1 These terms
1.1 What these terms cover. These are the terms and conditions on which we provide services to you.
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 to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2 Information about us and how to contact us
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 93 Elizabeth Court, Palgrave Gardens, London, England, NW 1 6EJ. We are registered with the Care Quality Commission, the independent regulator of health and social care in England. We are registered with the Information Commissioners Office (ICO) (registration number: 02660001597).
2.1 How to contact us. You can contact us by calling 02036378398 or by writing to us at email@example.com or 93 Elizabeth Court, London, NW1 6EJ.
2.2 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 Our contract with you
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 mobile application MedicSpot App, or by going into one of our affiliated premises (which may be located in pharmacies, train stations, schools, universities or any other premises or locations where our services are advertised), as listed on our website and/or mobile application.
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 mobile application or on the computer screen at a clinical station in one of our affiliated premises (where you have made a booking through our mobile application or by going into one of our premises), at which point a contract will come into existence between you and us.
3.3 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and 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 premises or doctors/clinical staff (known as “clinicians”)
3.4 We only provide our services in the UK. Our website is solely for the promotion of 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:
4.1.1 online video or telephone consultation using your own computer, mobile or other electronic device;
4.1.2 online consultations using the clinical stations located at our affiliated premises;
4.1.3 access to your medical records and general health information; and/or
4.1.4 any other services advertised on our website, mobile application or at our affiliated premises.
4.2 Our services are provided by our chosen clinicians (all of whom are registered with the UK General Medical Council). The choice of the clinician that will attend your consultation will be at our sole discretion. 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 mobile application 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 mobile application.
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, 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.
4.5 Our services are only suitable for treatment of certain medical conditions including aches and pains, allergies, chest infections and coughs, colds and flu, eye problems, issues with your ears, nose and throat, headaches, sexual health, mental health, skin problems and rashes, urine infections, issues with your feet and nails, general wellbeing and travel medicine.
4.6 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. Children between the ages of 15-17 may use our services where we or the clinician determine, in our or their sole discretion, that the child has the capacity to consent to the use of such services.
4.7 The choice of service suitable for you during the consultation is entirely at our and/or the clinician’s discretion. You 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.
4.8 If we or the clinician determine, in our or their sole discretion, that the services are not suitable for you or your medical 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 such circumstances, the contract will be terminated and you will be entitled to a full refund.
5.1 Consultations will take place via video chat or telephone with one of our clinicians at a clinical station in one of our affiliated premises, or via your personal mobile device or telephone.
5.2 The consultation will last approximately 10-15 minutes. You will not be liable for any additional charges in the event that the consultation exceeds 15 minutes, provided that the consultation dos not last any longer than 30 minutes. If the consultation exceeds 30 minutes, your session may be terminated by the clinician. You will not be entitled to a refund in the event that your consultation lasts fewer than 10-15 minutes.
5.3 If you are not at the clinical station in your chosen premises, you do not log in to your account on the mobile application, or you do not accept our video or telephone call at the time and date specified in your booking within 5 minutes, we may end the contract and clause 12.2 will apply.
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 be available up to 10 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 during each consultation. 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 patient with photographic record on file if using an account.
If photo ID cannot be supplied when asked for, the consultation cannot continue, the contract will be terminated and you will be entitled to a full refund.
5.6 During any consultation, our clinicians may, in their sole discretion, provide you with certain medical services including, but not limited to, the following:
5.6.1 diagnosis of a medical condition;
5.6.2 advice on how to treat a medical condition;
5.6.3 providing you with necessary medical private prescription;
5.6.4 referral to a third party medical service (either NHS or non-NHS); and/or
5.6.5 a sick note.
5.7 Prescriptions, referrals and/or sick notes
5.7.1 The provision of a prescription, sick note or referral is entirely at the clinician’s discretion. In the event that a prescription is given by the clinician, we will not and nor will the clinician be responsible for providing you with the products and medication prescribed in such prescription. You can source those in a pharmacy or other location of your choice. Where applicable, the cost of such prescription products and medication are not included in the charges paid or payable by you to us in respect of the services.
5.7.2 The content and format of any prescription, referral or sick note is entirely at the clinician’s discretion and you may not amend, modify or tamper with a prescription, referral or sick note provided by a clinician to you during a consultation.
5.7.3 We cannot guarantee that any referral or sick note will be accepted by the relevant authority or other addressee and we shall not be liable to you for any loss you suffer as a result of this.
5.7.4 The quantity of any medication prescribed by the clinician will be at the sole discretion of MedicSpot and/or its clinicians.
5.7.5 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:
(a) 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) with the exception of:
i. Co-codamol 15/500, Co-codamol 8/500
ii. Codeine 15mg
iii. Diazepam 1mg,2mg,5mg
(b) Medications unlicensed in the UK;
(c) Inappropriate quantities of sleeping tablets, sedatives, hypnotics or benzodiazepines;
(d) Strong (opiod) analgesics that can have the potential to be abused (nothing stronger than co-codamol 15/500);
(e) Medications that need to be initiated and/or prescribed by a hospital consultant specialist;
(f) MedicSpot’s list of “do not prescribe” medication which can be found on our website;
(g) Injectable medications, with the exception of insulin which the clinician determines, in his or her sole discretion, has previously been successfully prescribed to the patient.
5.8 Consultations at our clinical stations
5.8.1 This clause 5.8 will apply where you have opted for the consultation to take place at one of our affiliated premises.
5.8.2 The consultation will take place at one of our clinical stations in a private consulting room in your chosen premises. Such premises will be one of our affiliated premises, as described on our website and as amended from time to time.
5.8.3 The consultations will take place in a private consulting room. If you are not comfortable that the consultation is completely private, you may stop using the services and terminate the contract with us and you will be entitled to a full refund.
5.8.4 The clinical station allows you and the clinician to see and speak to one another during the online consultation. 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, MedicCam, pulse oximeter and thermometer.
5.8.5 You will have the responsibility to use the medical equipment as directed to you by the clinician or the clinical station In case you have any difficulties in doing so, we recommend that you seek help from an assistant at the premises where you are using the clinical station.
5.8.6 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 instructions or your negligent or reckless use of the clinical station, including the medical equipment.
5.8.7 In the case the clinical station is not available or that the connection is not satisfactory, we can always agree to provide the services to you in a telephone call if your condition is appropriate for a telephone consultation in our or the clinician’s sole discretion.
5.8.8 Our relationship with the premises in which you use the clinical station. There is no relationship of partnership or joint venture between us and the 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 via video chat or telephone using your own personal computer or mobile device (including tablets, smartphones and handheld computers) or telephone.
5.9.2 You will need to log in to your account on the mobile application or await our video or telephone call using your mobile device or telephone 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 conduct a video chat consultation. 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 In the case that the mobile application connection is not satisfactory, we can always agree to provide the services to you in a telephone call if your condition is appropriate for a telephone consultation in our or the clinician’s sole discretion.
6 Providing the services
6.1 Pay as you go service. If you make a one-off booking for our services, we will provide the services to you at the time and date agreed with you during the booking process.
6.2 Subscription service. If we agree to provide our services to you on a subscription basis, we will supply the services to you for a minimum period of 3 months. Thereafter, the 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 the terms of this contract.
6.3 We are not responsible for delays outside our control. If the provision of the 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.
6.4 We provide the services to you either by you setting up an account with us or a one-off consultation. When using our services, we will require you to provide certain information about you via a form you will need to complete online, on our mobile application or at the clinical station. This will create an account for you with us. This 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.
6.5 What will happen if you do not give required information to us. If you do not give us or the clinician this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. 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.
6.6 You are responsible for providing 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.
6.7 Use of the services. You must not access, store, distribute or transmit any viruses, or any material during the course of your use of the services that:
6.7.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
6.7.2 facilitates illegal activity;
6.7.3 depicts sexually explicit images;
6.7.4 promotes unlawful violence;
6.7.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
6.7.6 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 6.7.
6.8 By making a booking, you agree that the online consultation (including any treatment, advice, prescription, referral or sick note) will be provided by the clinician and not by us. The clinician will advise you in his capacity as a clinician.
6.9 You understand and agree that any medical treatment or advice, including any prescriptions, referrals or sick notes, are for your own personal use only and that you cannot transfer it to any other person.
7 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 it is possible 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 10 - Your rights to end the contract).
8 Our rights to make changes
8.1 Minor changes to the services. We may change the services:
8.1.1 to reflect changes in relevant laws and regulatory requirements; and
8.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
8.2 More significant changes to the services and these terms. We may decide to make more significant changes to 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.
9 Price and payment
9.1 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 our mobile application or clinical station. The price of the services does not include the cost of any prescription medication. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 9.5 for what happens if we discover an error in the price of the services you book.
9.2 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 at the time of booking.
9.3 Subscription service. When paying for use of our services on a subscription basis, you will pay a set monthly fee (as specified on the website or mobile application at the time of ordering the services). Your first monthly payment will be due at the time of ordering and monthly 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 of ordering.
9.4 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. 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.
9.5 What happens if we got 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.
9.6 How you must pay. We accept payment by credit or debit card. MedicSpot uses Stripe (www.stripe.com) as a payment processor. Their 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.
9.7 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 4% a year above the base lending rate of the Bank of England 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.
10 Your rights to end the contract
10.1 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 10.1.1 to clause 10.1.3 below the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:
10.1.1 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;
10.1.2 there is a risk that supply of the services may be significantly delayed because of events outside our control; or
10.1.3 you have a legal right to end the contract because of something we have done wrong.
10.2 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.
10.3 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.
10.4 How long do I have to change my mind? You have 14 days after the day we confirm your booking to change your mind. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
10.5 Ending the contract where we are not at fault and there is no right to change your mind. 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 and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will 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.
11 How to end the contract with us (including if you have changed your mind)
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
11.1.1 Phone or email. Call us on 02036378398 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.1.2 By post. Write to us at 93 Elizabeth Court, London, NW1 6EJ, including details of what services you booked and your name and address.
11.2 How we will refund you. We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
11.3 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.
12 Our rights to end the contract
12.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
12.1.1 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;
12.1.2 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;
12.1.3 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;
12.1.4 you behave towards us or our clinicians, staff or pharmacy staff in an inappropriate, abusive, violent, offensive, threatening or discriminatory manner; or
12.1.5 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.
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 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 net costs we will incur as a result of your breaking the contract.
12.3 We may end the contract on notice. Where we have agreed to provide our 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.
13 If there is a problem with the services
13.1 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 email@example.com or 93 Elizabeth Court, London, NW1 6EJ. If you wish to make a complaint of a medical nature, please go to the complaints page of our website or mobile application and your complaint will be dealt with according to our complaints procedure. Please contact us for a copy of our complaints policy if needed.
13.2 We are under a legal duty to provide services that are in conformity with this contract.
14 Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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 the contract was made, both we and you knew it might happen.
14.2 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.
14.3 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.
14.4 Third parties. We will not be liable for any loss or damage suffered by you, any third party or any property arising out of or in connection with the acts or omissions of any third party, including in circumstances where you were referred to such third party by us or where such third party was recommended to you by us.
14.5 Our mobile application 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 mobile application 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 mobile application 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.
15 How we may use your personal information
15.1 How we will use your personal information. We will use the personal information you provide to us:
15.1.1 to provide the services to you; and
15.1.2 to process your payment for the services.
15.2 Where you provide us with special types of personal information, including information relating to your health or sex life, we will only process such information in so far as it is necessary in order to provide you with health care or treatment. We will not process this information for any other purpose, including providing it to your personal clinician, without your express consent.
15.3 We will only give your personal information to third parties with your consent or where the law either requires or allows us to do so.
15.4 We will only retain your personal information for as long as is necessary to provide the services to you.
15.5 For more information on how we may process your personal data, please refer to our privacy and data protection policy [INSERT LINK].
16 Other important terms
16.1 We may transfer this agreement 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.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 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.
16.4 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.
16.5 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.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.