.
- By signing up to these terms and registering on the Platform, you agree to receive service update communications by email and/or text message which will contain important information about your appointments, the Platform and the Services.
7. Your account and password
- When you register on the Platform, you will be provided with, a user identification code, password or other pieces of information as part of our security procedures. You must treat such information as confidential and must not disclose it to any third party.
- Doctor Care Anywhere has the right to disable any user identification code or password, whether chosen by you or allocated by Doctor Care Anywhere, at any time, if in Doctor Care Anywhere’s reasonable opinion you have failed to comply with any of the provisions of these Terms.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Doctor Care Anywhere at firstname.lastname@example.org
- We do not guarantee that the Platform will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and hardware in order to access the Platform. You should use your own virus protection software.
- You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
9. Linking to our Website
- You may link to the Website's home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not establish a link to the Website in any website that is not owned by you.
- The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page.
- We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of content on the Website other than that set out above, please contact us at email@example.com
10. Third party links and resources in the Platform
- Where the Platform contains links to other websites, services 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 Doctor Care Anywhere accepts no responsibility for your use of such websites, service or resource.
11. Types of Membership
- There are three ways you can use the Service, as a:
- Pay As You Go Member: Self-Paying Member who pays on a per Appointment basis;
- Subscriber: Self-Paying Member who has purchased a subscription to use the Service (“Subscription”); and
- Healthcare Scheme Member: A User who receives the Service as a benefit under a Healthcare Scheme provided by a Partner.
- For the purposes of this clause, a “Self-Paying Member” is a User who is required to make payments for the Service directly to Doctor Care Anywhere. Where you would otherwise be required to make payments for the Service directly to Doctor Care Anywhere but are purchasing an Appointment or a Subscription using an offer provided under a Healthcare Scheme (“Offer”), you are a Self-Paying Member for the purposes of these Terms.
12. Pay As You Go
- Where you are a Self-Paying Member, you may purchase Appointments on a per Appointment basis. The cost of an Appointment is set out on the Platform and may vary from time to time.
- Where you are a Self-Paying Member, you may purchase a Subscription via the Platform on an individual or family basis. The cost associated with purchasing a Subscription (which may vary from time to time) (the “Subscription Fee”) and details about how it works are set out on the Platform. The Subscription Fee is payable upfront for the entire Subscription Period (as defined in clause 13.2 below).
- A Subscription can be purchased on a monthly plan, subject to a minimum 3-month term followed by a rolling monthly period, or an annual plan (the “Subscription Period”). Save where you are using an Offer, at the end of the first and any subsequent month or at the end of the first and any subsequent year of your Subscription, your Subscription will renew automatically, unless you notify us before 23:59 on the renewal date that you want to cancel or do not want to automatically renew through your account settings. We will send you a reminder before the renewal date about your right to cancel or not to renew. Unless you notify Doctor Care Anywhere in accordance with the above, you understand that your Subscription will automatically renew, and you authorise Doctor Care Anywhere, without further notice to you, to collect the applicable Subscription Fee using payment card details we have on record for you.
- Where you are using an Offer representing a free or discounted Subscription period (which may be shorter than the Subscription Period), you will be contacted at the end of that period to notify you that your Offer is expiring. You may also receive an invitation at this point from Doctor Care Anywhere or the relevant Partner to renew your Subscription on a paid basis. Unless you notify us through your account settings before the time of 23:59 on the final day of your free or discounted Subscription period, your Subscription will automatically renew on a paid basis in accordance with clause 13.2.
- If all payment cards Doctor Care Anywhere have on file for you are declined for payment of your Subscription Fee, your Subscription will be cancelled. If you provide Doctor Care Anywhere with a new card and are successfully charged, your Subscription period will be based on the original renewal date and not the date of the successful charge.
- A Subscription will be for the purchasing individual plus the number of family members chosen (i.e., profiles). Details for each individual to be covered under the Subscription will be recorded. Each individual will have their own profile. Where an individual is under 18 but has a profile under the Subscription they must be accompanied by their legal guardian and be registered as a User when using the Platform.
- Doctor Care Anywhere reserves the right to cancel a Subscription, without refund, and seek legal advice if there is any abuse of the Subscription, e.g., allowing a non-family member or an additional family member not registered under the Subscription to use the Service or making false claims.
- Subject always to Doctor Care Anywhere’s Fair Usage Policy as detailed in clause 15.5 below, a Subscription entitles each User to an ‘unlimited’ number of Appointments during the Subscription Period. Where a User is reasonably deemed by Doctor Care Anywhere to be in serious breach of the Fair Usage Policy, Doctor Care Anywhere reserves the right, in addition to denying a User access to the Platform or the Service in accordance with clause 15.5, to cancel the User’s Subscription. The User will have the choice to purchase a new Subscription at this point, no longer use the Service or pay for further Appointments.
Cancellation of Subscription
You may cancel your Subscription with Doctor Care Anywhere and receive a full refund if you do so within 14 days ("Cooling Off Period") after the day on which you purchased your Subscription. Doctor Care Anywhere reserves the right to charge for Appointments made during the Cooling Off Period at the price quoted on the Platform.
After the “Cooling Off Period", you may cancel your Subscription with immediate effect if:
- Doctor Care Anywhere breaches these Terms in any material way and does not correct or fix the situation within 14 business days of you asking us to in writing;
- Doctor Care Anywhere goes into liquidation or a receiver or an administrator is appointed over its assets;
- Doctor Care Anywhere changes these Terms under clause 4 to your disadvantage; or
- there is a risk of substantial delay caused by an event outside of our control.
- In such circumstances we will refund you a pro rata amount of your Subscription Fee based on the remaining period of your Subscription.
- If you cancel your Subscription for any other reason, we will refund you a pro rata amount of your Subscription Fee based on the remaining period of your Subscription, but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Subscription early. This deduction will comprise an administration fee of up to £20 and may, if we consider you acted in breach of our Fair Usage Policy during your Subscription, also include a sum to reflect our likely loss as a result.
- Where you are using an Offer to purchase a Subscription, your refund on cancellation of the Subscription (as referred to in clause 13.9 above) will be based on the amount you paid for your Subscription. If your Subscription using the Offer was free, you will not receive a refund.
- If you wish to cancel your Subscription as above, please contact us using the contact details in clause 26 at the end of the Terms.
14. Healthcare Scheme Membership
- Where you receive the Service as a benefit under a Healthcare Scheme your use of the Service will also be subject to and in accordance with the rules of that Healthcare Scheme.
- The Healthcare Scheme will detail how many Appointments you are entitled to before you become a Self-Paying Member.
- Your right to cancel your membership of your Healthcare Scheme will be in accordance with the terms and conditions of such scheme.
15. Payment for Self-Paying Members
- This clause 15 is only relevant if you are a Self-Paying Member.
- The price of an Appointment and the Subscription Fee will be quoted on the Platform. Prices include any applicable taxes which might apply and are liable to change at any time, but any changes will not affect any existing Appointment already booked or Subscription already in place.
- Where you are using an “Offer”, the promotion included within the Offer will be applied against the price of the Appointment or Subscription quoted on the Platform.
- Payments for all Appointments must be made to Doctor Care Anywhere by credit or debit card on the checkout page. Doctor Care Anywhere accepts most major credit and debit cards.
- You should be aware that online payment transactions are subject to validation checks by your card issuer and Doctor Care Anywhere is not responsible if your card issuer declines to authorise payment for any reason. If such payment is not authorised, your right to the booked Appointment shall be cancelled. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. Doctor Care Anywhere is not responsible for this.
- By making an Appointment you give Doctor Care Anywhere express consent to provide the Service to you in your chosen time slot and within any cancellation period provided by any English laws or regulations.
- You may book an Appointment with a Doctor Care Anywhere Doctor via the Platform. The Appointment will occur via telecommunications or video conference. Appointments will typically be offered between the hours of 8am to 10pm local UK time, however extended hours may be available at our discretion. You can access the appointment booking system to book an appointment, 24 hours per day, 365 days a year.
- When booking your Appointment, you will be required to provide details about your health concern, location and time-zone and then select a time slot in which you would like to attend your Appointment. All appointment times are displayed in accordance with your selected Appointment time-zone, so you do not need to calculate the time-zone time difference. It is your responsibility to ensure that you select a country and time-zone that will match your location at the time of the appointment.
- You may check and correct any input errors in your Appointment order up until the point at which you submit your request for an Appointment by clicking the "Confirm Appointment" button on the checkout page. Appointments are automatically accepted, however Doctor Care Anywhere is not obliged to accept your Appointment and may at our discretion cancel a booked Appointment.
- When you click the "Confirm Appointment" button, we will send an email confirming the appointment details to your registered email address.
- Ten minutes before your Appointment you will receive an email and text message notification that your Appointment is about to start.
- It is your responsibility to be available to speak to a doctor by your chosen method at the time of the Appointment, and for:
- video Appointments, it is your responsibility to ensure you are signed in to the waiting room prior to your Appointment, following the instructions to test both video and voice are functioning. You will receive a pop up inviting you to join your Appointment when the Doctor is ready.
- telephone consultations, the Doctor Care Anywhere Doctor will call you on your chosen number.
- Doctor Care Anywhere reserves the right to deny any person access to the Platform or the Service in the event that that person makes excessive use of the Service in the reasonable opinion of Doctor Care Anywhere and/or relative to typical usage patterns in the reasonable opinion of Doctor Care Anywhere (the “Fair Usage Policy”) or is abusive or acts inappropriately to any Doctor Care Anywhere Doctor or any employee or agent of Doctor Care Anywhere. Inappropriate acts include, without limitation:
- inappropriate, abusive, offensive behaviour or remarks; or
- ‘time-wasting’, which shall include cancellations under clauses 17.3, 17.5 and 17.6. In the event of excessive, inappropriate or abusive use, Doctor Care Anywhere reserves the right to terminate provision of Service and use of the Platform (including deletion of the user’s account and information) immediately upon notice.
- During your Appointment, your Doctor Care Anywhere Doctor may advise that a follow up appointment may be necessary, within a certain period. It is your responsibility to book the follow up appointment. Doctor Care Anywhere will remind you by email and text message if the follow up Appointment is not booked, up to and including the last day of the period.
- At the Doctor Care Anywhere Doctors discretion and as required, they may contact you by any of your contact methods, including email, phone, post or text message as part of the Service, prior, during and after the appointment.
17. Amending and cancelling Appointments
- You may cancel an Appointment at any time up to 12 hours prior to the time at which your Appointment is due to begin and, if you are a Pay As You Go Member, you will receive a full refund of any monies which you have paid. There is no refund if you are not a Pay As You Go Member.
- If you cancel within 12 hours of the Appointment or once the Appointment has begun, Doctor Care Anywhere reserves the right to restrict future bookings or to decline the Service. There is no refund of any monies paid whether or not you are a Pay As You Go Member.
- You may amend the time slot for your Appointment at any time up to 2 hours prior to your chosen time slot.
- If you amend the time slot within 2 hours of your Appointment, this will be deemed a cancellation and there is no refund of any monies paid whether or not you are a Pay As You Go Member. In such circumstances, Doctor Care Anywhere reserves the right to restrict future bookings or to decline to provide any further Service.
- If you are late for an Appointment, the Doctor Care Anywhere Doctor reserves the right to either cancel or to continue with the Appointment. In the case of cancellation, there will be no refund whether or not you are a Pay As You Go Member and you may be asked to rebook for another Appointment. In the case of either cancellation or continuation, Doctor Care Anywhere reserves the right to restrict future bookings or to decline to provide any further Service.
- In the event that your Offer or Healthcare Scheme provides you with a limited number of Appointments any Appointment cancelled, amended, or for which you are late in accordance with clauses 17.2., 17.3., 17.4. and 17.5 above, will count towards your total allocation of Appointments permitted within your Offer or Healthcare Scheme.
- To cancel or amend the time of your Appointment as above, you must follow the cancellation process documented on the Platform.
- If you have not been able to attend the Appointment because the Platform is unavailable due to a technical fault caused by Doctor Care Anywhere, then Doctor Care Anywhere may offer you a refund if you are a Pay As You Go Member. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets the necessary technical specifications to enable you to access and use the Platform and the Service (Doctor Care Anywhere provides information on supported browsers on the Platform). Any failure by you to attend an Appointment because your equipment does not meet the necessary technical specifications will not lead to Doctor Care Anywhere providing you with a refund even if you are a Pay As You Go Member.
- Where you are a Pay As You Go Member using an Offer to purchase an Appointment, your refund on cancellation of the Appointment will be based on the amount you paid for your Appointment. If your Appointment using the Offer was free, you will not receive a refund and you will not be able to book an alternative Appointment using the same Offer.
- If a refund is due, Doctor Care Anywhere will usually make any refund to you using the same method used by you to purchase the Appointment, unless agreed otherwise.
- If you have booked an Appointment but subsequently wish to cancel your Subscription, Doctor Care Anywhere reserves the right to charge for the Appointment at the Pay As You Go Member rate quoted on the Platform if the Appointment is fulfilled by yourself and the Doctor Care Anywhere Doctor.
- Doctor Care Anywhere doctors are GPs who are fully qualified to work in the UK, are GMC registered and are on the UK GP register. They undergo external appraisals in accordance with standard practice for UK health professionals, receive bespoke training in virtual consultation skills and are monitored and appraised internally by the Doctor Care Anywhere clinical leadership team.
- The Doctor Care Anywhere Doctors are all covered with specific tele-consulting medical indemnity insurance.
- The information and advice provided by a Doctor Care Anywhere Doctor during an Appointment should be used to increase your awareness of the options you may have available to you. By its nature, a virtual Appointment may not be sufficient in certain circumstances for your needs and is unlikely to be appropriate or sufficient for emergency conditions, where a physical examination or intervention is likely to be required or where the issue is not suited to remote Appointment. We strongly recommend you share and/or discuss the information from your Appointment with your local doctor/GP and that you return to your local doctor/GP to discuss any significant differences in recommended medical treatment and your concerns about previous medical treatments by your local doctor/GP.
- The information and advice provided by a Doctor Care Anywhere Doctor during an Appointment is based on the information you have supplied to Doctor Care Anywhere. It is your responsibility to ensure this information is correct and complete and you accept that failure to do so (whether intentionally or not) may affect the information and advice the Doctor Care Anywhere Doctor gives to you and, as such, may have consequences for which we are not responsible.
- In the event that you do not fully understand any information given during your Appointment, it is your responsibility to raise this during your Appointment and the Doctor Care Anywhere Doctor who will seek to clarify matters for you.
19. Private Prescriptions
- Doctor Care Anywhere Doctors may issue private prescriptions for medicines only when in their professional judgment it is in your best interests to receive the medicine in accordance with the Doctor Care Anywhere prescribing guidelines that comply with General Medical Council Guidelines on remote prescribing and essential standards of quality and safety as interpreted by the Care Quality Commission. Doctor Care Anywhere may refuse to prescribe medicines when they believe it is not in your best interests to receive medicines without the benefit of an in-person consultation. Doctor Care Anywhere strongly advises you to share information with your regular doctor/GP about any private prescriptions you receive.
- Certain classes of medications such as specialist drugs, medications requiring close monitoring or controlled drugs (for example benzodiazepines such as sleeping tablets, and opioids such as morphine) and other classes of strong pain killers (for example high dose Codeine Phosphate) are not suitable for online prescribing. This is not an exhaustive list and the Doctor Care Anywhere Doctor may advise you that a particular medication may not be suitable for an online prescription at the time of the Appointment.
- If a Doctor Care Anywhere Doctor issues you a prescription, depending on a number of factors including your location and the medication you have been a prescribed, a prescription may be fulfilled in the following ways:
- fulfilled locally (e.g. you take your prescription to a local pharmacy or it is faxed by Doctor Care Anywhere);
- over the counter (where a prescription is not required for your prescribed medication in the country you are located); or
- using a Doctor Care Anywhere affiliate pharmacy partner ("Pharmacy Affiliate").
- Where option 19.3.3 set out above is used:
- Doctor Care Anywhere private prescriptions are processed by a dispensing Pharmacy Affiliate who can ensure delivery of medications to you. The dispensing Pharmacy Affiliate is a separate entity from Doctor Care Anywhere and to the extent permitted by law Doctor Care Anywhere disclaims any liability for any acts or omissions of the dispensing Pharmacy Affiliate and has no control over or responsibility for any individual Pharmacy Affiliate, their policies in relation to acceptance or otherwise of private prescriptions, delivery of private prescriptions, opening hours or availability. Doctor Care Anywhere receives no remuneration for prescription from Pharmacy Affiliates;
- You authorise Doctor Care Anywhere to share basic identification data with the Pharmacy Affiliate, taking all reasonable steps to protect your personal information, for the purposes of verifying your identification on collection of your prescription. The Pharmacy Affiliate will contact you directly to process the prescription including confirmation of your details and taking payment from you for the medications prescribed and arranging delivery.
- In instances when the Pharmacy Affiliate services are not appropriate or not available a prescription can be sent to a local pharmacy for similar processing of delivery or collection.
- You acknowledge that you and the dispensing pharmacies are solely responsible for arranging to receive medication and paying for such medication and delivery (where a delivery service is used) on such terms that you agree with the pharmacy that dispenses the medication. You are under no obligation to purchase any prescribed medication.
- You will comply with any instructions given in relation to any prescription provided to you including in particular, route, timing and dosages; you will promptly report any side effects of any prescription to a doctor; you will protect anything prescribed to you and not permit any other person access to the prescribed medication; you will not use any prescription after its expiry date.
- You are advised to inform your registered GP of any medication changes advised by a Doctor Care Anywhere Doctor.
20. NHS Repeat Prescriptions
- NHS Repeat prescriptions in the UK are provided by our partner, Day Lewis PLC, a limited company registered in England and Wales (company number 01202866) under their terms and conditions which can be found here.
21. Our liability
- Nothing in these Terms shall limit or exclude our liability to you for:
- death or personal injury caused by our negligence;
- fraudulent misrepresentation; or
- breach of terms implied by the Consumer Rights Act 2015.
- Doctor Care Anywhere has no liability for the quality or type of service or goods provided by any third party it may mention, or which may be linked on the Platform.
- We are not responsible for delays outside our control. If our supply of the Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the supply of Service to you or to cancel an Appointment and, if you are a Pay As You Go Member, receive a refund for any Appointments you have paid for but not received.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of making an Appointment, both we and you knew it might happen, for example, if you discussed it with us during the Appointment process.
- We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Subject to this clause 21, our total liability for losses you suffer arising from or in connection with the use of the Platform or the Service shall be no greater than £1,000,000.
- Subject to your agreement, Doctor Care Anywhere can provide referrals to specialists where clinically appropriate and suitable. Doctor Care Anywhere Doctors will always make best efforts to ensure the most appropriate referral and recommendation is made.
- Doctor Care Anywhere referrals do not specify a named individual consultant but are made on an 'open referral’ basis specifying the appropriate medical specialty.
23. Diagnostic tests
- Doctor Care Anywhere Doctors can make referrals for a range of private diagnostic investigations including pathology (e.g. bloods tests, urine) and imaging (e.g. x-ray, ultrasound scans, MRI) by a third-party provider ("Provider"). You acknowledge that you are solely responsible for arranging, undertaking and paying for such tests, if you choose to undertake them with the appropriate Provider of these tests. You agree to comply with any instructions provided in relation to the testing services including (without limitation) in relation to the booking and administration of investigation, payment and results management via the Platform. The processing time of tests may vary according to the Provider used by you and Doctor Care Anywhere cannot influence this directly and cannot guarantee the availability of the services from test providers and shall not be liable for any acts or omissions of the test Providers.
- Results will be delivered to you directly for uploading onto your Doctor Care Anywhere account or to Doctor Care Anywhere by secure electronic format by the test provider to be uploaded securely onto your individual secure profile, and you explicitly consent to that by agreeing to undergo an agreed investigation. You are required to book a follow up appointment with a Doctor Care Anywhere Doctor for a review of your investigation results and you understand that results will not be routinely reviewed by Doctor Care Anywhere.
- You may not transfer or assign any or all of your rights or obligations under any these Terms.
- All notices given by you to Doctor Care Anywhere must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when registering on the Platform.
- If we fail to enforce any of our rights, that does not result in a waiver of that right.
- If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
- These terms are governed by English law and you and we submit to the non-exclusive jurisdiction of the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Service in either the courts of Scotland, England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the courts of Northern Ireland, England and Wales.
- Doctor Care Anywhere welcomes all feedback and you can contact us by phone on +44 330 088 4980 or by email on firstname.lastname@example.org.
- If you have a complaint, Doctor Care Anywhere will always endeavour to resolve the issue quickly and easily often at the time that they arise.
- In the event that you would like to make a formal complaint you should do so as soon as possible. This will help us to establish what happened most easily. If this is not possible, your complaint should be submitted within 12 months of the incident that caused the problem; or within 12 months of discovering that problem.
- You should make your complaint in writing by email via email@example.com or by post at Doctor Care Anywhere, Second Floor, Harmsworth House, 13-15 Bouverie Street, London, EC4Y 8DP. You should be specific and concise and always include patient full name, date of birth, address and complaint details.
- If the complaint concerns a clinical issue, the Doctor Care Anywhere team will ensure that a Doctor Care Anywhere Lead Doctor will deal with your concerns promptly and in the correct way.
- If you are not the patient, but complaining on their behalf, you must have their permission to do so.
- Doctor Care Anywhere will acknowledge your complaint within 3 working days of receipt and will aim to have fully investigated it within 20 working days from the date it was received. Any delays will always be communicated with you.
- When we look into complaints, we will investigate the circumstance; make it possible for you to discuss the circumstances and problem with those concerned; ensure you receive an apology if appropriate and take steps to ensure the problem does not occur again.
- You will receive a final letter setting out the result of any investigation.
- If you remain dissatisfied, you may refer the matter to the Care Quality Commission, Citygate, Newcastle upon Tyne, UK NE1 4PA. Telephone – 03000 616161.
26. Contact Doctor Care Anywhere
Please submit any questions you have about these Terms or your Appointment by email to firstname.lastname@example.org, by telephone on +44 (0)330 088 4980 between the hours of 9.00 am and 5.30 pm Monday to Friday or write to Doctor Care Anywhere at: Doctor Care Anywhere, Second Floor, Harmsworth House, 13-15 Bouverie Street, London, EC4Y 8DP.