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Medicspot Terms and Conditions

WHICH SECTION(S) OF THESE TERMS AND CONDITIONS APPLY TO YOU?

If you are a customer accessing our consultation services and paying for those services yourself, we refer to you as a “self-paying customer” and the terms and conditions under the following sections apply to you: INFORMATION FOR EVERYONE, TERMS WHICH APPLY IF YOU ACCESS OUR SERVICES, TERMS WHICH APPLY IF YOU ARE A SELF-PAYING CUSTOMER and OTHER IMPORTANT TERMS.

If you are accessing our consultation services through your or your family member’s employment benefits scheme, where a sponsoring employer is paying for your consultation, we refer to you as an “eligible user” and the terms and conditions under the following sections apply to you: INFORMATION FOR EVERYONE and TERMS WHICH APPLY IF YOU ACCESS OUR SERVICES.

If you are accessing our website for any reason (whether as a self-paying customer, an eligible user, a business customer or otherwise), then the terms and conditions under the following sections apply to you: INFORMATION FOR EVERYONE, TERMS WHICH APPLY IF YOU ACCESS OUR WEBSITE and OTHER IMPORTANT TERMS.

INFORMATION FOR EVERYONE

1 THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we provide services to you, and on which you access and use our website.

1.2 Why you should read them. Please read these terms carefully before you use or make a booking for our services. These terms tell you who we are, how we will provide services and website to you, what to do if there is a problem and other important information. If you are a self-paying customer, these terms will also tell you how you and we may change or end the contract.

2 INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Medic Spot Limited, trading as Medicspot, a company registered in England and Wales. Our company registration number is 10089666 and our registered office is at Iberian Park, Drury Lane, St. Leonards-On-Sea, England, TN38 9XP. We are registered with the Care Quality Commission (number 2608070379), the independent regulator of health and social care in England. We are registered with the Information Commissioners Office (ICO) (registration number: ZA189190).

2.2 How to contact us. You can contact us by calling 02036378398 or by writing to us at info@Medicspot.co.uk or Iberian Park, Drury Lane, St. Leonards-On-Sea, England, TN38 9XP.

2.3 How we may contact you. If we have to contact you we may do so by telephone or by writing to you at an address (electronic or postal) that you have provided to us. Where you have given us permission to do so, we may communicate through other electronic means such as our web application or using social media or, when you are in one of our affiliated premises (as such term is defined at clause 5.8 below), through a clinical station that you are using.

2.4 How we will use your personal information. We will only use your personal information as set out in our privacy policy at www.medicspot.co.uk/privacy.

2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails and other electronic communications.

TERMS WHICH APPLY IF YOU ACCESS OUR SERVICES

3 BOOKING A CONSULTATION

3.1 Your booking. You can make a booking for our services via our website (www.Medicspot.co.uk), an affiliated website through our booking system, our web application (Medicspot App), or by going into one of our affiliated premises (which may be located in pharmacies or other locations where our services are advertised), as listed on our website and/or Medicspot App. If you are an eligible user, you will need to make your booking using the method communicated to you by or on behalf of your employer.

3.2 How we will accept your booking. Our acceptance of your booking will take place when we email you to accept it (where you have made a booking online), or when the confirmation of your booking appears on the Medicspot App, the booking website or on the computer screen at a clinical station in one of our affiliated premises (where you have made a booking through the Medicspot App or by going into one of our affiliated premises). If you are a self-paying customer a contract will come into existence between you and us when you receive the confirmation of your booking.

3.3 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and (if you are a self-paying customer) will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because of unavailability of any of our affiliated premises or doctors/clinical staff (known as “clinicians”) or other resource.

3.4 We only provide our services in the UK. You must be in the UK in order to use our services.

4 OUR SERVICES

4.1 We or our clinicians may provide any of the following services to you (depending on what is available to you if you are an eligible user, and what you have ordered in all other cases):

  • 4.1.1 online consultations using the clinical stations located at our affiliated premises;

  • 4.1.2 online video or telephone consultation using your own computer, mobile phone or other compatible electronic device;

  • 4.1.3 online consultations following completion of a patient questionnaire completed by you;

  • 4.1.4 physical in-person consultations occurring from a site either controlled by us or a third party;

  • 4.1.5 access to your medical records and general health information;

  • 4.1.6 any other services advertised on our website, the Medicspot App or at our affiliated premises from time to time;

  • 4.1.7 referrals for tests such as blood tests, swabs and imaging;

  • 4.1.8 referrals to other healthcare providers, such as to specialists or to blood testing services; and

  • 4.1.9 provision of documentation following consultations, such as insurance medicals and sick notes.

If you are an eligible user, the services available to you will be in accordance with the arrangements your employer has made under their contract with us or our partners.

4.2 Our consultation services are provided by our chosen clinicians (all of whom (where appropriate) are registered with the UK General Medical Council or other appropriate registration body). We may change our chosen clinicians from time to time at our discretion.

4.3 The services that we provide are described on our website or the Medicspot App from time to time. We reserve the right to change the description of the services from time to time and will publish any update to such services on our website or the Medicspot App. If you are an eligible user, the services available to you and any changes to those services will be in accordance with the arrangements your employer has made under their contract with us or our partners.

4.4 OUR SERVICES SHOULD NOT BE USED IN THE EVENT OF A MEDICAL EMERGENCY. Our services are not suitable for the treatment of certain medical conditions including suspected heart attack or severe chest pain, neurological deficit or suspected stroke or seizures, severe or heavy bleeding, severe pregnancy related complications, severe mental health issues, severe or sudden onset of pain, major trauma on any part of the body or unrelenting high fever. We may also list additional conditions on our website from time to time as being unsuitable for our consultation services.

4.5 Our services are not suitable for use by children under 5 years old. Children between the ages of 5 and 14 may use our services provided they are accompanied by a parent or legal guardian who can consent to treatment on the child’s behalf and provide ID (of the adult) and agree to make all associated payments. Children between the ages of 15-17 may use our services where we or the allocated clinician determine, in our or their sole discretion, that the child has the capacity to consent to the use of such services and (where that child is a self-paying customer) is lawfully able to make payment for the services.

4.6 The choice of service suitable for you during the consultation is entirely at our and/or the clinician’s discretion. You, or your employer if you are an eligible user, will not be entitled to a refund in the event that the clinician does not provide you with the treatment that you had hoped for, including, but not limited to, where the clinician is unable to diagnose your condition or refuses to provide you with a prescription, referral or sick note.

4.7 Provided you have not booked a consultation for a medical condition listed at clause 4.4 above or on our website from time to time in accordance with that clause, if we or the allocated clinician determine, in our or their sole discretion, that the services are not suitable for you or your medical need/condition, we or they will inform you of this and may advise you to seek alternative medical advice or treatment which may include referral to another healthcare service that may be private or public in order to manage your health.

4.8 We may offer some services in conjunction with third parties in order to complete your service request. This can include pathology collection and testing services or referrals. We will let you know if there is an additional charge for these services before you order them. If you are a self-paying customer, clause 18.5. will apply to all services not directly delivered by Medicspot.

5 CONSULTATIONS

5.1 Consultations will take place via video chat or telephone with one of our clinicians via your personal mobile device, computer or telephone, or at a clinical station in one of our affiliated premises. Some consultations may also take place in a face to face setting; from an affiliated premises or other premises such as a workplace or home. This will depend on what you order at the time you make your booking and if you are an eligible user, this may also depend on what you are entitled to under the relevant scheme.

5.2 Video consultation will usually last approximately 10-15 minutes. If the consultation exceeds 30 minutes, your session may be terminated by the clinician if, in the clinician’s opinion, it is safe to do so. Neither you nor the person paying for your appointment (if different) will be entitled to a refund if your consultation lasts fewer than 10-15 minutes.

5.3 If you (a). are not at the clinical station in your chosen premises, (b). do not log in to your account on the Medicspot App, or (c). do not accept our video or telephone call within 5 minutes of the time and date specified in your booking, and:

  • 5.3.1 you are a self-paying customer, we may end the contract and clause 17.2 will apply; or

  • 5.3.2 you are an eligible user, we may refuse to provide the service to you and the person paying for your consultation will not receive a refund.

5.4 Our clinician will use his or her reasonable efforts to be available for your consultation, either via video chat or by telephone, at the time and date specified in your booking. However, the clinician may not be available up to 30 minutes after the time and date specified in your booking and such a delay will not give you any right to terminate the contract and/or cancel the booking.

5.5 ID verification. We reserve the right to verify your identity or the identity of an accompanying adult (when consulting with a child) during each consultation/at the time of booking. This can be done via:

  • 5.5.1 photographic ID which must match with the details supplied by you during the booking process;

  • 5.5.2 use of third party services to check ID which can include credit card, electoral roll, phone records which may leave a “digital footprint”; or

  • 5.5.3 cross check of ID with photographic records on file (if you are using a subscription).

5.6 If photo ID cannot be supplied when asked for, the consultation cannot continue, the consultation will be terminated, and neither you nor the person paying for your consultation (if different) will be entitled to a refund.

5.7 During any consultation, our clinicians may, in their sole discretion, provide you with certain medical services including, but not limited to, the following:

  • 5.7.1 diagnosis of a medical condition;

  • 5.7.2 advice on how to treat a medical condition;

  • 5.7.3 providing you with necessary medical private prescription;

  • 5.7.4 referral to a third party medical service (either NHS or non-NHS);

  • 5.7.5 sick note or other letter; and/or

  • 5.7.6 referral for further investigations such as blood tests or imaging tests.

5.8 Consultations at our clinical stations

This clause 5.8. applies where you have booked a consultation to take place at a premises in which we have installed and authorised the use of one of our clinical stations (each being an “affiliated premises”).

5.8.1 The consultations at affiliated premises will take place in a consulting or private room. If you are not comfortable that the affiliated premises is providing you with a sufficiently private consultation area, you may stop using the services and, if you are a self-paying customer, terminate the contract with us and receive a full refund.

5.8.2 The clinical station allows you to engage with a clinician through an online consultation or video consultation system. The clinical station also allows the clinician to conduct various medical examinations on you remotely by guiding you as to how to use the medical equipment available at the clinical station, including a blood pressure cuff, stethoscope, Medicam, pulse oximeter and thermometer.

5.8.3 You are responsible for using the medical equipment as directed by the clinician and / or the instructions provided by the clinical station. If you have any difficulties in doing so, we recommend that you seek help from an assistant at the affiliated premises.

5.8.4 We will not be liable to you for any injury or damage caused to you, any third party or any property by your failure to follow the clinician’s or the clinical station’s reasonable instructions or your negligent or reckless use of the clinical station, including the medical equipment.

5.8.5 If the clinical station is not available or the connection is not satisfactory (in yours or the clinician’s reasonable opinion), we may offer to provide the services to you via an alternative communication channel (such as a telephone call) where, in our clinician’s sole discretion, that is appropriate.

5.8.6 If for any reason we are unable to provide the services to you via an alternative communication channel or our clinician considers that to do so would be inappropriate under clause 5.8.5, then we will offer you the opportunity to book a new appointment, or to claim a refund for the services we were unable to provide.

5.8.7 There is no relationship of partnership or joint venture between us and the affiliated premises and neither of us is acting as agent for the other. We will not be liable for the actions or omissions of any premises, nor any of their agents, employees, contractors or subcontractors.

5.9 Mobile consultations

5.9.1 This clause 5.9 will apply where you have opted for the consultation to take place otherwise than using our clinical station at an affiliated premises, using a personal electronic device.

5.9.2 You will need to log in to your account using the method you chose when making your booking, and then using any links or other connection methods we have notified to you between the time you made your booking, and the time of your consultation. Alternatively, if you have chosen for us to call you, you will need to await our video or telephone call using your device at the time at which your consultation is booked.

5.9.3 You are responsible for ensuring that your device is suitable for use of our services, including ensuring that your internet connection is adequate in order to conduct a video chat consultation (if applicable). We will not be liable for any failure to use our services that occurs as a result of your device or connection being unsuitable for use of our services.

5.9.4 You are responsible for ensuring that your consultation takes place in a private and confidential location.

5.9.5 If you have chosen to attend your consultation through the Medicspot App and the connection is not satisfactory, we may provide the services to you via an alternative communication channel (such as a telephone call) where, in our clinician’s sole discretion, that is appropriate.

5.9.6 If you have chosen to attend your consultation through telephone or video call and the connection on your device is not satisfactory, we may provide the services to you via an alternative communication channel where, in our clinician’s sole discretion, that is appropriate.

5.9.7 If for any reason we are unable to provide the services to you via an alternative communication channel or our clinician considers that to do so would be inappropriate under clause 5.9.6, then we will offer you the opportunity to book a new appointment, or to claim a refund for the services we were unable to provide.

6 PRESCRIPTIONS, REFERRALS AND / OR SICK NOTES

6.1 The provision of a prescription, letters, sick note or referral is entirely at the clinician’s discretion. If a prescription is issued by the clinician, we will not (and nor will the clinician) be responsible for providing you with the products and/or medication prescribed. The cost of prescribed prescription products and medication are not included in the charges paid or payable to us in respect of the services.

6.2 The content and format of any prescription, letter, referral or sick note is entirely at the clinician’s discretion and you may not amend, modify or tamper with a prescription, letter, referral or sick note provided by a clinician to you during or following a consultation.

6.3 We cannot guarantee that any referral, letter, sick note, or other similar document we or the clinician issue will be accepted by the relevant authority or other addressee, and (subject to the terms of clause 18.2), if you are a self-paying customer, we shall not be liable to you for any loss you suffer as a result of this.

6.4 The quantity of any medication prescribed by the clinician will be at the sole discretion of Medicspot and/or the clinician.

6.5 MEDICATIONS WE CANNOT PRESCRIBE. Our clinicians are under no obligation to issue any prescription (or to issue any repeat prescription). Prescriptions for the following types of medications cannot be obtained through use of our services and our clinicians are not permitted to prepare prescriptions in respect of such medications:

6.5.1 any medicine classed as controlled or restricted drugs or substances under the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001 https://www.gov.uk/government/publications/controlled-drugs-list--2/list-of-most-commonly-encountered-drugs-currently-controlled-under-the-misuse-of-drugs-legislation including but not limited to zolpidem and zopiclone;

6.5.2 medications which are not licensed in the UK;

6.5.3 inappropriate quantities of any medication (where such appropriateness will be in the clinician’s opinion);

6.5.4 strong (opioid) analgesics that have the potential to be abused;

6.5.5 medications that need to be initiated and/or prescribed by a hospital consultant specialist; or

6.5.6 Medicspot’s list of “do not prescribe” medication, which can be found on our website at https://www.Medicspot.co.uk/medicine

7 INFORMATION WE NEED FROM YOU TO PROVIDE THE SERVICES. **7.1 We provide the services to you either by you setting up an account with us.**When using our services, we will require you to provide certain information about yourself via a form you will need to complete online, on the Medicspot App or at the clinical station. This will create an account for you with us. The information you provide is necessary for us to be able to provide the services to you. That information includes, for example, your name, address, age and information relating to your health. We will need to retain information relating to your account for a certain amount of time after your consultation (if you have booked an one-off consultation) or after the termination of your subscription (in all other cases). Further information about how we use your information is available in our Privacy Policy at: www.medicspot.co.uk/privacy.

7.2 What will happen if you do not give required information to us. If you do not give us or the clinician information we or they request within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may:

7.2.1 if you are a self-paying customer, either end the contract (and clause 17.2. will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result; or

7.2.2 if you are an eligible user, cancel or end your consultation.

We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.3 You are responsible for providing information, including medical information, which is complete, accurate and up to date. We will not be liable for any loss or damage that you or any third party may suffer as a result of your failure to provide complete, truthful, accurate and up to date information, including but not limited to medical information relating to you or the child you are booking a consultation for, or accompanying to a consultation.

8 USE OF THE SERVICES.

8.1 You must not access, store, distribute or transmit any viruses, or any material during the course of your use of the services that:

  • 8.1.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

  • 8.1.2 facilitates illegal activity;

  • 8.1.3 depicts sexually explicit images;

  • 8.1.4 promotes unlawful violence;

  • 8.1.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

  • 8.1.6 is otherwise illegal or causes damage or injury to any person or property,

and we reserve the right, without liability or prejudice to our other rights, to disable your access to any material that breaches the provisions of this clause 8.1.

8.2 You agree not to use our services for any illegal purpose.

8.3 You understand and agree that any medical treatment or advice, including any prescriptions, referrals or sick notes, are for your own personal use (or the child you are accompanying) only and that you cannot transfer it or them to any other person.

9 IF THERE IS A PROBLEM WITH THE SERVICES

9.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone us on 02036378398 or write to us at info@Medicspot.co.uk or Iberian Park, Drury Lane, St. Leonards-On-Sea, England, TN38 9XP. If you wish to make a complaint of a medical nature, please go to the complaints page of our website or the Medicspot App and your complaint will be dealt with according to our complaints procedure. Please contact us for a copy of our complaints policy if needed.

9.2 We are under a legal duty to provide services that are in conformity with this contract.

TERMS WHICH APPLY IF YOU ARE A SELF-PAYING CUSTOMER

10 PROVIDING THE SERVICES

10.1 How we will provide the services to you. We will provide the consultation services to you in one of two ways:

*10.1.1 Pay as you go service. If you make a one-off booking to purchase our consultation services, we will, subject to the terms and conditions of this contract, provide the services to you at the time and date agreed with you during the booking process.

*10.1.2 Subscription service.

*10.1.2.1 You may purchase, and we may agree to provide, our services through a subscription. The specific details and limitations that apply to the subscription you purchase will be as described on our website at the time you purchase the subscription.

*10.1.2.2 If we agree to provide our services to you on a monthly subscription basis, we will supply the services to you for a minimum period of 3 months. After that three month period, your subscription will continue on a monthly basis unless and until you notify us in writing or via your account that you wish to cancel your use of the services or unless and until the contract is ended for any other reason pursuant to these terms and conditions. You must notify us at least five (5) days before the end of your subscription month in order for the subscription to cancel at the end of that subscription month. Otherwise, your subscription will cancel at the end of the following subscription month.

*10.1.2.3 If we agree to provide our services to you on a quarterly subscription basis, your subscription will continue on a quarterly basis until you notify us in writing or via your account that you wish to cancel your use of the services or unless and until the contract is ended for any other reason pursuant to these terms and conditions. You must notify us at least five (5) days before the end of your subscription quarter in order for the subscription to cancel at the end of that subscription quarter. Otherwise, your subscription will cancel at the end of the following subscription quarter.

*10.1.2.4 If we agree to provide our services to you on an annual subscription basis, your subscription will not renew after each year unless you have opted in for automatic renewal. If you have opted in for automatic renewal, your subscription will continue on an annual basis until you notify us in writing or via your account that you wish to cancel your use of the service or unless and until the contract is ended for any other reason pursuant to these terms and conditions. If you have opted for automatic renewal, we will inform you in writing (which may be through your account) in advance that your subscription is due to renew and you will need to notify us at least five (5) days before the end of your annual subscription period that you wish to cancel your annual subscription.

10.2 We are not responsible for delays outside our control. If our provision of any services is delayed by an event outside our or the clinician’s 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 contract and receive a refund for any services you have paid for but not received.

11 SUSPENDING OUR SERVICES

11.1 We may have to suspend the supply of services to:

  • 11.1.1 deal with technical problems or make minor technical changes;

  • 11.1.2 update the services to reflect changes in relevant laws and regulatory requirements; or

  • 11.1.3 make changes to the services as requested by you (see clause 12) or notified by us to you (see clause 13).

11.2 We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. Where you have purchased subscription services from us and we have to suspend the services (or any aspect of them) for longer than 10 days in any month, we will adjust the price so that you do not pay for the relevant aspects of the services while they are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month for one-off consultations and 2 months for subscription services, and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.

11.3 If you do not pay us for the services when you are supposed to (see clause 14) and you still do not make payment within 14 days days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 14.9). We will not charge you for the services during the period for which they are suspended. As well as suspending the services, we can also charge you interest on your overdue payments (see clause 14.8).

12 YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If we agree to your requested changes, we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 15 - Your rights to end the contract).

13 OUR RIGHTS TO MAKE CHANGES

13.1 Minor changes to the services. We may change the services:

  • 13.1.1 to reflect changes in relevant laws and regulatory requirements; and

  • 13.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.

13.2 More significant changes to the services and these terms. We may decide to make more significant changes to these terms or the services that we provide, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not yet received.

14 PRICE AND PAYMENT

14.1 Where to find the price for the services. The price of the services will be the price indicated on the order pages on our website if you made your booking online, or the price quoted at the payment page on the Medicspot App or at the clinical station. Unless otherwise stated, the prices we quote are for consultation services or subscription services alone and do not include the cost of any prescription medication or other products or services. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 14.6. for what happens if we discover an error in the price of the services you book.

14.2 Pay as you go. When paying for use of our services on a pay as you go basis, you will pay for each and every consultation service at the time of booking.

14.3 Changes in VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

14.4 Subscription service. When paying for use of our services on a subscription basis, you will pay a set monthly, quarterly or annual fee (as specified on the website or the Medicspot App at the time you order the services). Your first payment will be due at the time of ordering and periodically (monthly, quarterly or annually in advance) thereafter until the subscription is cancelled. Payment will be taken automatically on each due date for payment from your credit or debit card using the details you provided to us at the time you submitted your order.

14.5 Discount vouchers or coupons. You may use discount vouchers or coupons recognised and issued by us in order to apply a discount to the price payable for the services or in order to pay for the services in whole or in part (subject always to the terms of the vouchers/coupons). You must enter the code from the voucher or coupon at the time of booking in order to redeem the voucher or coupon. Any such vouchers or coupons are for your own personal use only and may not be transferred to any other person. We reserve the right to refuse the use of any vouchers or coupons at any time.

14.6 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the correct price of the services at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the correct price of the services at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking or order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

14.7 How you must pay. We accept payment by credit or debit card. Medicspot uses Stripe (www.stripe.com) as a payment processor. Stripe’s terms and conditions can be found at https://stripe.com/gb/checkout/legal. Your payment details will only be transferred to and processed by Stripe on their secure system in order to process your payment for our services. We may change our payment processes and if we do so will notify you and clause 13 will apply.

14.8 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14.9 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date

15 YOUR RIGHTS TO END THE CONTRACT

15.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 15.1.1. to clause 15.1.5. below the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:

  • 15.1.1 we have told you about an error in the price or description of the services you have booked and you do not wish to proceed;

  • 15.1.2 there is a risk that supply of the services may be significantly delayed because of events outside our control;

  • 15.1.3 we have told you about an upcoming change to the services or these terms which you do not agree to;

  • 15.1.4 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than the period set out in clause 11; or

  • 15.1.5 you have a legal right to end the contract because of something we have done wrong.

15.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

15.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running. This means that:

  • 15.3.1 for an one-off purchase of consultation services, you can change your mind before the consultation is delivered, provided that this is within 14 days after we email you to confirm your booking but you may not request a refund after the consultation has started or after the time that you requested the consultation to start (even if you did not attend); and

  • 15.3.2 for subscription services, you can change your mind within 14 days after we email you to confirm your order and we will refund you for any services paid for but not received (this may include a pro-rata deduction for any services we have provided during that time).

15.4 Ending the contract where we are not at fault and there is no right to change your mind (One-Off Purchase). Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. For an one-off purchase of consultation services, the contract will end immediately and we will (subject to these terms and conditions) refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Please see clause 15.5 which sets out what will happen when you terminate a contract for subscription services.

15.5 Ending the contract where we are not at fault and there is no right to change your mind (subscription services). If you want to end a contract for monthly or quarterly subscription services, you must notify us in accordance with clause 10.1.2.2 (for monthly subscriptions) or 10.1.2.3 (for quarterly subscriptions) and your contract will terminate in accordance with the terms of the relevant clause. You will not be charged for any further subscription services after your contract has terminated. If you have purchased an annual subscription service from us, then clause 10.1.2.4 explains when this will terminate and, if relevant, how you can terminate the annual subscription where you have opted for automatic renewal.

16 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

16.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

  • 16.1.1 Phone or email. Call us on 02036378398 or email us at info@Medicspot.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

  • 16.1.2 By post. Write to us at Iberian Park, Drury Lane, St. Leonards-On-Sea, England, TN38 9XP, including details of what services you booked and your name and address.

16.2 How we will refund you. We provide any refund due to you by the method you used for payment.

16.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

17 OUR RIGHTS TO END THE CONTRACT

17.1 We may end the contract if you break it. In addition to any other rights of termination we may have, we may end the contract at any time by writing to you if:

  • 17.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

  • 17.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;

  • 17.1.3 (in the case of an one-off purchase of consultation services) you do not, within a reasonable time and in any event within 5 minutes, attend, log in or make yourself available for your consultation at your chosen time in order for the services to be provided;

  • 17.1.4 you behave towards us or our clinicians, staff, affiliated premises’ staff or pharmacy staff in an inappropriate, abusive, violent, offensive, threatening or discriminatory manner or which is otherwise upsetting to any of them; or

  • 17.1.5 where we have agreed to provide our services to you on a subscription basis, you, in our reasonable opinion, make excessive use of such services.

17.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clauses 5.3 or 17.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.

17.3 We may end the contract on notice. Where we provide services to you on a subscription basis, we may end the contract at any time by writing to you if we decide to stop providing the subscription service. We will let you know at least 30 days in advance and will refund any sums you have paid in advance for services which have not yet been provided.

18 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

**18.1 We are responsible to you for foreseeable loss and damage caused by us.**If we fail to comply with these terms, we are responsible only for foreseeable loss or damage that you suffer as a result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any other loss or damage. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen.

18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services.

18.3 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.

**18.4 When we will not be liable for losses suffered by you.**Subject to clause 18.2, we will not be liable for losses suffered by you that arise because:

  • 18.4.1 you have provided incomplete, incorrect or inaccurate information that we reasonably require you to provide when you book the services, or when you attend a consultation;

  • 18.4.2 you have not followed the instructions that we provide to enable you to use our services, including but not limited to when we provide instructions instructing you how to:

  • 18.4.2.1 register for our services on our website or the Medicspot App (including where you provide incomplete, incorrect or inaccurate information); or

  • 18.4.2.2 use any apparatus provided by us when attending a clinical station.

18.5 We will not be liable to you for any loss you suffer in excess of the price you paid for the testing services. Subject to clause 18.2, we will not be liable to you for any loss you suffer, over and above the price you paid for the services, where those losses are caused by us failing to comply with these terms because of the actions of a third party or for other reasons beyond our control, including but not limited to circumstances where you were referred to such third party by us or where such third party was recommended to you by us.

18.6 As is: The Medicspot App, our website and our clinical stations, including the computer and medical equipment contained therein, are provided “as is”, “where is” and “as available”. You acknowledge that we have not and do not warrant or guarantee the performance of our website, the Medicspot App or our clinical stations (including the connection to the internet and public telecommunications network) or any aspect or portion thereof. Neither do we guarantee that our website, the Medicspot App or the connection at the clinical stations will be uninterrupted or error free or that certain results may be obtained by anyone in connection with their use.

TERMS WHICH APPLY IF YOU ACCESS OUR WEBSITE

19 There are other terms that may apply to you. These terms of use refer to the following additional terms, which also apply to your use of our site:

  • 19.1.1 Our privacy policy, which is available at: www.medicspot.co.uk/privacy. See further under How we may use your personal information at clause 2.4.

  • 19.1.2 If you purchase services from our website, the relevant Terms and conditions of supply will apply to the sales. These will be made available to you at the time you make your purchase.

20 We may make changes to these terms.

20.1 We amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.

21 We may make changes to our website.

21.1 We may update and change our website from time to time to reflect changes to our products, our users' needs and our business priorities.

22 We may suspend or withdraw our site. Our site is made available free of charge:

22.1 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted or error free. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

22.2 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

23 We may transfer this agreement to someone else.

23.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

24 Our website is only for users in the UK

24.1 Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

25 You must keep your account details safe.

25.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

25.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

25.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@Medicspot.co.uk.

26 How you may use material on our website.

26.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

26.2 You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our site.

26.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

26.4 Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

26.5 You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

26.6 If you print off, copy or download any part of our website in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

27 Do not rely on information on this website.

27.1 The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

27.2 Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

28 We are not responsible for websites we link to.

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

29 User-generated content is not approved by us

29.1 This website may include information and materials uploaded by other users of the website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.

29.2 How to complain about content uploaded by other users: if you wish to complain about content uploaded by other users, please contact us at info@medicspot.co.uk

30 Our responsibility for loss or damage suffered by you.

30.1 Whether you are a consumer or a business user:

  • 30.1.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

  • 30.1.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our the relevant terms and conditions, which will be made available to you at the time you make your purchase.

30.2 If you are a business user:

  • 30.2.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.

  • 30.2.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • 30.2.2.1 use of, or inability to use, our website; or

  • 30.2.2.2 use of or reliance on any content displayed on our website.

  • 30.2.3 In particular, we will not be liable for:

  • 30.2.3.1 loss of profits, sales, business, or revenue;

  • 30.2.3.2 business interruption;

  • 30.2.3.3 loss of anticipated savings;

  • 30.2.3.4 loss of business opportunity, goodwill or reputation; or

  • 30.2.3.5 1any indirect or consequential loss or damage.

30.3 If you are a consumer user:

  • 30.3.1 Please note that we only provide our website to you for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • 30.3.2 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

31 We are not responsible for viruses and you must not introduce them.

31.1 We do not guarantee that our website will be secure or free from bugs or viruses.

31.2 You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

31.3 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our site is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

32 Rules about linking to our website.

32.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

32.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

32.3 You must not establish a link to our website in any website that is not owned by you.

32.4 Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

32.5 We reserve the right to withdraw linking permission without notice.

32.6 If you wish to link to or make any use of content on our website other than that set out above, please contact info@Medicspot.co.uk

OTHER IMPORTANT TERMS

33 OTHER IMPORTANT TERMS

33.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

33.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

33.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

33.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

33.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

33.6 Which laws apply to this contract and where you may bring legal proceedings.

  • 33.6.1 If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Wales, you can bring legal proceedings in respect of the services in either the Welsh or the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

  • 33.6.2 If you are a business accessing our website, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.

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