Doctor Care Anywhere Terms & Conditions

Welcome to the Doctor Care Anywhere Terms and Conditions (“Terms”) which contain essential legal information on the rules for using our Services, what we need from you to provide you with our Services, and what to do if something goes wrong.

We believe that the security and privacy of your information is paramount. These Terms and our Privacy Policy explain in more detail what information we collect from you and how we use it. Although these are quite detailed, our philosophy is simple – we treat your information the way we wish our own to be treated, with the utmost care and confidentiality.

You will find the following sections in these Terms:

• The legal bits
• How we contact each other
• What we mean by our Services
• How to access our Services
• Payments and refunds
• What the criteria are to use our Services
• Our clinical Services
• Important information about your data
• When you wish to terminate your relationship with us
• Your compliments, comments, and complaints
• Changes to these Terms and/or the Privacy Policy
• Our liability
• Other things you should know
• Schedule 1 – Healthcare Scheme terms
  • AXA Health Healthcare Scheme
• Schedule 2 – Acceptable and Fair Use Policy
• Schedule 3 – Defined Terms

Please click on each to find out more.

1. The legal bits

   1. These Terms are issued on behalf of Doctor Care Anywhere, which includes entities based in the EU and the UK. When we say "we", "us" "Doctor Care Anywhere" or "DCA" we are referring to Doctor Care Anywhere Group PLC and all other companies in the Doctor Care Anywhere group. Details of Doctor Care Anywhere Group PLC and the key operating companies are set out below.
      1. Doctor Care Anywhere Group PLC (registered in England and Wales with company number 08915336) Doctor Care Anywhere Limited (registered in England and Wales with company number 08614024)
   2. These Terms are an agreement between you and us. Please read these Terms carefully; they are important for both you and us as they set out the rules and your rights when you use our mobile application ("App"), website and avail yourself of our Services, as defined below.
   3. Doctor Care Anywhere is an online, GP-led private practice, offering medical consultations via video and/or telephone (the “Services”), as described in detail in clause 3, below.
   4. We deliver the Services using our technology from our website www.doctorcareanywhere.com and our App, which together form a tele-healthcare cloud-based Platform (the “Platform”).
   5. By using our Services and the Platform, you agree to these Terms. If you do not observe the applicable obligations of patients under these Terms, we reserve the right to cancel your account and registration as a Doctor Care Anywhere patient.
   6. We keep these Terms and our FAQs (referenced below) updated and amend them every so often as set out in clause 11.
   7. You should also read these Terms in conjunction with our:
      1. Privacy Policy
      2. Cookie Policy.
   8. You can also find useful information in our FAQs.
   9. For the purpose of these Terms, terms that are capitalised will have the meanings shown in Schedule 3 or as defined within the body of these Terms .
   10. If you extended your enrolment to include your Family Members, you are responsible for ensuring that you are authorised to provide us with those Family Members’ personal information and you will indemnify us in full for all losses (whether direct or indirect) suffered by us, howsoever arising, if you do not have such authority.

2. How we contact each other

   1. You can contact us by the following methods:
      1. By telephone on +44 (0)330 088 4980
      2. By webform on our Contact Us page
      3. By email on contactus@doctorcareanywhere.com
   2. How we contact you
      1. We will contact you in English by email, phone, text message or via an in-App notification.

3. What we mean by our Services

   1. DCA offers its Services online, enabling you to connect via video and/or telephone to a DCA Medical Professional.
   2. This includes people like doctors, advanced nurse practitioners, advanced clinical practitioners, pharmacists, mental health therapists, physiotherapist and paramedics. Throughout these Terms, we have called them “Medical Professionals”.
   3. The Services are delivered in English. We can offer a translation service during an appointment if you have previously advised us of your need for one via the Platform. We cannot accommodate family members translating on behalf of a patient.
   4. During an appointment, a Medical Professional might give you information, a suspected diagnosis, a recommendation, treatment, a prescription, a fit note, a referral to someone else or signpost you to other relevant Services, as detailed in clause 7, Our Clinical Services.
   5. When you enrol to access our Services via the Platform you become a patient of DCA, either as a subscriber self-paying monthly or annually, by self-paying per appointment or through a partner organisation of DCA via a Healthcare Scheme, such as:
      1. as part of an insurance policy with your insurer;
      2. a benefit in an employee scheme from your employer;
      3. a benefit via a hospital or other health provider; or
      4. an organisation membership scheme with organisations such as retailers.
   6. We do not provide any emergency services or care for acute medical conditions or where treatment / diagnosis by an in-person doctor is required. In such cases we may signpost you back to the relevant health service, or refer you for appropriate in-person services provided by independent providers or affiliate partners with your consent. As such, we may not be able to provide ongoing care for any such conditions or treatments/diagnoses.
   7. The Services are in no way designed to replace the services of your in-person GP or a hospital.
   8. In addition to consultations with a Medical Professional, our Services include Health Assessments, on the terms set out in clause 7.8 (Health Assessments), which takes precedence over the rest of these Terms in relation to any conflict specific to Health Assessments.

4. How to access our Services

   1. Healthcare Scheme

      1. Where you are receiving the Services through a Healthcare Scheme, your right to use the Services shall also be subject to and in accordance with the rules of the relevant 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.
      2. Additional terms for your Healthcare Scheme may also be documented in Schedule 1. Where you gain access to the Services through that Healthcare Scheme, those terms also apply.
      3. Your Healthcare Scheme may provide us with limited personal information about you and where applicable about your Family Members (such as name, email address, date of birth and other contact details) which we will use to verify your entitlement and enable you to create your patient record or update your entitlement on an existing record.
      4. The Healthcare Scheme will detail which benefits you receive, including the number of appointments (capped or unlimited) you can receive in a policy year. If you use all your appointments during the Healthcare Scheme period, additional appointments are subject to our pay as you go terms, enabling you to self-pay per additional appointment.
      5. You will receive an activation code either from DCA or your Healthcare Scheme.
      6. Your right to cancel your membership of your Healthcare Scheme will be in accordance with the terms and conditions of such scheme, over which DCA has no control and in connection with which DCA has no responsibility and does not accept any liability.
      7. When you or where applicable your Family Members are no longer entitled to the Services via your Healthcare Scheme, your Healthcare Scheme will inform us that your membership has ended.
      8. When you are still entitled to the Services via your Healthcare Scheme, but your Family Members are not, they remain a patient of DCA and where:
         1. they are an Adult or Young Person with their own account, they can continue to access the Services subject to our pay as you go terms.
         2. they are your Child linked to your account, we cannot offer pay as you go or subscription Services at this point in time.
      9. At the end of your membership of the Healthcare Scheme, you remain a patient of DCA and can continue to access the Services subject to our pay as you go terms, enabling you to self-pay per appointment. You can also purchase a self-pay subscription at any time.
      10. It is your responsibility to check your current status and that of your Family Members under the applicable Healthcare Scheme terms and conditions before you access the Services. If you believe that you or your Family Members are not covered by a Healthcare Scheme and you access the Services through pay as you go or subscription, we will not refund payment on the basis that you and/or the relevant Family Member later discover that you/they would have been entitled to receive the same Services under a Healthcare Scheme. This does not affect your right to cancel a subscription under 4.2 below.

   2. Subscription

      1. You can self-pay by purchasing a subscription to use the Services on either 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.
      2. Subscriptions can be purchased on a monthly or annual basis (subscription period)
      3. The Subscription Fee is payable upfront for the entire subscription period.
      4. Offers may be used to discount the cost of your subscription.
         1. Your use of the Services shall also be subject to and in accordance with the terms of that offer.
         2. Once the offer has expired the full subscription cost will be applied on renewal.
      5. Subscriptions purchased on a monthly basis are subject to a minimum initial term as set out on the Platform, and will continue after the minimum initial term on a rolling monthly basis.
      6. At the end of your subscription period your subscription will renew automatically unless you cancel your subscription before 23:59 on the renewal date through your account settings on the Platform.
         1. Unless you notify us in accordance with the above, you understand that your subscription will automatically renew, and you authorise us, without further notice to you, to collect the applicable Subscription Fee using the payment card details we have on record for you.
         2. If all payment cards we have on file for you are declined for payment of your Subscription Fee, your subscription and access to the Services will be suspended. If you provide us with a new card and are successfully charged, your subscription period will begin on the date of the successful charge. Alternatively you can contact us to change your plan to pay as you go.
      7. A subscription will be for the purchasing patient plus the number of Family Members chosen. Details for each patient to be covered under the subscription will be recorded. Each patient will have their own patient record.
      8. Subject always to our Acceptable and Fair Use Policy as detailed in Schedule 2 of these Terms, a subscription entitles each patient to an unlimited number of appointments during the subscription period.
      9. We reserve the right to cancel a subscription and deny a patient access to the Platform or the Services, without refund, and seek legal advice if there is any abuse of the subscription as set out in our Acceptable and Fair Use Policy or any provision of these Terms.
      10. You can change your mind and cancel within 14 days of purchasing your subscription. This is known as your cooling off period.
          1. If you made no appointments or chargeable cancellations during your cooling off period, you will be entitled to a full refund of the Subscription Fee paid.
          2. We reserve the right to charge for appointments and chargeable cancellations made during the cooling off period at the retail price quoted on the Platform.
      11. After the cooling off period, you may cancel your subscription with immediate effect if:
          1. We breach these Terms in any material way and do not correct or fix the situation within 14 business days of you asking us to in writing;
          2. We enter into liquidation or a receiver or an administrator is appointed over DCA’s assets;
          3. We make a material change to these Terms that is to your disadvantage; or
          4. there is a risk of substantial delay or inability to provide the Services caused by an event outside of our control.
      12. If subscriptions are cancelled:
          1. Your subscription will end on the last day of your subscription period.
          2. Monthly subscriptions cancelled during the minimum term, will end on the last day of your minimum subscription period. Your card will continue to be charged the monthly fee.
          3. You will continue to receive access to the subscription Services during your subscription period.
          4. At the end of your subscription period, your subscription will not be renewed, and no further payments will be charged.
      13. At the end of your subscription period, you remain a patient of the Doctor Care Anywhere practice and can continue to access the Services subject to our pay as you go terms, enabling you to self-pay per appointment. You can purchase another subscription at any time.

   3. Pay as you go (PAYG)

      1. You can self-pay per appointment if:
         1. you have not purchased a subscription; or
         2. you have run out of available appointments via your Healthcare Scheme policy, where a limit has been applied.
      2. Appointments are purchased on a per appointment basis.
      3. The cost of an appointment is set out on the Platform and may vary from time to time.

   4. Health Assessments

5. Payments and refunds

   1. You have to pay for our subscription and PAYG Services and any products you may order through the Platform.
   2. 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 appointments already booked or subscriptions already in place.
   3. 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.
   4. Payments must be made to us by credit or debit card on the checkout page. We accept most major credit and debit cards, but we cannot accept payments over the phone.
   5. You should be aware that online payment transactions are subject to validation checks by your card issuer and DCA 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. DCA is not responsible and accepts no liability for this.
   6. Refunds will be processed to the same credit or debit card used to purchase the Services.
   7. You should contact us if the Platform has not been able to complete your refund and you believe you are entitled to a refund as defined by these Terms.
   8. Where a refund is applied to an appointment or subscription purchased using an offer, your refund will be based on the amount you paid. If your purchase was free, you will not receive a refund.
   9. Refunds and returns cannot be accepted for medications correctly prescribed by your consulting Medical Professional.

6. What the criteria are to use our Services

   1. Use of the Services is open to UK residents and patients based in the UK of any nationality.
   2. We are an online services provider, so internet access is essential to access the DCA Platform and the Services. By accessing our Services you confirm that you have access to the internet and are happy to avail yourself of the Services online via the internet and/or the App.
   3. If you are seeking to act on behalf of an adult patient in relation to their medical care or access to their health information, you must provide valid legal documentation confirming your authority to do so.
   4. The primary recognised document for this purpose is a Health and Welfare Lasting Power of Attorney (LPA) - a legal document registered with the Office of the Public Guardian (OPG) that allows an individual to appoint someone to make decisions about their health and personal welfare if they lose capacity. You will also be required to provide suitable photographic identification to verify your identity as the appointed attorney.
   5. We reserve the right to request and securely retain a copy of the LPA and identification for our records. No communication or disclosure of medical information will be made to third parties without this documentation.
   6. Where a Health and Welfare LPA is not available, we may, at our sole discretion, accept alternative legal documentation such as:
   7. All legal documents and accompanying identification must be submitted to us for review by emailing: DPO@doctorcareanywhere.com
   8. Submission of such documentation does not guarantee access or authority unless and until we have reviewed and confirmed its validity.
   9. We will not communicate with, share medical information with, or accept health-related decisions from any third party who does not provide appropriate and legally valid documentation, regardless of their relationship to the patient.
   10. Your use of the Platform and Services are subject to the Acceptable and Fair Use Policy as detailed in Schedule 2 of these Terms.
   11. Patients must be registered on the Platform to create their patient record. Only one patient record is allowed per patient. Duplicate patient records will be merged.
   12. Registering on the Platform is governed by the following rules:
       1. Adults over the age of 18 can register directly on the Platform.
       2. Children under the age of 18 must be registered by a parent or legal guardian who holds legal parental responsibility.
       3. Children under 18 years of age may only be registered and attend appointments where:
          1. Their parent or legal guardian (who has legal parental responsibility) is included as a policyholder on the same policy; and
          2. The parent or legal guardian has completed the registration process.
          3. Where the legal guardian is not the child’s biological parent and/or does not share the same surname as the child, proof of guardianship must be provided before any appointments may be booked or attended. Acceptable proof includes official documentation such as a court order, adoption certificate, or other evidence of legal parental responsibility.
          4. Parental responsibility may be reassigned by the main policyholder to another legal guardian, provided that the guardian is listed on the same policy and supplies the required proof of guardianship.
       4. Where you are an Adult who is entitled to the Services as a Family Member on a Healthcare Scheme, the Primary adult must first activate their account on the Platform then invite you to activate your account.
       5. The email address used becomes your username and it must be unique and cannot be shared with other people.
   13. Prior to using the Services, you are required to update your patient profile with the following information: Contact details, Date of Birth, Gender, GP Details and Emergency Contact. We may check the information you provide against that which is held on a national electronic database, for example, the NHS Patient Demographic Service (“PDS”) in the UK and update your current GP and Healthcare Number to ensure your data is up to date. By agreeing to these Terms, you agree to our processing of your information for this purpose.
   14. Your identity must also be verified before you can access the Services and in the case of your Child, the legal parental responsibility or guardianship of the Adult.
       1. We may sign post you to alternative services (whether public or private) if you have healthcare concerns in the meantime.
       2. In this case, verified means the confirmation of an individual’s identity to confirm they are both a real person and are that person, by using a digital identity checking service.
       3. It is not possible for your identity to be vouched for or verified by your Healthcare Scheme.
   15. By agreeing to these Terms, you agree to our instructing a third-party to provide identity checking services on our behalf, in accordance with our Privacy Policy. Identity and parental responsibility are checked in the following ways:
       1. Verifying an acceptable photographic identification document which is cross checked with a live photo of the patient, which becomes the patient profile photograph. Valid documents include passport, driving license or national identity card.
       2. By checking the patient against national databases (electoral role, credit card, phone records) and/or against the PDS.
       3. Uploading a copy of a Child’s full birth certificate or legal guardian letter. We will confirm the relationship with the Child, such as birth parent, stepparent or foster parent and use the documentation provided to verify that the Adult has legal parental responsibility.
   16. Adults with access to multi-person policies can add their Family Members to their account.
       1. Where the Adult is part of a Healthcare Scheme you must add the Family Members who are part of that scheme. We reserve the right to withdraw the Services for any Family Members not on the Healthcare Scheme.
       2. By adding personal data on behalf of another, you agree that it is your responsibility to ensure that:
          1. you are authorised to provide that data; and
          2. the data is accurate and up to date.
          3. Young Children and Young People must be initially registered under a verified adult parent/guardian account. On the day that a Young Person reaches the age of 18 they become an adult, and the parent/guardian will no longer have access to their Family Member’s healthcare record. The Young Person concerned will be invited to register on the Platform and verify their identity.
       3. Adult main policy holders and/or named legal guardian can use the Platform to book appointments for and discuss healthcare concerns regarding their verified Children whose patient record they still have possession of. Appointments must be booked in the name of the Child who is having the appointment.
   17. We do not take any responsibility for differences between healthcare regulations and variations in different countries. DCA Medical Professionals practice in accordance with the regulations and guidelines applicable to their practice in the UK as described in these Terms.
   18. It is your responsibility to ensure that it is lawful to access the Platform and use the Services in the country in which you are located at the time of an appointment. We accept no responsibility for the use of the Services or access to the Platform in any country where it is unlawful to do so.
   19. The exclusions in 6.11 and 6.12 will not apply where and to the extent such exclusion is prohibited by applicable laws.
   20. You must be 18 years old or over to purchase or receive a Health Assessment. Further eligibility criteria for Health Assessments are set out in clause 7.8. 

7. Our clinical Services

   1. Medical Professionals

      1. DCA Medical Professionals are registered and fully qualified to work under the regulatory regime applicable in the UK. They undergo external appraisals in accordance with standard practice for health professionals; receive bespoke training, including in virtual consultation skills where relevant; and are monitored and reviewed internally by the DCA clinical leadership team.
         1. UK General Practitioners are registered with the General Medical Council and are on the UK GP or relevant Specialist register.
         2. Other Medical Professionals in our clinical teams are registered and authorised to practice by the relevant regulator of their profession.
      2. DCA Medical Professionals are all covered by specific tele-consulting medical indemnity insurance.
      3. The information and advice provided by a Medical Professional 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 a 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.
      4. The information and advice provided by a Medical Professional during an appointment is based on the information you have supplied to us. 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 Medical Professional gives to you and, as such, may have consequences for which we are not responsible.
      5. If you do not fully understand any information given during your appointment, it is your responsibility to raise this during your appointment and the Medical Professional will seek to clarify matters for you.

   2. Mental Health Crisis Support

   3. Appointments

      1. By making an appointment you give Doctor Care Anywhere express consent to provide the Services to you in your chosen time slot and within any cancellation period provided by any English laws or regulations.
      2. You may book an appointment with a Medical Professional via the Platform. The appointment will occur via phone or video conference. Appointment slots are made available at our discretion in each 24-hour period but will typically be offered between the hours of 8am to 10pm GMT. You can access the appointment booking system to book an appointment, 24 hours per day, 365 days a year.
      3. When booking your appointment, you will be required to provide details of and answer specific questions about your health concern, as well as confirming your location and time-zone in order to 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.
      4. When you are advised during the booking process that a same-day face-to-face assessment may be necessary (for example, where your described symptoms indicate a need for immediate medical attention) and you still decide to schedule your appointment with DCA for a later date, you acknowledge and accept the risk of not adhering to the initial medical advice provided during the booking. You should be aware that delaying the appointment could have potential implications for your health or treatment plan. 
      5. When booking your appointment, you will be matched with any Medical Professional. You have the option to select the gender of a Medical Professional you wish to see or a specific Medical Professional from a list. We cannot guarantee the availability of any Medical Professional and will not be liable if any Medical Professional selected by you is unavailable at any time.
      6. For your safety you will advise us of your location at the time of the appointment when making the booking. If you are not at this location when you start the appointment, you must tell the Medical Professional when the appointment begins. If you are in an inappropriate consulting environment - for example if you are driving - the Medical Professional will ask you to re-book and your appointment will be subject to our appointment cancellation terms.
      7. Subject to our Acceptable and Fair Use Policy as detailed in Schedule 2 of these Terms, you can upload images and/or documents in connection with an appointment, to provide the relevant Medical Professional with additional information regarding your specific health concern.
      8. You may check and correct any input errors in your appointment request up until the point at which you submit your request for an appointment. Appointments are automatically accepted; however, we are not obliged to accept your appointment for any particular Medical Professional and may at our discretion cancel a booked appointment and/or offer an alternative Medical Professional.
      9. Your appointment will be confirmed on the Platform and we will send an email confirming the appointment details to your registered email address.
      10. Ten minutes before your appointment you will receive an email and text message reminder that your appointment is about to start.
      11. It is your responsibility to be available to speak to the Medical Professional by your chosen method or, if the Medical Professional has suggested a change from telephone to video appointment, by video at the time of the appointment.
          1. For video appointments, it is your responsibility to ensure you are signed in to the waiting room prior to your appointment, you have good internet connection, following the instructions to test both video and voice are functioning. You will receive a notification inviting you to join your appointment when the Medical Professional is ready.
          2. If there are technical difficulties affecting a video appointment, the Medical Professional will attempt to contact you on the nominated telephone number on your account.
          3. For telephone appointments, the Medical Professional will call you on your chosen number. It is your responsibility to ensure that the number you provide is correct and that, if you are using a mobile phone, you have adequate signal.
      12. The Medical Professional will perform a data protection check at the beginning of the appointment and reserves the right to deny any person access if they cannot confirm their identity, and in the case of an appointment for their Child, the identity of that Child in addition to their identity.
      13. Where a patient is under 18 they must be accompanied by their parent who is the registered primary policy holder, where a data protection check will be done on the parent and Child.
      14. Where the Child has capacity and wishes to receive care in confidence, the parent can leave the child to consult with the Medical Professional. The child can further decide to withhold their clinical record from their parent; however, this may limit the Medical Professional’s ability to issue prescriptions or referrals.
      15. During your appointment, your consulting Medical Professional may advise that a follow up appointment may be necessary, within a certain period. It is your responsibility to book the follow up appointment. We 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.
      16. You will follow any instructions that our Medical Professionals give you.
      17. You will tell a Medical Professional or your GP if you have any bad or unexpected effects from anything that we have recommended to you.
      18. At the Medical Professional’s 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 Services, prior, during and after the appointment.
      19. You can view the status of all your upcoming and past appointments within the Platform. You can also view and download all clinical documents relating to your appointments, including referral letters, fit notes, prescription detailsand appointment notes as further described in these Terms.
      20. 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 PAYG Member, you will receive a full refund of any monies which you have paid for that appointment. There is no refund if you are not a PAYG member.
      21. If you cancel within 12 hours of the appointment or once the appointment has begun, we reserve the right to restrict future bookings or to decline the Services as detailed in our Acceptable and Fair Use Policy. There is no refund of any monies paid whether or not you are a PAYG member, unless a Medical Professional has signposted you to an emergency Services before the appointment, as detailed in clause 7.2.1 Error! Reference source not found., and you need to cancel as a result in accordance with these Terms.
      22. You may amend the time slot for your appointment at any time up to 2 hours prior to your chosen time slot.
      23. Within 2 hours of your booked time slot, you may only cancel your appointment provided you do so at least 15 minutes before the booked time slot. There is no refund of any monies paid whether or not you are a PAYG member. In such circumstances, we reserve the right to restrict future bookings or to decline to provide any further Services as detailed in our Acceptable and Fair Use Policy.
      24. If you are more than 5 minutes late for an appointment the Medical Professional 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 PAYG member, and you may be asked to rebook for another appointment. In the case of either cancellation or continuation, we reserve the right to restrict future bookings or to decline to provide any further Services.
      25. If you fail to attend an appointment, we reserve the right to charge you for that appointment unless you missed the appointment because of technical reasons outlined in clause 7.3.28. Should you or a Child under your parental responsibility miss 2 appointments in a calendar week or more than 1 per week for a period of four weeks, we may consider your activity to be a breach of our Acceptable and Fair Use Policy as detailed in Schedule 2 of these Terms. Similarly, if you miss three consecutive appointments between attended appointments, we may review your access to the Services as appropriate.
      26. 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 7.3.21, 7.3.23 and 7.3.24 above, will count towards your total allocation of appointments permitted within your offer or Healthcare Scheme.
      27. To cancel or amend the time of your appointment as above, you must follow the cancellation process documented on the Platform.
      28. If you have not been able to attend the appointment because the Platform is unavailable due to a technical fault caused by us, or where a Medical Professional fails to attend the appointment then we may offer you a refund or the opportunity to book an alternative appointment without further charge if you are a PAYG 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 Services (information is provided on supported browsers and devices 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 us providing you with a refund even if you are a PAYG member.
      29. Where you use an offer to purchase an appointment, your refund on cancellation of the appointment will be based on the amount you paid. 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.
      30. If you have booked an appointment but subsequently wish to cancel your subscription, we reserve the right to charge for the appointment at the retail price quoted on the Platform if the appointment is fulfilled by yourself and the DCA Doctor.

   4. Private Prescriptions

      1. Your consulting Medical Professional may issue a private prescription for medicines appropriate for your condition, only when in their professional judgment and based on the medical history you have provided and the symptoms you describe, it is in your best interests to receive the medicine.
      2. Medical Professionals prescribe 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. We may refuse to prescribe medicines when we believe it is not in your best interests to receive those medicines without the benefit of an in-person consultation. We strongly advise you to share information with your regular Doctor/GP about any private prescriptions you receive.
      3. Certain classes of medications such as specialist drugs, medications requiring close monitoring or controlled drugs (for example benzodiazepines such as sleeping tablets, opioids such as morphine and fertility medications) 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 your consulting Medical Professional may advise you that a particular medication may not be suitable for an online prescription at the time of the appointment.
      4. If you are issued 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:
         1. You may collect your medication from your local pharmacy, using the prescription ID provided by DCA’ affiliate pharmacy partner via email (“Pharmacy Affiliate”)
         2. The prescription may be dispensed using a DCA affiliate pharmacy partner ("Pharmacy Affiliate");
         3. The medication may be purchased over the counter (where a prescription is not required for your prescribed medication); or
      5. Where a prescription is dispensed by our Pharmacy Affiliate:
         1. 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, waiting time or delay in delivery, or availability.
         2. For the purposes of fulfilling your prescription and verifying your identity on collection or delivery of your medication, you authorise DCA to share your prescription and contact data with the Pharmacy Affiliate, taking all reasonable steps to protect your personal information. The Pharmacy Affiliate will contact you directly by email or SMS to process the prescription including confirmation of your details and taking payment from you for the medications prescribed and arranging delivery where applicable.
      6. It is your responsibility to collect or arrange delivery of your prescription once you receive your prescription ID and the instructions for delivery or collection. As soon as your prescription is published, you can log into your account to make your choice. As such, DCA cannot be held accountable for any delays
      7. Private prescriptions are always chargeable to the patient. The dispensing pharmacy determines the price of the medication.
      8. You acknowledge that you and the dispensing pharmacy 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. We 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.
      9. You will comply with any instructions given in relation to any prescription provided to you, including and in particular, the route, timing and dosages. We are 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.
      10. You will promptly report any side effects of any prescription to a doctor.
      11. You will protect anything prescribed to you and not permit any other person access to the prescribed medication.
      12. You will not use any prescription after its expiry date.
      13. DCA Medical Professionals are unable to provide private repeat prescriptions for ongoing conditions. Our Medical Professionals may be able to provide a short-term supply of such medication but will direct you back to your regular doctor as appropriate to seek further prescriptions for the same medication.
      14. You are advised to inform your GP of any medication changes advised by a Medical Professional.

   5. Referrals and Fit Notes

      1. Subject to your agreement, Doctor Care Anywhere can provide referrals to a (or multiple) specialists and private in person GPs where clinically appropriate and suitable. DCA Medical Professionals will always make best efforts to ensure the most appropriate referral and recommendation is made.
      2. DCA referrals do not specify a named individual consultant but are made on an 'open referral’ basis specifying the appropriate medical specialty.
      3. Where you are a member of a Healthcare Scheme or hold private medical insurance cover for which we are affiliated, we can, with your explicit consent, send your Referral Approval Request to your provider’s appointment team to call you to advise you whether your referral is eligible under the terms of your Healthcare Scheme or insurance policy (as applicable), and where eligible, find and book a specialist convenient for you.
      4. DCA cannot advise if a claim will or will not be accepted by your Healthcare Scheme or medical insurance provider. It is the responsibility of the patient to discuss claim options with their insurer if appropriate.
      5. Your consulting Medical Professional can supply a statement of fitness for work, known as a “Fit Note” where clinically appropriate and in accordance with current policy.

   6. Keeping your GP informed

      1. We strongly recommend that your medical information is shared with your regular GP.
         1. In the UK we can share this on your behalf; however, we will not share information unless we have your express permission to do so or there is a risk of harm or an overriding public interest in disclosing the information without your consent. This is in accordance with applicable data protection laws and the General Medical Council's guidance from time to time.
         2. If you receive the Services in any other jurisdiction, we strongly encourage you to download your appointment notes and share the information with your regular GP.
      2. As we explain in our Privacy Policy, we take all reasonable steps to ensure that the personal data we hold about you is correct and not misleading. However, we are also reliant upon you providing us with correct data and keeping this up to date, including the information of who your current registered GP is.
      3. To the extent permitted by applicable law, DCA has no responsibility and does not accept any liability arising from or in connection with incorrect data entered by you, or your appointment notes being sent to the wrong GP because you provided us with incorrect data that we deemed it reasonable to rely upon as accurate.
      4. In addition to and without affecting clause 7.6.27.5.2 above, we may also check from time to time your information held on the PDS (if applicable) to update your current GP and Healthcare Number and take any other steps we deem reasonably necessary to ensure so far as possible that the data we hold about you is correct and up to date. 
      5. Where you ask us to do so or as otherwise set out in clause 7.6.17.5.1 we will do everything reasonably possible to share your medical notes with your GP. However, if your GP does not accept your notes for any reason, we will inform you, and you may need to share your notes directly. Doctor Care Anywhere will not be liable for any losses incurred or suffered by you or any third party (such as a. Family Member) as a result of a GP refusing to accept or process the medical notes we hold about you.

   7. Primary care diagnostic investigations

      1. Doctor Care Anywhere cannot provide referrals to, or signpost for, diagnostic tests for the purpose of primary care investigations.
      2. Doctor Care Anywhere does not permit you to use unauthorised DCA documents as a request for investigations. We cannot be held responsible or liable for receiving or acting upon any results that come from these tests.
      3. Where you upload diagnostic tests results to the Platform, these will not be routinely reviewed and DCA cannot be held responsible or liable for acting upon these results. Where you bring these results to the attention of the consulting Medical Professional, they may, in their own clinical judgement use those results to inform their clinical opinion and resulting advice.

   8. Health Assessments

8. Important information about your data

   1. All information (including personal data) collected and supplied by you to Doctor Care Anywhere will be treated as confidential and only processed to provide the Services and/or as described in this section and our Privacy Policy. Please take the time to read these as they include important terms that apply to you and are integrated into these Terms.
   2. As set out in our Privacy Policy, for the purposes of the Data Protection Laws, Doctor Care Anywhere is a data controller of your personal data.
   3. Where you are receiving the Services through a Healthcare Scheme, we may disclose some information to the Healthcare Scheme as set out in this clause 8 and if there are specific rules for the Healthcare Scheme, in Schedule 1.
   4. For the purpose of managing your Healthcare Scheme entitlements, your basic contact information will be shared between Doctor Care Anywhere and your Healthcare Scheme to verify your eligibility to use the Services, the fact you have registered and/or subscribed. Information may also be shared when you are no longer eligible, registered and/or subscribed.
   5. For the purpose of our billing your Healthcare Scheme for Services you use, your basic contact information, along with information regarding the Services used, will be shared with your Healthcare Scheme. This will not include any sensitive or medical information without your explicit consent.
   6. We will not share with any third party any information you share with a Medical Professional during an appointment unless, where appropriate and following your review, you explicitly consent to us doing so, for example, in order to facilitate an application for benefit with your Healthcare Scheme, where further medical information may be required to confirm your eligibility for benefit.
   7. We will make audio and video recordings of your appointment for clinical governance purposes and as a record of your conversation. These recordings are restricted and treated as highly confidential and will be held strictly in accordance with, and as long as required, under applicable laws and our internal policies and procedures.
   8. In accordance with clause 7.6, if you consent to us sharing your medical information with your GP, DCA will send your appointment notes to the GP practice recorded on your patient record.
   9. If you believe your consulting Medical Professional has made a mistake on any part of your patient record, subject to our Privacy Policy and any applicable Data Protection Laws we may be able to rectify the mistake if you have advised us of it in writing and we have confirmed it with the Medical Professional concerned. Please note however that a Medical Professional's clinical opinion based on the information you give at the time of the appointment will not be deemed as incorrect data and cannot be changed.
   10. We are required to retain your GP medical records for a specified period of time by law. In the UK, we are required to retain GP medical records for the life of the patient plus 10 years.
   11. We may share aggregated anonymised data with third parties, including Healthcare Schemes, in order to monitor the Services and ensure a consistent quality and safety of Services to patients.
   12. We may use and may share with Healthcare Schemes anonymised comments, feedback and testimonials left on the Platform or in-patient surveys for Services monitoring purposes and where the patient has consented, for marketing testimonials.
   13. Where you receive a Health Assessment, we will share such of your personal data with our Health Assessment Partner(s) as is necessary for them to deliver their part of the Service — for example, to book your diagnostic appointment and process your results. Our Health Assessment Partners act as our data processors and are required to meet our data governance and security standards. Further information is set out in clause 7.8 and our Privacy Policy. 

9. When you wish to terminate your relationship with us

   1. If you decide to fully terminate your relationship with us, you can do so in writing at time using the contact details at the top of these Terms.
   2. Where you access the Services via a subscription, your termination is also subject to the subscription cancellation terms set out in clause 4.2.
   3. Where you access the Services via a Healthcare Scheme, you may terminate your relationship with us without this affecting your Healthcare Scheme. Your right to cancel your membership of your Healthcare Scheme is subject to clause 4.1.6.
   4. When you terminate your relationship with us, you stop being a patient of Doctor Care Anywhere and will lose access to the DCA Platform and the Services. We encourage you to download any of your personal data which has been created as a result of your use of the Services.
   5. We will continue to store your personal data securely, in accordance with our Privacy Policy and Data Protection Laws.
   6. When trying to access future medical Services in any setting, you may not quote Doctor Care Anywhere, or any of its Medical Professionals’ names as the referring person. We will not be held responsible or liable for receiving or acting upon any results that are generated from tests that are accessed in this way.
   7. You are welcome to join us again at any time. To ensure consistency of your patient record, please contact us using your details at the top of these Terms to arrange for your account to be re-activated.

10. Your compliments, comments, and complaints

    1. We welcome all feedback and encourage you to reach out to us at any time using the contact details at the top of these Terms. You will also have an opportunity to feedback on your experience following your appointment.
    2. If you express dissatisfaction or have a complaint, we will always endeavour to resolve the issue quickly, often at the time that they arise.
    3. If you would like to make a formal complaint, please do so as soon as possible. This enables us to investigate and resolve your concerns more effectively. However, you may submit a complaint within 12 months of an incident.
    4. We will best understand your complaint if it is made in writing using any of the “contact us” methods listed at the top of these Terms. You should be specific and concise and always include your full name, date of birth, address and complaint details. However, you are also welcome to make your complaint verbally to any DCA employee or Medical Professional who will raise it on your behalf.
    5. If the complaint concerns a clinical issue, we will ensure that the DCA clinical leadership team will deal with your concerns promptly and in the correct way.
    6. If you are not the patient, but you are complaining on their behalf, you must have their permission to do so. We may need to seek written consent from the person affected to share information relating to the complaint with you.
    7. We 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 to you.
    8. When we look into complaints, we will investigate the circumstances; 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 avoid recurrence of the issue.
    9. You will receive a final letter setting out the result of any investigation.
    10. If your complaint contains topics that are regulated by a Healthcare Scheme, we may be obliged to engage your Healthcare Scheme in the resolution of your complaint.
        1. These complaints are known as Healthcare Scheme Complaints.
        2. Additional terms for Healthcare Scheme Complaints may also be documented in Schedule 1.
        3. We will notify you if your complaint contains topics regulated by your Healthcare Scheme where we are required to pass your complaint to them.
        4. These topics will never contain clinical or DCA Services-related information. Identifiable information relating to these topics will never be shared with your Healthcare Scheme without your explicit consent.

11. Changes to these Terms and/or Privacy Policy

    1. These Terms and our Privacy Policy are available on our website,
    2. We have the right to amend, update, remove or vary our Services and/or any part of the Platform, including these Terms and/or our Privacy Policy from time to time.
    3. We may not always tell you when we make a change. However, if the changes affect your rights or what we need from you, then we will let you know.
    4. Your continued use of the Platform and Services will be deemed acceptance of such revised Terms and/or our Privacy Policy, and it is your responsibility to ensure you are content to contract on such Terms at the point of transaction or use.
    5. If you don’t agree with the changes, you can terminate your relationship with us.

12. Our liability

    1. Nothing in these Terms shall limit or exclude our liability to you for:
       1. death or personal injury caused by our negligence;
       2. fraudulent misrepresentation; or
       3. in the UK only, a breach of terms implied by the Consumer Rights Act 2015.
    2. DCA has no liability for the quality or type of services or goods provided by any third party it may mention, or which may be linked on the Platform.
    3. We are not responsible for delays outside our control. If our supply of the Services 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 Services 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.
    4. 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.
    5. 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.
    6. Subject to this clause 12, our aggregate total liability for losses you suffer arising from or in connection with the use of the Platform or the Services shall be no greater than £1,000,000.
    7. Where you receive a Health Assessment, your contract for that Assessment is between you and us. Our Health Assessment Partners assist us in delivering the Service but are not contractually liable to you under these Terms. 

13. Other things you should know

    1. The Platform

       1. 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.
       2. We do not guarantee that the Platform will be free from bugs.
       3. You are responsible for making all arrangements necessary for you to have access to the Platform, including but not limited to an internet connection and that your device meets the necessary technical specifications to enable you to access and use the Platform.
       4. 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.
       5. 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.
       6. By using the Platform and Services, you agree that any information you provide is true and accurate, is not misleading, and is offered in good faith.
       7. You are only permitted to access the Platform and use the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose.
       8. You can control your consent to receive marketing materials and communication preferences for engagement emails in your profile. By signing up to these Terms and registering on the Platform, you agree to receive important Services messages by email and/or text message which will contain important information about your appointments, the Platform and the Services.
       9. You may not make any use of content on the Platform other than as set out in our Acceptable and Fair Use Policy or with the express permission of DCA (in the case of DCA material) or of the party or parties whose content is involved in the case of third parties.
       10. 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 we accept no responsibility for your use of such websites, services or resource.
       11. Where the Platform uses third parties to provide the Services or part of the Services on our behalf, you may provide personal data to such third parties and be subject to the terms and privacy policy of that third party. We will notify you if this is the case in these Terms or our Privacy Policy. Doctor Care Anywhere does not accept any responsibility or liability for the terms and policies of the third parties.

    2. Changes to the Platform

       1. We may update the Platform from time to time and may change the content and Services 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 Services. We will not make any changes to the Services which will adversely affect you without notifying you first.
       2. 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.
       3. Any feedback information provided on the Platform may be used by Doctor Care Anywhere to improve the quality of our Services.

    3. Your account and password

       1. When you register on the Platform, your email address will be your username, you will create a password, and may receive 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.
       2. We have the right to disable any username or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
       3. If you know or suspect that anyone other than you has knowledge of your password, you must promptly change your password and notify us immediately.

    4. Other legal and regulatory terms

       1. Doctor Care Anywhere is regulated by the Care Quality Commission ("CQC") in the UK. Further details of our registration can be found on the Care Quality Commission website. Certain Services are also regulated by other supervisory organisations.
       2. You may not transfer or assign any or all of your rights or obligations under any these Terms.
       3. All notices given by you to DCA must be given in writing to the address set out in the contact section 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.
       4. If we fail to enforce any of our rights, that does not result in a waiver of that right.
       5. If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
       6. The Platform is the property of DCA and you have no right to modify, reproduce, copy, or otherwise exploit it or any portion of it and any unauthorised use will automatically terminate your right to use it.
       7. All material contained on the Platform (including names, trademarks, wordmarks, logos, pictures, diagrams and look-and-feel) is the property of DCA and/or its partners or licensors. Nothing contained on the Platform or made available through the Services should be construed as granting any licence or other right of use without the express written permission of DCA and as applicable its partners or licensors.
       8. These Terms are governed by the laws of England and Wales, 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 Services in either the courts of Scotland, England and Wales. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the courts of Northern Ireland, England and Wales. If you live in Ireland, you can bring legal proceedings in respect of the Services in the courts of Ireland.

14. AXA Health Healthcare Scheme

    1. General terms

       1. If you receive the Services via AXA Health, these terms also apply.
       2. The “AXA Health Group” for this purpose is AXA Health Limited (“AXA Health”), its holding company and all subsidiaries of its holding company including (but not limited to) AXA Health Group Limited, AXA Health Insurance Limited, AXA Health Services Limited.
       3. Doctor@Hand is the AXA Health brand name for Doctor Care Anywhere, delivering the Services to AXA Health Group customers on behalf of companies within the AXA Health Group by Doctor Care Anywhere Limited.
       4. AXA Health is the provider of your private medical insurance plan, of which access to the AXA Doctor@Hand Service forms an integral part.
       5. AXA Health terms can be found in your AXA Health handbook. In the event of any inconsistency or conflict between the AXA Health handbook and these Terms, these Terms shall take precedence.
       6. The information transferred to AXA Health as defined in clause 8.4 will not be used by any company within the AXA Health Group to adversely impact your current or future insurance underwriting, premium or cover eligibility.
       7. Information on the best way to contact AXA Health can be found on their websites Contact Us page.
       8. If you do not know your activation code or the code you have does not work, please contact DCA using their contact details at the top of these terms. If your details can not be found, DCA at their discretion, may give you temporary code to activate your Services with limited entitlements.
          1. DCA will pass basic contact information to AXA Health to confirm your eligibility.
          2. If your eligibility is confirmed, you will receive the entitlements as per your AXA Health policy.
          3. If your eligibility can not be confirmed, your access to the Services via the Healthcare Scheme will be cancelled. Your continuing use of the Services will be on a PAYG basis as set out in clause 4.3 of these Terms.
       9. Where you access the Services via PAYG or a subscription (defined in clauses 4.2 and 4.3) using a promotion offered by a company within the AXA Health Group, your use of the Services shall also be subject to and in accordance with the terms of that offer.

    2. AXA Health regulatory complaints

       1. When you (the “Complainant”) express dissatisfaction or raises a complaint to DCA regarding your AXA policy or access to the Services (“Healthcare Scheme Complaint”), you acknowledge that AXA Health has responsibilities to their regulator the Financial Conduct Authority and to you the Complainant, in how the Healthcare Scheme Complaint is managed and resolved.
       2. AXA Health authorises DCA to resolve a Healthcare Scheme Complaint on their behalf, at the initial point of contact or within 3 (three) business days from its receipt.
       3. If your complaint also regards non-AXA Health regulatory topics, such as Clinical or DCA Services-related issues (“DCA Complaint”), we will manage your complaint in two parts.
       4. DCA will never share in an identifiable way, your DCA Complaint with AXA Health without your explicit consent.
       5. DCA shall notify by way of sharing your basic contact information, AXA membership number and Healthcare Scheme Complaint summary, with AXA Health, following resolution of a Healthcare Scheme Complaint. This allows AXA Health to comply with its obligations under applicable laws and regulations, including dispute resolution and issuing a summary resolution communication.
       6. DCA shall escalate by way of sharing your basic contact information, AXA membership number and Healthcare Scheme Complaint summary, with AXA Health, if your Healthcare Scheme Complaint is not resolved within 3 (three) business days. DCA shall notify you of this escalation and provide the contact details for AXA Health’s Complaint Resolution Department. More information can be found on AXA Health’s website.
       7. DCA shall ensure it has the necessary legal basis to transfer the Complainant’s information to AXA Health. More information can be found on the DCA Privacy Policy.
       8. You can escalate your Healthcare Scheme Complaint to AXA Health at any time, using the contact details in Schedule 1 clause 1.1.7.

Registered Office: 19-21 Great Portland Street, London, W1W 8QB

If your query is urgent, we recommend you contact us by telephone.

You can access our Services in four ways:

Cancellation of your subscription

In such circumstances we will refund you a pro rata amount of your Subscription Fee based on the remaining period of your subscription (or the affected period in the case of 4.2.11 d).

4.4.1 You may be entitled to a Health Assessment if arranged by and paid for on behalf of your employer. In the future you will be able to purchase a Health Assessment as a one-off, self-pay service through the Platform. Purchasing a Health Assessment does not create a Subscription, and the Subscription cancellation terms at clause 4.2 do not apply to it. The eligibility, booking, results, limitations, charges and refund terms which apply to Health Assessments are set out in clause 7.8.

A valid Court of Protection Deputyship Order (relating to personal welfare),

A relevant Court of Protection or High Court order authorising specific health-related decisions,

7.2.1 At Doctor Care Anywhere, we are committed to supporting your mental health and wellbeing. However, we are not an emergency medical service. In situations where you are experiencing a mental health crisis, such as suicidal thoughts, self-harm, or severe distress, we will strongly advise you to seek immediate assistance through NHS 111 Option 2, which offers 24/7 access to trained mental health professionals.

 

7.2.2 We understand that involving friends, family, or carers (FFC) in your care can be a sensitive matter. However, engaging your support network can be crucial in ensuring your safety and facilitating appropriate care during a crisis. If you choose not to involve FFC or decline to engage with recommended emergency services, please be aware that this may limit the support we can provide and could increase risks to your wellbeing.

 

7.2. 3In circumstances where there is a significant risk to your health or safety, or that of others, including risks of self-harm, harm to others, or safeguarding concerns involving children; and you are unwilling to seek appropriate emergency support, we may be obligated to take necessary actions. This could include contacting your nominated next of kin to inform them of the identified risks and to provide guidance on how they can assist in ensuring your safety. Such actions will be taken in accordance with professional and clinical guidelines, and with due consideration of your privacy and confidentiality.

 

7.2.4By using our Services, you acknowledge and accept these provisions regarding mental health crisis support and our duty of care in situations involving significant risk.

Amending, cancelling and non-attendance of appointments

7.8.1 In addition to consultations with a Medical Professional, our Services include Health Assessments: structured health checks combining an online questionnaire, diagnostic measurements (such as blood tests and blood pressure checks) taken by one of our Health Assessment Partners, and clinical review and reporting by a DCA Medical Professional. 

7.8.2 The Health Assessment Service enables you to purchase a tailored Assessment through your employer as an Employer-funded Assessment (see clause 7.8.22 below) and in the future through the Platform, as a one-off, self-pay service,. Purchasing a Health Assessment does not create a Subscription, and the Subscription cancellation terms at clause 4.2 do not apply to it. 

7.8.3 Once you purchase an Assessment, you will be guided through a structured pathway: completing a tailored questionnaire based on your selected Assessment; booking and attending a diagnostic appointment for measurements such as blood tests and blood pressure checks; and receiving clinical review and reporting from a DCA Medical Professional. 

7.8.4 When you purchase an Assessment, an account with our Health Assessment Partner(s) will be created for you automatically, using the information you provide during your DCA registration, so that we can create your case record, manage your diagnostic appointment, and securely store and share your results. No separate registration step with our Health Assessment Partner(s) is required. 

Eligibility, booking and appointments 

7.8.5 To purchase and receive a Health Assessment you must: be 18 years old or over; provide accurate personal and health information; have, or create, a DCA account; and be satisfied that you are able to attend an appointment at a location in our Health Assessment Partner(s)' network (details of which are available on the Platform). If you are not satisfied that you can attend such a location, this will not invalidate your contract with us, but it may affect our ability to provide the Health Assessment Service to you. 

7.8.6 You must complete registration with DCA, and mobile phone two-factor authentication, before your order for an Assessment can be completed. We cannot accept payment, or complete or accept your order, until this is done. 

7.8.7 Appointment availability is provided by our Health Assessment Partner(s) and shown in local time, and only after your order has been accepted. Appointments can only take place at a location in our Health Assessment Partner(s)' network. 

7.8.8 You may reschedule your appointment up to two times, provided you ask us at least 48 hours before your appointment; we may decline requests made on shorter notice. We (or our Health Assessment Partner(s)) may also reschedule your appointment — for example for clinical, operational or staffing reasons — and this will not count towards your two reschedules. 

7.8.9 If your appointment does not go ahead and this is a Failed Journey attributable to us or our Health Assessment Partner(s), we will refund the charges you paid for the affected Assessment. If the Failed Journey is attributable to you, no refund will be due, and you will need to purchase a new Assessment if you wish to proceed. This does not affect your statutory rights as a consumer or your right to change your mind under clause 7.8.20 below. 

Clinical pathway and results 

7.8.10 You must complete your tailored questionnaire after booking your appointment and before we can produce your Health Assessment report. If diagnostic tests are not completed, we cannot produce your report either. 

7.8.11 Diagnostic tests are carried out at a location in our Health Assessment Partner(s)' network. Results are transferred securely to us and reviewed by a DCA Medical Professional. 

7.8.12 We will share your report with you through your Health Assessment Partner account and your DCA account. Where your results are urgent (as determined by a DCA Medical Professional), a DCA Medical Professional will contact you proactively. 

7.8.13 You are entitled to one results-discussion with a DCA Medical Professional at no extra cost, as part of the Health Assessment Service (a proactive call to discuss urgent results counts towards this entitlement). This discussion is only for matters relating to your Health Assessment report, and must take place within 14 days of us sending you your report, after which the entitlement expires. We may depart from these timeframes, acting reasonably and in your best interests. 

7.8.14 Where clinically appropriate, a prescription arising from your Health Assessment will be issued for you to collect from a pharmacy of your choice, in the same way as a prescription from your NHS GP, once your identity has been verified. The Health Assessment Service does not dispense or charge for medication; this is handled by your chosen pharmacy and we are not responsible for it. 

Limitations of the Health Assessment Service 

7.8.15 The Health Assessment Service provides a one-off assessment based on your questionnaire answers, physical measurements and laboratory results. It is not a substitute for care from your GP, and does not diagnose, treat or manage medical conditions, prescribe repeat medication, or refer you to NHS or private specialists. 

7.8.16 The Health Assessment Service does not provide emergency or urgent care. If you have acute or worsening symptoms, you must contact your GP, call 111, attend an Urgent Treatment Centre, or dial 999 in an emergency. 

7.8.17 The Health Assessment Service does not include mental health diagnosis or crisis support; clause 7.2 (Mental Health Crisis Support) does not apply to the Health Assessment Service. If you are experiencing mental health concerns or distress, you should seek help from your GP or the emergency services. 

7.8.18 DCA Medical Professionals reviewing your Assessment may not have access to your full medical history, medications or previous test results, and rely on the information you provide and the results supplied by our Health Assessment Partner(s). Any abnormal findings will need to be followed up with your GP or usual healthcare provider. We do not provide repeat testing, monitoring or long-term follow-up as part of the Health Assessment Service, and ongoing responsibility for your health remains with your GP. The Health Assessment Service does not include imaging, digital wearables, ECG interpretation, or physical examination beyond the measurements taken at your appointment. 

Charges, cancellation and refunds 

7.8.19 The charges for an Assessment are shown on the Platform and must be paid in full when you place your order; your order is only accepted once payment has been taken. If the rate of VAT changes between your order and the date we supply your Assessment, we will adjust the VAT you pay accordingly, unless you have already paid in full before the change takes effect. 

7.8.20 You have 14 days from the date we accept your order to change your mind. You lose this right once your Assessment has been completed; if you cancel after it has started but before it is complete, you must pay for the parts of the Assessment already provided, and any refund will be reduced accordingly. To exercise this right, contact us using the details in clause 2 of these Terms; we will refund you within 14 days, using the method you paid with, and will not charge a fee for doing so. 

7.8.21 In addition to your right to change your mind, and without prejudice to your statutory rights as a consumer, you will also receive a refund: if we cannot fix something that is wrong with your Health Assessment Service or provide a replacement; if we withdraw the Health Assessment Service; if your blood cannot be drawn as part of your Assessment (other than where you refuse, or this is otherwise your fault); or where a Failed Journey is attributable to us or our Health Assessment Partner(s) under clause 7.8.9 above. We will not provide a refund where we cannot provide the Health Assessment Service because you have not complied with your obligations under these Terms, where you fail to attend your appointment, or where you do not wish to have your results-discussion. 

Employer-Funded Assessments 

7.8.22 Where your Assessment is an Employer-Funded Assessment: the provisions of this clause 7.8 requiring payment by you do not apply to you; your order is confirmed in accordance with that separate agreement rather than on your payment, but the rest of this clause 7.8 (including eligibility, booking, the clinical pathway and data handling) continues to apply to you; any refund which would otherwise be due to you under clause 7.8.21 above is instead dealt with under the agreement between us and your employer and will not be paid to you directly; and this does not affect any statutory rights you have as a consumer. Where you complete a pre-screening questionnaire before being referred for an Employer-Funded Assessment, that questionnaire is governed by the separate privacy notice provided to you at that stage, and not by these Terms. 

Health Assessment Partners 

7.8.23 We may add, remove or replace a Health Assessment Partner at any time, for example to change who provides diagnostic appointments or processes your results. We will publish the current Health Assessment Partner(s) on the Platform, and will notify you (for example, by email, text message or in-App notification) of any change that affects how your Health Assessment is delivered before it takes effect, or as soon as reasonably possible afterwards if the change is urgent or made for safety, security, clinical or regulatory reasons. A change of Health Assessment Partner does not amend the rights and obligations set out in this clause 7.8 and is not, of itself, a change to these Terms for the purposes of clause 11 (Changes to these Terms and/or Privacy Policy). If you have an Assessment already booked at the time of the change, we will either fulfil it with the new Health Assessment Partner on materially equivalent terms or, where that is not possible, offer you a suitable alternative appointment or a refund. 

Fair use, data and liability 

7.8.24 Our Acceptable and Fair Use Policy in Schedule 2 applies to your use of the Health Assessment Service, and extends to the staff and clinicians of our Health Assessment Partner(s) as well as our own Medical Professionals and employees. 

7.8.25 Our Health Assessment Partner(s) act as our data processors for the purposes of delivering the Health Assessment Service, and we require them to meet our data governance and security standards. Clause 8 of these Terms and our Privacy Policy explain how we use your personal data. 

7.8.26 Your contract for a Health Assessment is with us. Our Health Assessment Partner(s) are not contractually liable to you under these Terms. Clause 12 (Our liability) of these Terms, including the aggregate liability cap, applies to the Health Assessment Service. 

Schedule 1 – Healthcare Scheme terms

Schedule 2 – Acceptable and Fair Use Policy

Doctor Care Anywhere is committed to providing excellent Services to all our patients by ensuring that use of the Services and Platform is both acceptable and fair. This gives us the confidence that our Medical Professionals are available when our patients need them, and able to deliver our Services safely and efficiently.

Our Acceptable and Fair Use Policy is designed to prevent fraud and abuse of the Platform and/or DCA Services, by setting out the rules we expect you to follow.

Fair use rules

We are here to help, but we also reserve the right to deny access to the Platform or the Services on a temporary or permanent basis, in the event of and in our reasonable opinion, that:

• you have made excessive use of the Services. Excessive use is determined on a case-by-case basis as determined by DCA, and may include, but is not limited to:
  • 5 or more appointments in a calendar month;
  • cancelling an unreasonable number of appointments within 12 hours of the scheduled appointment time;
  • failure to attend an unreasonable number of appointments without prior notice; or
  • booking repeat appointments which are not clinically appropriate.
• your medical history is considered to be too complex for remote assessment and management, or your needs are considered to be more than we can safely treat;
• you have been abusive or have acted inappropriately to any Medical Professional, employee, partner or agent of DCA. Inappropriate acts include, without limitation:
  • inappropriate, abusive, offensive or fixative behaviours or remarks whether in person, by telephone, by email, via any social media or other means of communication;
  • time-wasting, which shall include cancellations as defined in these Terms;
  • refusal to comply with the reasonable and proper requirements of a Medical Professional in the course of a consultation or with any code of conduct or guidance adopted by DCA to comply with regulatory or good governance principles.
• use the Platform or Services in any way or for any purpose that is fraudulent, unlawful or inappropriate;
• use the Platform or the Services to cause or attempt to cause harm to others in any way. For example, but not limited to, Children, Young People or vulnerable adults;
• use the Platform or Services under a false identity or identity of a different patient;
• allow another person to access or use your account, username or password, unless:
  • they are an authorised Child or Young Person on your account receiving care in confidence;
• upload or provide any information to the Platform in breach of any:
  • third party’s intellectual property rights;
  • obligation of confidentiality; or
  • contractual duty owed to any third party.
• record your appointment unless you have discussed and sought the agreement of the Medical Professional.
• market, promote or solicit the Platform or Services, unless authorised by these Terms;
• establish a link to our website or Platform 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 in any website that is not owned by you;
• to frame our website or the Platform on any other website, nor may you create a link to any part of the Platform other than the home page; or
• misuse the Platform by:
  • knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempting to undermine the security or integrity of the Platform, networks or computing systems;
  • attempting to tamper, hack, spoof, copy, modify or otherwise corrupt or to gain unauthorised access to the Platform, the servers on which the Platform is stored, or any server, computer or database connected to the Platform;
  • attacking the Platform via a denial-of-service attack or a distributed denial-of service attack;
  • attempting to harvest or collect data about any other individual who uses the Platform;
  • using robots or scripts with the Platform;
  • posting or transmitting any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane;
  • attempting to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by the Platform.
• to represent yourself honestly and in good faith and not make false claims;
• to have appropriate and up to date anti-virus and anti-spyware software running on your device;
• that you are responsible for configuring your information technology, computer programmes and hardware in order to access the Platform.
• that if you link to our website or Platform, you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
• attend your appointments in a quiet, secure location so that you and your Medical Professional can consult with minimal distractions;
• should be appropriately dressed for video consultations; and
• wait for instruction from your Medical Professional where further examination is required by webcam, when your Medical Professional will request for this with your consent.
• Issue of a warning to you;
• Suspension or termination of your contract for the Services.
  • Where we consider it reasonable and at our complete discretion, we may provide you with a notice of improper behaviour before suspending, terminating, or offering alternative services, as we deem appropriate;
• Deletion of any information provided by you that we deem in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any third-party intellectual property rights;
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law; and/or
• Any further legal or remedial action against you that we reasonably deem to be appropriate.

Acceptable use rules

You are not permitted to (or permit anyone else to):

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.

You agree:

We respectfully request that you:

Breach of this acceptable and fair use policy

When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of our Terms upon which you are permitted to use our Platform and Services, and may result in our taking all or any of the following actions (at our sole discretion):

We exclude our liability for all action we may take in response to breaches of this Acceptable and Fair Use Policy.

Schedule 3 – Defined Terms

App DCA application installed on a smartphone or mobile device such as Android, iPhone or iPad.

Assessment A health check available for purchase as part of the Health Assessment Service, which may include venous blood draws, a medical questionnaire, and gender-specific checks.

Child / Children means your child for whom you have parental responsibility or Legal Guardianship under the age of 18.

CQC The Care Quality Commission is an executive non-departmental public body of the Department of Health and Social Care of the United Kingdom. It was established in 2009 to regulate and inspect health and social care services in England.

Data Protection Laws (a) To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; and (b) to the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the patient is subject, which relates to the protection of Personal Data.

Employer Funded Assessment An Assessment which is paid for on your behalf by your employer (or a company in its group) under a separate agreement between us and your employer, rather than being purchased and paid for by you.

Failed Journey A situation in which an Assessment appointment does not result in a completed appointment — for example because you do not attend, you cancel, or you have used both of your permitted reschedules under clause 7.8.8.

Family Member means an adult or a child for whom you have parental responsibility or Legal Guardianship, in your family.

Fit Note An official written statement from a Medical Professional giving their medical opinion on a person's fitness for work.

Health Assessment/Health Assessment Service The Services described in clause 7.8, Health Assessments.

Health Assessment Partner The third-party organisation(s) we work with from time to time to deliver the diagnostic and logistical elements of a Health Assessment, as published on the Platform.

Healthcare Number A unique number given to a patient to identify them in the public healthcare system of their jurisdiction. For example, England and Wales use the NHS number, Scotland use the Community Health Index Number (CHI number) and in Northern Ireland the Health and Care Number (H&C number). Some jurisdictions may not have a national number system, with each GP and hospital having their own reference system.

Healthcare Scheme A partner organisation who purchases DCA Services on behalf of their members, customers, patients, employees or other such persons. For example, as part of an insurance policy with an insurer; a benefit in an employee scheme from an employer; a benefit via a hospital or other health provider; or an organisation membership scheme with organisations such as retailers.

LPA The primary recognised document for this purpose is a Health and Welfare Lasting Power of Attorney (LPA) - a legal document registered with the Office of the Public Guardian (OPG) that allows an individual to appoint someone to make decisions about their health and personal welfare if they lose capacity. You will also be required to provide suitable photographic identification to verify your identity as the appointed attorney.

Medical Professional A qualified person who works for DCA as a doctor, advanced nurse practitioner, advanced clinical practitioner, pharmacist, mental health therapist, physiotherapist or paramedic.

PAYG When you access the Services on a pay as you go basis, self-paying per appointment.

PDS The NHS Patient Demographic Service is the UK national electronic database of NHS patient details such as name, address, date of birth and Healthcare Number (known as demographic information).

Pharmacy Affiliate A pharmacy who has partnered with DCA to manage the process of dispensing your medication, including delivering it direct to your door.

Platform The technology we use to deliver our Services as described in clause 1.4.

Provider DCA partners offering diagnostic investigations. These include pathology (e.g. blood tests, urine), radiology/imaging (e.g. x-ray, ultrasound scans, MRI) and cardiology (e.g. ECG, angiography).

Referral Approval Request - A supporting document for your referral which includes your personal and relevant medical data required for your claim to be approved.

Services The Services offered by Doctor Care Anywhere as described in clause 3, What we mean by our Services.

Young Children  means a younger Child who lacks / potentially lacks maturity and understanding. This makes it harder for them to make important decisions for themselves. DCA Medical Professionals will assess the Young Child’s capacity to make decisions during each appointment.

Young Person / People means an older or more experienced Child. This group is likely to be able to make decisions for themselves.