TERMS & CONDITIONS

INTRODUCTION

At Mobile Doctors 24-7, our mission is to make healthcare simpler for everyone and ensuring that we are able to provide the highest quality of care. By using our Service, Marketplace and our Mobile App (including ordering Products or Services through the App) you are deemed to understand and agree to these terms and conditions, including those relating to our privacy policy.

At Mobile Doctors 24-7 our job is to make sure that we always do the right thing and to ensure you have the best possible experience. We follow the highest legal and ethical standards and make sure that we live up to our ideals and uphold your trust.

Our TERMS &CONDITIONs

We may amend these from time to time. Please check to ensure you understand the terms that will apply at the time you enter into any transaction with Mobile Doctors 24-7. These Terms were most recently updated on 1st January, 2017.

  1. DEFINITIONS

The definition of the following words when used with capital letters are the following:

  1. Company: Mobile Doctors 24-7
  2. Advice” means the advice or other services provided by a Practitioner or the Company to a User through the App or otherwise facilitated by the Company.
  3. Service: As defined within Schedule 1 at the end of these T&Cs
  4. Affiliates: those persons providing Services or Products through the Company or its App or ordered through the Company or its App, including suppliers and Practitioners and any subcontractors to the Company.
  5. App: means the Mobile Doctors 24/7 mobile application provided by the Company and available via the Apple App Store, Google Play Store or by any other means.
  6. Event Outside Our Control: is defined in clause 8.2.
  7. Materials:means any materials, documents, information, intellectual property or other assets belonging to the Company and/or any Affiliate.
  8. Online Shop: means the facility provided to Users on the App for ordering and/or purchasing non-pharmaceutical and non-testing Product/s from a third party supplier.
  9. In writing or written: shall include in relation to any communication from the Company or its Affiliates, any email, on-screen alert, on-screen notification, prompt, field or other communication of information to you from the Company or its Affiliates and in relation to any communication from you to the Company shall include any email address provided to you by the Company for such communication
  10. CHANGES TO TERMS

The Company may revise these Terms from time to time in the following circumstances:

  1. changes in how the Company accepts payment from you;
  2. changes in relevant laws and regulatory requirements; and
  3. where the Company in its discretion deems a revision necessary or desirable and notifies you of such a revision.

If the Company makes a revision to these Terms under this clause, the Company will notify you when you next access the App. The then current Terms will apply to any transaction or use and it is your responsibility to ensure that you are content to contract on the then current Terms at the point of any transaction or use.

  1. SERVICE PROVISION
  2. The Services and Products ordered through the App may be provided to you by the Company or by a third party. These are the terms and conditions on which the Company supplies Services, Products or otherwise contracts with you. If a third party provides a Service or Product through the App, the third party may apply its terms and conditions to the Service or Product provided by it.  Please ensure that you carefully read these Terms and the terms and conditions of any third party which provides a Service or Product through the App.
  3. The Company does not contract otherwise than on these Terms unless explicitly agreed in writing. If you do not agree with these Terms, you should not use the Company’s App or otherwise order or use any Product or Services from the Company.
  4. The Company will not be responsible for any delays or lack of performance by it or any of its Affiliates due to an Event Outside Our Control.
  5. The Company may have to suspend the Services if the Company has to deal with technical problems, or to make improvements to the Services.
  6. SERVICE DEFECT

While we strive to ensure that we are able to provide an uninterrupted service, in the unlikely event that there is any defect with the Services:

  1. please contact and inform the Company as soon as reasonably possible;
  2. please give the Company a reasonable opportunity to repair or fix any; and
  3. the Company will use reasonable efforts to repair or fix the defect as soon as reasonably practicable.

The Company values your feedback and, following a consultation, provides you with the opportunity to rate your consultation and to provide additional comments. If you have any complaints, please do not hesitate to get in touch by telephoning the User service team or email us.

  1. RATES AND PAYMENT
  2. The price of the Services or Products will be set out in the Company’s App or in the Schedules to these Terms at the time of agreement by the Company to provide the Services and or Products.
  3. The Company’s prices may change at any time, but price changes will not affect any Services or Products that you have already ordered.
  4. The Company will typically charge or invoice you for the Services or Products at the time you order them. Any amounts charged or invoiced are due and payable upon the invoice being issued unless otherwise specified in these Terms or the App.
  5. You can pay for Services or Products using either your Visa and MasterCard or via PayPal.
  6. Payment for the Services and/or Products and all applicable delivery charges is to be made in advance.
  7. You understand and acknowledge that subscriptions will automatically renew upon the end of the agreed term, unless you provide a written request to the Company to cancel the subscription prior to the end of the relevant subscription period.
  8. Subscriptions available within the App and Website are payable up-front in advance.

 

  1. OUR PROMISE TO YOU

If the Company fails to comply with these Terms, the Company is responsible for loss or damage you suffer that is a foreseeable result of the Company’s breach of these Terms or the Company’s negligence, but the Company is not responsible for any loss or damage that:

  1. Is not foreseeable. Loss or damage is foreseeable if it is an obvious and direct consequence of our breach or if it is contemplated by you and the Company at the time the Company entered into this contract; or
  2. has been caused by a relevant Practitioner (except to the extent such Practitioner is an employee of the Company acting within the scope of their employment), Affiliate, subcontractor or third party.  Such Practitioner, Affiliate, subcontractor or third party person shall be solely liable for that loss or damage unless and to the extent that it is caused by the negligence, material breach or willful default of the Company.
  3. Partnership companies are not responsible for any loss or damage that has been caused by the Company, a Practitioner, an Affiliate or subcontractor or third party and the Company or the Practitioner, Affiliate, subcontractor or third party shall be solely liable for that loss or damage.
  4. The Service & App is not suitable for managing a medical emergency or acute condition, any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any product or service urgently. The Company cannot guarantee continuous availability of any particular Practitioner.
  5. Appropriate technical and organizational measures shall be taken against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and the Company’s obligations under law as a data controller, the Company is not responsible for any data loss or unauthorized access by other persons, whether a result of unauthorized access, misaddress, technical failure, technical interference, negligence or otherwise. The Company reserves the right to withdraw or delete any information from the App at any time.
  6. The Company:
    1. Otherwise disclaims all warranties, express or implied;
    2. Does not warrant that the App, the Company’s servers, or e-mail sent from the Company are free of viruses or other harmful components;
  • Will not be liable for any damages of any kind arising from the use of the Service & App, including, but not limited to: indirect, incidental, punitive and/or consequential damages.
  1. The Company provides, among other things, a communications platform for you to communicate with Practitioners and to order products and services from third parties. Except in respect of the actions or omissions of the Company or its officers and employees acting within the scope of their employment, the Company does not accept any liability or responsibility for the actions or omissions of any third party, in particular its Affiliates and any Practitioners who are not employees of the Company.
  2. The Company only supplies the Products and Services for domestic and private use. You agree not to use the Products and/or Services for any commercial, business or re-sale purpose, and the Company has no liability to you for any: loss of profit, loss of business, business interruptions or loss of business opportunity.
  3. EVENTS OUTSIDE OUR CONTROL
  4. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside Our Control.
  5. An Event Outside Our Control means any act or event beyond the Company’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.  For the avoidance of doubt, an Event Outside Our Control includes any action or failure to act by the relevant Practitioner and/or insufficient/variable network connectivity at any time for the User, Company or Practitioner.
  6. If an Event Outside Our Control takes place that materially affects the performance of the Company’s obligations to you under these Terms:
  7. the Company will notify you; and
  8. the Company’s obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the Company’s performance of Services to you, the Company will resume the Services as soon as reasonably possible after the Event Outside Our Control is over.
  9. ELECTRONIC COMMUNICATION
  10. When you use the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices, alerts, prompts, information fields or other information through the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  11. YOUR OBLIGATIONS

By agreeing to subscribe to the service you also understand the following and undertake that:

  1. All information you give to the Company, its Affiliates and any Practitioner will be accurate and not omit anything of importance;
  2. You will comply with all instructions and advice given to you by any Practitioner;
  3. If, following use of the Service or the App, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilize the emergency services as applicable.
  4. You will comply with any instructions given in relation to any medication given to you including in particular route, timing and dosages;
  5. You will promptly report any side effects of any medication to a Practitioner.
  6. You will not use any medication after its expiry date;
  7. You will not register more than once with the App or the Services;
  8. You will not register on behalf of any other person or answer questions or pretend to be any other person
  9. You will promptly notify the Company if you are aware that any part of your medical record in the App or held by the Company including any tests, prescriptions, imaging, advice given or opinion expressed is incomplete or inaccurate.
  10. INTELLECTUAL PROPERTY
  11. The content of the Company’s website, App and other Materials is protected by copyright, trademarks, database right and other intellectual property rights.
  12. You may retrieve and display the content of the Company’s App and/or any information stored on or procured through it on a computer or device screen, store such content in electronic form on disk or print copies of such content for your own personal and non-commercial use, provided you keep intact all and any copyright and proprietary notices.
  13. Consultations, activity and data inputted in the App may be recorded by the Company and you consent to such recording, storage and subsequent retrieval by the Company. You may view consultation recordings from within the App for your own private purposes (and may show them to any other medical practitioner who is supporting your care) but you acknowledge that all intellectual property rights in these belong to the Company.
  14. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of the Company’s App without written permission from the Company.  You do not obtain any right in the copyright, design right or any other intellectual property rights in any materials or other documents or items made available to you on the Company’s App or through your use of the Services.
  15. You shall be entitled to use any such materials, documents or other items as are referred above for personal use and only in connection with the Services but shall not be entitled to copy, edit, alter or disseminate (including but not limited to, distributing or making the materials, documents or other items available on a file-sharing network) any such items (in whole or in part) or use them for any commercial purpose. For the avoidance of doubt, nothing in these Terms restricts you from using your medical information for your own personal use including passing to any other medical practitioner.
  16. All content included in the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its content suppliers and protected by national and international copyright laws. The compilation of all content in the App is the exclusive property of the Company. All software used in the App is the property of the Company or its software suppliers and protected by national and international copyright laws.
  17. TRADEMARKS

The Mobile Doctors 24-7 mark, logo, combined mark and logo and other marks indicated in our App are trademarks of the Company or its Affiliates. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Company or its Affiliates.

  1. LICENSE AND APP USE

The Company grants you a limited license to access and make personal use of the App and not to modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You may not use any logo or other proprietary graphic or trademark of the Company or its Affiliates as part of the link without our express written permission.

  1. ACCOUNT USE

Persons aged 18 years of older may use the Service & App on their own, via their own account, via payment made using their own credit or debit card. Persons aged 17 years and younger (a “Minor”) may have their account opened by a parent or legal guardian on their behalf and the Minor may use the App and the Services only with the express permission and ongoing presence and supervision of the parent or legal guardian. The Company and its Affiliates reserve the right to refuse to provide Services and/or Products, terminate accounts, or remove or edit content where they have a reasonably held suspicion that a Minor is using the App and/or the Services contrary to the provisions of this clause.

  1. INTERNATIONAL USE

The Service and App may be used anywhere where it does not specifically contradict the laws and regulations of any jurisdiction that would apply to its use, or the provision of the Services or Products.  The Company makes no promise that materials on the Company’s website, App, Systems and Online Shop are appropriate or available for use in all locations and accessing the Company’s website, App, Systems and Online Shop from territories where its contents are illegal or unlawful is prohibited.  If in contravention of these Terms you access the Company’s website, Service, App, Systems and Online Shop, you do so on your own initiative and are responsible for compliance with local laws.

  1. ABUSE OF SERVICE

The Company reserves the right to deny any person (inclusive of any User) access to the App and/or its Services and Products in the event that the person is abusive or inappropriate to any Practitioner or any employee or agent of the Company. Inappropriate use includes, without limitation: (i) inappropriate, abusive, offensive behavior or remarks; or (ii) in the opinion of the Company make false representations and/or provide factually incorrect information or (iii) ‘time-wasting’; or (iv) excessive use of a Service or Services in the reasonable opinion of the Company and/or relative to typical usage patterns in the reasonable opinion of the Company. In the event of inappropriate or abusive use, the Company reserves the right to terminate provision of Services or Products and use of the App (including deletion of the User’s account and information) immediately upon notice.

  1. DESCRIPTION OF SERVICE

The Company, its Affiliates and Partners attempt to be as accurate as possible in their description of the Services. However, the Company does not warrant that descriptions of services or other content of the App is accurate, complete, reliable, current, or error-free. The Company provides links to other sites and maintains feeds from external data providers over which the Company has no control. The Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.

  1. APP POLICIES, MODIFICATION AND SEVERABILITY
  2. We reserve the right to make changes to our App at any time and to withdraw any Service by providing you with reasonable notice.
  3. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

  1. USE OF PERSONAL INFORMATION

The personal information that you have provided will be used to:

  1. Provide the Products and Services;
  2. Provide to Affiliates of the Company where reasonable or necessary in relation to the provision of the Products and Services, including provision of your information to Practitioners including Nurses, GPs, Specialists, dispensing chemists, partner pathology (testing) providers, and suppliers or subcontractors used in relation to the Online Shop;
  3. Process your payment for such Products and Services;
  4. Review and enhance the quality of the Services, including monitoring compliance with clinical care standards;
  5. Comply with reasonable requests by regulatory bodies including the General Medical Council, or as otherwise required by law or regulation;
  6. Provide information to your other healthcare providers; or
  7. The detection of fraud
  8. The Company retains the right to use anonymized data for purposes including (without limitation) research.
  9. The Company uses a third party to process payments and refunds. We do not store your credit card details.
  10. Authorised members of the Company’s clinical team may utilise consultation recordings for audit and quality monitoring purposes.

 

  1. OTHER TERMS

 

  1. The Company may transfer its rights and obligations under these Terms to another organization, and the Company will always notify you in writing if this happens, but this will not affect your rights or the Company’s obligations under these Terms.
  2. You may only transfer your rights or your obligations under these Terms to another person if the Company agrees in writing.
  3. Notwithstanding that this contract has a number of Schedules which may apply to one or more of the particular Services or Products supplied by the Company, they are one set of terms and may only be accepted or declined in full.
  4. The Terms are the terms of the contract between you and the Company. No other person shall have any rights to enforce any of the Terms.  The Company may enforce the Terms on behalf of Affiliates.
  5. If an Affiliate which is a third party provides a Service or Product through the App, such third party may apply its terms and conditions to the Service or Product provided by it and such terms and conditions will form the basis of a contract between you and the third party.
  6. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
  7. If the Company fails to insist that you perform any of your obligations under these Terms, or if the Company does not enforce its rights against you, or if the Company delays in doing so, that will not mean that the Company has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Company does waive a default by you, the Company will only do so in writing, and that will not mean that the Company will automatically waive any later default by you.
  8. You and the Company both agree to submit to the non-exclusive jurisdiction of the courts.

 

SCHEDULE 1 – SERVICE

CONSULTATIONS: VIDEO, AUDIO AND TEXT

  1. SERVICE AND RELIABILITY

 

  1. Certain Practitioners are employed by the Company and other Practitioners are independent third parties.  The Company has taken reasonable steps to verify the identity of Practitioners against their regulatory body’s database of members and in the normal course of events will use reasonable efforts to verify certain background information about a Practitioner.  However, the Company makes no representation or guarantee in relation to, and is not responsible for, the qualifications of any Practitioner or the suitability of any Practitioner that is not an employee of the Company.
  2. Consultations are subject to Practitioner availability. When you place an order for a consultation with a Practitioner, the Company shall use reasonable efforts to offer a consultation within a reasonable period of time, but the Company does not guarantee to offer a consultation with a specific Practitioner.
  3. By using a text, audio and/or video consultation, you consent to the use of a remote service.
  4. You acknowledge that while the Company takes all reasonable precautions, due to the nature of electronic communications the security of a remote interaction cannot be guaranteed.
  5. You understand and agree that consultations with Physicians and other Practitioners may be limited to 20 minutes in duration.
  6. Advice, information or other communications given or made remotely by audio or video are by their nature limited relative to a face-to-face consultation.  A non-face to face consultation may therefore not be sufficient in certain circumstances and Users should be aware of, and by using the Company’s App and any other facility are deemed to have accepted, those limitations. In particular, a non-face to face consultation is unlikely to be appropriate or sufficient in circumstances of: (i) emergency, (ii) urgency, (iii) where a physical examination is likely to be required, (iv) where physical intervention is likely to be required, or (v) where the problem, issue or information required is not suited to remote communication.
  7. It is the responsibility of the User to evaluate whether any advice received via the Services is suitable or sufficient for the User’s needs, to what extent the User should rely upon it and whether the User should seek the assistance of their GP, other medical practitioner or emergency services.
  8. If, following use of the Service or App, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilize the emergency services as applicable.
  9. OUR COMMITMENT

Each of our Practitioners have committed:

  1. To provide a professional and transparent service that complies with the NICE International Guidelines on remote prescribing, essential standards of quality and safety as identified within clinical best practice and evidenced based care
  2. To provide medication only when in their professional judgment it is in the patient’s best interests to receive the medicine being requested and, accordingly, to refuse to provide medication advice when they believe it is not in the patient’s best interests to receive medicines without the benefit of a face to face consultation; and
  3. To take all reasonable steps to protect patients’ personal information.

SCHEDULE 2 – MONITORED HEALTH

 

  1. USAGE TERMS

Based upon user acceptance and the separate T&Cs for individual programs the following are the basic T&Cs:

  1. The purpose of the Monitored Health part of the App is to display data resulting from clinical investigation, other clinical data and other fitness and wellness related data regarding you.
  1. Data may be inputted into our APP: (i) manually by the User, (ii) through third party devices or data streams which connect with the App, and (iii) via data received from or inputted via other parts of the App, for example as a result of undertaking a test, prescription or a consultation. Please note that Monitor Health provides for the display of data only, is limited to the receipt of data from the above sources, does not provide diagnostic or other advice or recommendations and does not provide a complete or up to date record of your health at any given time, unless specifically specified as part of a Monitored Health Program.
  2. It is your responsibility to update the data stored in our APP and to ensure that it is current and up to date. The Company does not accept any responsibility to update or monitor the data in any User’s account nor does it accept responsibility for ensuring that all activity through the App is logged or monitored.
  3. Our APP may make use of data feeds from third party providers, including third party providers to which you provide access. You acknowledge and agree that available data feeds may vary from time to time, that the Company makes no guarantee that any particular data feed will be available or available at a particular time, that data feeds may require your authorization in order to be accessible to you via the App, that the Company will have access to and may store data feeds and data to which you authorize access.
  4. Monitored Health and our APP is not a medical device nor should it be used for diagnosis or treatment of any condition. It is intended as an information aid only.
  5. Monitored Health may display certain information relating to a user derived from data stored for that user (for example, body mass index) and recognized guidelines. You should note however that any such display or information provided is based on generic data and assumptions and is not designed to be and may not be used for personalized advice regarding any particular User or any particular User’s circumstances. It should therefore be treated as a general guide and is not a substitute for personal medical advice or diagnosis. It will in addition be based on a number of assumptions that may or may not be accurate or applicable to any particular User. No responsibility is taken for any action or omission that a User may take based on in connection with or in reliance upon any information shown in Monitor Me.
  6. The Company reserves the right to delete any Monitored Health account or data display at any time without liability to the User.

 

DISCLAIMERS

  1. Mobile Doctors 24-7 is not an emergency service and in case of emergency you should contact your Emergency Provider.
  2. Mobile Doctors 24-7 is not an insurance product or a prescription service.
  3. Mobile Doctors 24-7 does not replace your existing primary care physician relationship.
  4. Medical services rendered by your physician are subject to their professional judgment.
  5. Mobile Doctors 24-7 operates subject to the appropriate regulations to where they operate.
  6. Mobile Doctors 24-7 does not guarantee that a prescription will be written.
  7. Mobile Doctors 24-7 physicians do not prescribe controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse.
  8. Mobile Doctors 24-7 reserves the right to refuse to provide medication advice and/or Service when they believe it is not in the patient’s best interests to receive medicines without the benefit of a face to face consultation.
  9. Mobile Doctors 24-7 reserves the right, but not the obligation, to deny service if the Physician at any time during the Consultation feels that there is a potential misuse of services to avoid comprising the quality of care.
  10. Mobile Doctors 24-7 physician phone consultations are available 24/7/365.
  11. Mobile Doctors 24-7 and the Mobile Doctors 24-7 logo are registered trademarks of Mobile Doctors 24-7 , Inc. and may not be used without written permission.