TERMS AND CONDITIONS FOR PROVISION OF SERVICES BETWEEN ZOOMDOC LIMITED AND A PERSON SEEKING MEDICAL SERVICES

 

1.            THESE TERMS

1.1         What these terms cover

These terms and conditions (“Terms“), together with our privacy policy available at (“Privacy Policy”), are the terms on which you may use the application located at www.zoomdoc.com and via an app store (the “ZoomDoc App”) on a mobile telephone or handheld device (“Device”)and benefit from the services available through the ZoomDoc App. You have also agreed to our terms of use in order to use the ZoomDoc App (“Terms of Use”).

The Terms and Privacy Policy form the legally binding contract between us and you.

By accepting these Terms, you are agreeing:

·         To supply personal information about you or someone on whose behalf you are acting to us, some of which may be sensitive, and to allow us to process that information in accordance with these Terms and our privacy policy (link). This will include making your information available to all GPs who provide services to you via the ZoomDoc App and, where you agree, to making information available to your regular GP

·         That if you wish to receive medical services following your access to the ZoomDoc App for yourself or on behalf of someone else, then you will receive these services in accordance with the terms and conditions of the GP who provides you with services (“GP Terms”) which you will also need to accept. This is because ZoomDoc is not a supplier of healthcare services and is not involved in any consultant or medical diagnosis. The GP terms will be available to you when you request the services of a particular GP via the ZoomDoc App

·         That you waive any rights to cancellation of services you request from GPs other than as set out in these Terms and the GP Terms

·         ZoomDoc cannot accept any liability whatsoever, whether direct or indirect, for the acts or omissions of any GPs who may respond to your request for a Telephone Consultation or a Visit (please see sections 2, 8, 9 and 10 for further information about our liability to you)

·         The ZoomDoc App is a copyrighted work belonging to us and you are licensed to use it in accordance with the Terms of Use.

1.2         Why you should read these terms 

Please read these terms carefully before you access the ZoomDoc App.  These Terms tell you who we are, how you can access the ZoomDoc App and the services available on it, how you and we may change or end our contract, what to do if there is a problem and other important information.  If you think that there is a mistake in these Terms, please contact us to discuss. 

You should not use these services if you need emergency medical assistance. If you do need emergency medical assistance you should call 999 or visit your local hospital.

1.3         Who we are

We are ZoomDoc Limited (“ZoomDoc Limited”, “us”, “our”, and “we”), a company registered in England and Wales.  Our company registration number is 09540794 and our registered office is at 2 Chanin Mews, London NW2 4AQ. 

1.4         Who you are

You” are the person accessing the ZoomDoc App in accordance with these Terms.  You are the “Patient” who will receive services via the ZoomDoc App or who will access services on behalf of someone else who will be the Patient.

You confirm that you have the right, authority, and capacity to enter into these Terms.    If you do not agree with all of the provisions of these Terms, do not access and/or use the ZoomDoc App.

You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you and to download or stream a copy of the ZoomDoc App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the ZoomDoc App and receipt of services accessed via the ZoomDoc App on or in relation to any Device, whether or not it is owned by you.

To be eligible to register for a ZoomDoc Account you must be 18 years of age or older. Parents or Legal guardians may add children below the age of 18 years of age to their primary ZoomDoc Account as Patients after initial registration.

1.5         Acceptance of these Terms

By accessing or using the ZoomDoc App, you are accepting these Terms

1.6         How to contact us 

You can contact us by writing to us at email: info@zoomdoc.com or by post: ZoomDoc, 2 Chanin Mews, London, NW2 4AQ

1.7         How we may contact you

If we have to contact you we will do so by writing to you at the email address or postal address you provided to us when setting up your ZoomDoc Account. 

You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. 

1.8         "Writing" includes emails 

When we use the words "writing" or "written" in these terms, this includes emails. For contractual purposes, you (a) consent to receive communications from ZoomDoc in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ZoomDoc provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing

1.9         Your submission of information

Your submission of information, including personal information, through or in connection with the ZoomDoc App is governed by the terms of our Privacy Policy (link). You may make changes to the information you submit to us to correct any errors in accordance with the process set out on the ZoomDoc App.

1.10       Our rights to make changes

We may change these Terms, without your consent, to reflect changes in relevant laws and regulatory requirements. Where this is the case we will give you reasonable notice and inform you of the nature of the changes wherever possible.

We will only make other changes if we notify you in advance of the changes. New Terms will be displayed on-screen. We recommend that you review these Terms on a regular basis. You understand and agree that any use by you of ZoomDoc following changes having been posted by us, will be deemed acceptance of such changes.

2.            Services

2.1         Services we will provide

ZoomDoc is an online app that enables you to access the medical services of a General Practitioner (a “GP”) by requesting a telephone consultation with a GP (a “Telephone Consultation”) and/or requesting for a GP to visit your home, hotel or office or other residence to provide a medical consultation (a “Visit”). The detailed terms of these services are in accordance with sections 5, 6 and 7 of these Terms.

2.2         Services you can access via the ZoomDoc App

Medical services are provided by the GPs. GPs will provide services to you on terms which you can accept when you select a GP for a Telephone Consultation or Visit. GPs are not employees of ZoomDoc.

ZoomDoc and its employees do not provide medical services. However, ZoomDoc carries out appropriate checks to make sure that the GPs working on the ZoomDoc App hold all necessary qualifications. Specifically, we ensure that:

·                    all GPs are fully qualified and registered with the General Medical Council (the body which is responsible for setting and enforcing standards for medical practitioners) and maintain all professional registrations and comply with all professional standards and GMC guidelines, including in relation to training obligations

·                    all GPs have adequate indemnity insurance

·                    all ZoomDoc GPs have an up to date enhanced certificate from the Disclosure and Barring Service (the government’s service for checking criminal records of individuals working with children or in healthcare)

However, you expressly acknowledge and agree that:

·                    Subject to the terms of section 10 of these Terms, ZoomDoc cannot accept any liability whatsoever, whether direct or indirect, for the acts or omissions of any GPs who may respond to your request for a Telephone Consultation or a Visit. Furthermore, ZoomDoc does not represent or endorse the accuracy of a GP’s advice or quality of the service that a GP provides.

·                    Whilst we will try our best to ensure that a GP is available to (i) carry out a Telephone Consultation as soon as reasonably practicable after your request and/or (ii) arrive at the Patient’s home, hotel or office (as applicable) within one hour of your request, if you believe that you or the relevant Patient (as applicable) requires urgent medical care, we advise you to call the emergency services (999) immediately.

·                    Subject to the terms of section 10 of these Terms, ZoomDoc cannot accept any liability for any damage suffered by you or anyone else as a result of a GP not accepting the request for a Telephone Consultation, a GP visit being delayed or the GP not making the requested telephone visit as a result of the delay and/or failure of the GP or the delay in the operation of and/or failure of the ZoomDoc App itself.

·                    If our performance under these Terms is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. 

3.            Accounts

3.1         Account Creation.  In order to use the ZoomDoc App, you must register for an account (your ZoomDoc Account) and provide the following prompted by the account registration form:

·                    Email, mobile telephone number, name, date of birth, gender, address, payment details.

·                    Certain details requested that are optional include: Pre-existing health problems, current medication and any allergies.

·                    You may also provide the contact details of the regular GP you are registered with

(together, the “Patient Information”). 

3.2         Your ZoomDoc Account may be used to register multiple Patients to receive services, for example all Family members.  Where that is the case, Patient Information will need to be provided for each Patient.  Each Patient will be deemed to have accepted these Terms.

3.3         You confirm that: (a) all Patient Information you submit is truthful and accurate; (b) you have obtained the consent of all relevant individuals in respect of the Patient Information you have provided; (c) you will maintain the accuracy of such Patient Information and inform us if any such information changes.

3.4         If you do not provide this Patient Information in reasonable time or the information is incomplete or incorrect then you agree that you may not be able to access services from GPs.

3.5         You may delete your ZoomDoc Account at any time, for any reason, by following the instructions on the ZoomDoc App.  We may suspend or terminate your ZoomDoc Account in accordance with sections 11 and 12 of these Terms.

3.6         Account Responsibilities.  You are responsible for maintaining the confidentiality of your ZoomDoc Account login and password information and are fully responsible for all activities that occur under your ZoomDoc Account.  You agree to immediately notify ZoomDoc of any unauthorised use, or suspected unauthorised use of your ZoomDoc Account or any other breach of security at info@zoomdoc.com.  Subject to the terms of section 10 of these Terms, ZoomDoc cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4.            Access to the ZoomDoc App

4.1         Licence.  Subject to these Terms, ZoomDoc grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the ZoomDoc App solely for your own personal, non-commercial use for the sole purpose of requesting a Telephone Consultation and/or requesting a Visit.

4.2         Specific Restrictions. If you are not the person benefiting from the GP’s services, you may only request a Telephone Consultation and/or Visit for the Patient, if:

(a)          the Patient is a family member; or

(b)          the Patient is under the age of 18 years old or you are otherwise the parent or guardian of that Patient;

and the Patient is registered under your ZoomDoc Account;

4.3         Other Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the ZoomDoc App, whether in whole or in part, or any content displayed on the ZoomDoc App; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the ZoomDoc App; (c) you will not access the ZoomDoc App in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the ZoomDoc App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality or content of the ZoomDoc App will be subject to these Terms. 

4.4         All copyright and other proprietary notices on the ZoomDoc App (or on any content displayed on the ZoomDoc App) must be kept on all copies of the ZoomDoc App.

4.5         Modification.  ZoomDoc Limited reserves the right, at any time, to modify, suspend, or discontinue the ZoomDoc App (in whole or in part) with or without notice to you.  Subject to the terms of section 10 of these Terms, you agree that ZoomDoc will not be liable to you or to any third party for any modification, suspension, or discontinuation of the ZoomDoc App or any part thereof.

4.6         No Support or Maintenance.  You acknowledge and agree that ZoomDoc will have no obligation to provide you with any support or maintenance in connection with the ZoomDoc App but we will endeavor where possible to provide help if you email us at info@zoomdoc.com

4.7         Ownership.  Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the ZoomDoc App and its content are owned by ZoomDoc or ZoomDoc’s suppliers.  Neither these Terms (nor your access to the ZoomDoc App) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 4.1. ZoomDoc and its suppliers reserve all rights not granted in these Terms.  There are no implied licenses’ granted under these Terms.

5.            Telephone Consultations and Visits

5.1         When you set up your ZoomDoc Account, you will be required to provide us with the Patient Information. To request a Telephone Consultation and/or a Visit, you will be required to provide some additional information (to the extent this has not been provided in the Patient Information). This additional information includes the following:

(a)          For the purpose of a Telephone Consultation, your telephone number;

(b)          For the purposes of a Visit, confirmation of address where you would like the GP

to attend (the “Patient Address”);

(c)          For the purposes of a Telephone Consultation and/or a Visit:

(i)            a brief description of the symptoms of the Patient;

(ii)           your card payment details;

(together, the “Consultation Information”).

5.2         You confirm to us that:

(a)          all Consultation Information provided by you is true, accurate and complete;

(b)          to the extent applicable, you have all the necessary consents and/or authority to provide us with the Consultation Information;

(c)          you will notify US of any changes in the Consultation Information.

5.3         In relation to any Telephone Consultation, you agree:

(a)          to the extent the Patient is a child, to speak on behalf of the child where necessary;

(b)          not to act (or allow any person, including the Patient, to act) in any manner which is or could reasonably be considered to be, intimidating or aggressive, or use any foul or abusive language to the GP, or request the GP to provide any services other than in relation to the subject of the Telephone Consultation, or make any payment to the GP other than through the ZoomDoc App.

5.4         In relation to any Visit, you agree:

(a)          to the extent the Patient is a child, to be present at all times in the same room as the Patient during the Visit;

(b)          to ensure that the GP is able to carry out the Visit in a safe working environment and not act (or allow any person, including the Patient, to act) in any manner which is or which could reasonably be considered to be, intimidating or aggressive, or use any foul or abusive language to the GP, or request the GP to provide any services other than in relation to the subject of the Visit, or make any payment to the GP other than through the ZoomDoc App;

5.5         You acknowledge that, as part of the Telephone Consultation and Visit, the GP will be required to, amongst other things, take clinical notes, record the symptoms, examination findings and any advice given.  In addition, in respect of Visits only:-

·                     You acknowledge that a prescription or medication or treatment will only be supplied if it is clinically required and on the sole discretion of the ZoomDoc visiting GP.

·                     You also understand that strong analgesics including morphine based drugs and sleeping tablets or benzodiazepines are not and will not be prescribed by ZoomDoc GP’s.

·                     Additionally, medications that would normally only be prescribed in a hospital setting or by a specialist will not be initiated or prescribed by a ZoomDoc GP. 

·                     In addition to your Visit, you accept that your ZoomDoc GP will (at additional charges as set out within the ZoomDoc App) be able to provide a referral letter, provide a sick-note and/or provide a private letter (any such action being, “GP Follow-Up Action”).

·                     You agree that any GP Follow-Up Action may be processed by ZoomDoc on behalf of the GP.

·                     You also agree that to the extent you have provided consent and details of your registered GP as part of your Patient Information, your records may be sent to the Patient’s registered GP.

5.6         You acknowledge, that all ZoomDoc GP’s are governed by GMC (General Medical Council) rules and regulations – ‘duties of a doctor’, and may, in exceptional circumstances have to break confidentiality to inform social services if there are any adult or child safeguarding concerns. Additionally, if there is an immediate risk or danger to patients and/or the public, ZoomDoc GP’s are obliged inform relevant authorities including the Police, social services and/or the patient’s regular GP or other doctor.

6.            CANCELLATION

6.1         The ZoomDoc App provides Patients with the ability to arrange for a GP appointment (either by way of Telephone Consultation or Visit) with their chosen ZoomDoc GP as soon as reasonably practicable after a request is made. You expressly acknowledge and agree that you waive any rights to cancellation of your Telephone Consultation or Visit other than as set out in these Terms and the terms you enter into with each GP who provides services to you.

6.2         Upon making a request for a Telephone Consultation from a ZoomDoc GP, you will be asked to confirm that you accept being charged the applicable fees. Once you press the “Request Call” button, you may not cancel your request. If the ZoomDoc GP does not make contact with you, or rejects or cancels the telephone call request, you will not be charged.

6.3         Upon making a request for a Visit from a ZoomDoc GP, you will be asked to confirm that you accept being charged the applicable fees. Once you press the “Request Visit” button, you may only cancel this home Visit request within an initial 5 minutes of your home visit booking (after the GP has accepted your visit request), or if the GP has not accepted your visit request. You will still be charged for the Pre-Visit Telephone consultation fee. If, for whatever reason, you do cancel your request after 5 minutes, you will be charged 75% of the applicable fees.

6.4         Once you have made a request for a Telephone Consultation or Visit from a ZoomDoc GP, your chosen ZoomDoc GP will be notified via the ZoomDoc GP App and will be provided with your details.

6.5         You will be notified via the ZoomDoc App once your chosen ZoomDoc GP has accepted your request for a Telephone Consultation and/or a Visit.

6.6         For Telephone Consultations only:

(a)          if, as a result of your Telephone Consultation, your chosen ZoomDoc GP considers that it would be clinically appropriate to upgrade your consultation to a home Visit they will be able to offer this service after your call via the ZoomDoc App. You will be notified within the ZoomDoc App of the GP’s recommendation. You can then either accept or decline this recommendation. If you accept, you will be liable for the charges for a Visit;

(b)          if, your ZoomDoc GP cannot make contact for whatever reason or the line is inaudible, you will not be charged and the Telephone Consultation will be cancelled after 10 minutes. If your ZoomDoc GP calls you more than two (2) hours after the request was made, you are entitled to refuse the Telephone Consultation and you will not be charged for the Telephone Consultation. Notwithstanding your right to cancel, if you accept a call to carry out the Telephone Consultation, you will be liable to pay the GP Phone Consultation Fee in full on completion of the Telephone Consultation.

6.7         For Visits only:

(a)          if, as a result of your pre-Visit assessment call, your chosen ZoomDoc GP considers that for whatever reason (including, but not limited to, as a result of the Patient’s symptoms described to the ZoomDoc GP), it is not appropriate and/or necessary for the ZoomDoc GP to conduct the Visit, you will be liable to pay the fees of the ZoomDoc GP that would have applied had only a Telephone Consultation been requested.

(b)          if your chosen ZoomDoc GP does not for whatever reason accept your request for a Visit within 10 minutes after the request is made, you will receive a notification message confirming that the Visit has been cancelled. You will then have the option of choosing another available ZoomDoc GP to conduct the Visit.

(c)          if your chosen ZoomDoc GP arrives at the Patient’s address more than two (2) hours after the time the request was made, you are entitled to refuse the ZoomDoc GP entry to the relevant property to carry out the Visit and you will not be charged for the Visit. Notwithstanding your right to cancel, if you accept the ZoomDoc GP entry to the relevant property to carry out the Visit, you will be liable to pay the fees of the ZoomDoc GP in full on completion of the Visit.

(d)          When a GP’s assessment of the Patient, either during the pre-Visit assessment call or upon arrival, indicates that an intimate examination of the Patient would be recommended, then the following will apply:

(i)           the GP will offer the Patient the option of having an impartial observer (a chaperone) present wherever possible.

(ii)          The qualifications and responsibilities of a chaperone will be explained to you by the GP. Usually this should be a health professional and not a relative or friend.

(iii)         You may decide not to proceed with the Visit either during the pre-Visit assessment call or during the Visit itself (if based on diagnosis information about the Patient provided on the pre-Visit assessment call there is an indication that an intimate assessment will be required during the Visit), if both an intimate examination is fundamental to any diagnosis and if a suitable chaperone cannot be present. In this situation you will only be charged for the pre-Visit assessment call. However, if the GP has already arrived for the Visit and based on diagnosis information about the Patient provided on the pre-Visit assessment call there was no indication that an intimate assessment would be required during the Visit, then all Visit charges will still be applicable.

(iv)        You may decide to proceed with an intimate examination without a chaperone present if you expressly give your consent to the GP for that, but the GP may decline, at their discretion, to proceed with the intimate examination if a chaperone is not present and it is fundamental to any diagnosis. In this situation, if the GP has not arrived for the Visit, you will only be charged the pre-Visit assessment call fee. If the GP has already arrived, all Visit charges will still be applicable. In this situation, the GP will direct you to services that will enable you to have a chaperone present.

6.8         If you breach any of your obligations under clauses 5 and 6, including if you make significant changes to Patient Information or Consultation Information after a request for a Telephone Consultation and/or Visit has been made which means that a ZoomDoc cannot provide the services on the agreed terms, then you will be deemed to have cancelled your request for services and you will be liable for 100% of the GP fees.

7.            GP services and FEES

You will be charged fees for Telephone Consultations and Visits by GPs as clearly set out on the ZoomDoc App.

GP Fees for Telephone Consultations

7.1         Before you confirm your request for a Telephone Consultation, you will receive a summary of what the Telephone Consultation includes.

7.2         The cost of the Telephone Consultation will be clearly set out on the ZoomDoc App when you select a GP and you will be asked to confirm that you agree to the specified cost of the Telephone Consultation (the “GP Phone Consultation Fee”) before submitting your request to receive services from a GP.

7.3         The amount of the GP Phone Consultation Fee will vary depending on the day and/or time of the request for a Telephone Consultation. We reserve the right to change the price of the GP Phone Consultation Fee, Extended Time Fees and GP Follow-Up Action Fees (see below). You will always be given the option of agreeing to the cost when submitting your request to receive services from a GP.

7.4         The GP Phone Consultation Fee is payable in respect of a telephone consultation of up to10 minutes (the “Call Allocated Time”). The full amount of the GP Phone Consultation Fee will be payable even if the Telephone Consultation lasts for less than the Call Allocated Time. After 10 minutes (the Call Allocated Time) you may continue to speak to the GP (“Extended Time”) and additional charges will be applicable for any telephone call time extension(“Extended Time Fees”). Extended Time Fees will be £10 for every additional 5 minutes of Extended Time. Even if this Extended Time lasts for less than 5 minutes. You will be notified of the cost of Extended Time Fees by the ZoomDoc App.

7.5         In addition to your Telephone Consultation, you accept that your ZoomDoc GP will (at additional charges as set out within the ZoomDoc App) be able to provide a referral letter, provide a sick-note and/or provide a private letter (any such action being “GP Follow-Up Action” and related fees being “GP Follow-Up Action Fees”).You will be notified of the cost of GP Follow-Up Action Fees by the GP and then via the ZoomDoc App. GPs will not be able to prescribe medications to Patients during or as follow up to a Telephone Consultation.

GP Fees for Visits

7.6         Before you confirm your request for a Visit, you will receive a summary of what your Visit includes. 

7.7         Each Visit by your ZoomDoc GP will last for a period of up to 25 minutes (the “Allocated Time”). The Allocated Time will begin from when the ZoomDoc GP arrives at the Patient’s location. The ZoomDoc App will notify you once the Allocated Time has elapsed.

7.8         The cost of the Visit (the “Visit Fee”) will vary depending on the day and/or time of the proposedVisit. To the extent, for whatever reason, the Visit extends beyond the Allocated Time, you will be charged an amount (the “Additional Visit Fee”) for each additional 10 minutes. The Visit Fee and the Additional Visit Fee will be clearly set out on the ZoomDoc App when you select a GP and you will be asked to confirm that you agree to these costs before submitting your request for a Visit to receive services from a GP.

7.9         If a GP recommends prescription of medications for a Patient then the GP will provide a prescription for dispensing at a pharmacy or, if available, by the GP during the Visit. There will be no charge for prescriptions supplied to a Patient during a Visit and for faxing or emailing such prescriptions to a pharmacy, but you will be required to pay the pharmacy for the costs of the medication dispensed by it and any delivery company for delivery costs, in accordance with their respective terms. If the GP is able to dispense medication during the Visit (an “Additional Service”) then you will be liable to pay the GP for the cost of this (an “Additional Service Fee”). Additional Service Fees will be notified to you by the GP and then via the ZoomDoc App. Neither the GP nor ZoomDoc will be liable if a medication cannot be dispensed by the GP or by any pharmacy, for any reason. If medication is required as a matter of an emergency then you should call 999 or visit your local hospital. You will not be charged for medications that are not dispensed.

7.10       We reserve the right to change the price of the Visit Fee and the Additional Visit Fee and the Additional Service Fee and GP Follow-Up Action Fee (see below) from time to time. You will always be given the option of agreeing to the cost when submitting your request to receive services from a GP.

7.11       Once the ZoomDoc GP has completed the Visit, the ZoomDoc App and GP will confirm the amount of the Visit Fee (and if applicable, the Additional Visit Fee and the Additional Service Fee and any GP Follow-Up Action Fees) that has become due and payable. In addition, shortly after the ZoomDoc GP has left you, you will also receive an email confirming the same. Such fees will become due and payable immediately once the Visit has ended. The Visit Fee (and if applicable, the Additional Visit Fee and any Additional Service Fee and any GP Follow-Up Action Fees) will be charged from the card details provided to us in your Patient Information.

7.12       In addition to your Visit, you accept that your ZoomDoc GP will (at additional charges as set out within the ZoomDoc App) be able to provide a referral letter, provide a sick-note and/or provide a private letter (any such action being “GP Follow-Up Action” and related fees being “GP Follow-Up Action Fees”).You will be notified of the cost of GP Follow-Up Action Fees by the GP and then via the ZoomDoc App.

7.13       Following a Visit, you may request a follow-up Telephone Consultation with your ZoomDoc GP for non-emergency queries. A request can be made via the ZoomDoc App. There will be no charge for this Telephone Consultation. The GP will call you as soon as they are able to do so, but there will be no prescribed time period in which they must do so.

VAT

7.14       We will pass on changes in the rate of VAT in the fees that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

Disputes

7.15       If you disagree with the amount of fees that the ZoomDoc GP has confirmed is due and payable, as notified to you via the ZoomDoc App, you must inform the ZoomDoc GP at the time of the Visit and/or Telephone Consultation and send a message to ZoomDoc through ZoomDoc App, explaining your concern (a “Dispute”).

7.16       You expressly acknowledge and agree that any Dispute is between you and the ZoomDoc GP and to the fullest extent permitted by law and the terms of section 10, ZoomDoc accepts no liability in respect of the payment of fees to the ZoomDoc GP. However, ZoomDoc GPs have agreed that ZoomDoc may investigate Disputes on their behalf and that ZoomDoc may arrange for third party payment processors to retain fees due to GPs (and then return them to you) where, following investigation, we agree that you have legitimate grounds for the Dispute.

7.17       ZoomDoc reserves the rights to arrange for third party payment processors to debit your card prior to any resolution of such Dispute.

7.18       You may also bring a complaint or dispute about our services via alternative dispute resolution, which is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.  If you are not happy with how we have handled any complaint or dispute, you may want to contact the Centre for Effective Dispute Resolution (CEDR).  You can submit a complaint to them via their website at https://www.cedr.com

Processing of Payments

7.19       We use a third-party payment processor to take payments from you for the GP Fees (“Payment Services”). The processing of any such payments will be subject to that third-party’s terms of service and privacy policies which will be available when you make your payment.

7.20       We cannot accept any liability for any damages (whether direct or indirect) caused as a result of the provision of the Payment Services.

8.            Personal Data

8.1         In order to use the ZoomDoc App, you may be required to disclose to us the personal data identified in these Terms including Patient Information and Consultation Information (which will include sensitive personal data) relating to you and other data subjects, for example Patients who are not yourself (personal data, sensitive personal data and data subjects all as defined in the Data Protection Act 1998). You expressly consent to providing us with this personal information, including financial and medical information.

8.2         You confirm that you consent to our use of your personal information as described above and that each Patient has agreed that you, as the holder of the ZoomDoc Account, may access and receive and disclose to us their personal information as described above.

8.3         All data disclosed to us will be treated in accordance with our privacy policy (link)

8.4         GPs available for Telephone Consultations and/or Visits on the ZoomDoc App are not permitted to use any personal data obtained about you or any other Patient as a result of any Telephone Consultation, Visit or otherwise for any purpose except as set out in the terms you enter into with such GPs and our privacy policy (link). Notwithstanding this, you expressly acknowledge and agree as follows:

(a)          We may access and use your data for audit, performance monitoring and dealing with complaints and disputes, and for providing your data to other GPs providing services via the ZoomDoc App where such GPs require access to such information, for example because you request services from them;

(b)          any data disclosed by you or another Patient to a GP during a Telephone Consultation or a Visit is disclosed entirely at your or the Patient’s own risk;

(c)          any data that you disclose can be used in accordance with our privacy policy (link) and the terms you enter into with such GPs, which may include the transfer of such data to certain third parties;

(d)          to the fullest extent permitted by law and the terms of section 10, we are not liable to you in respect of any damages, losses or expenses incurred by you and/or any other Patient as a result of any GP’s use of your data;

8.5         Services provided via the ZoomDoc App will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the ZoomDoc App on the Device. If you use these services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Devices.

9.            Disclaimers

The ZoomDoc App is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law and section 10, ZoomDoc (and our suppliers) expressly disclaim any and all warranties and conditions of any kind. 

We (and our suppliers) make no warranty that the ZoomDoc App will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

10.          Limitation on Liability

10.1       If you suffer personal injury or death caused by our negligence, there is no limit on our potential liability to you.

10.2       We also do not seek to limit or exclude our potential liability for anything else which cannot be legally limited or excluded.

10.3       Other than under section 10.1 or 10.2 our liability to you is limited to 150% of the fees you have paid to the GP in respect of the provision of services which gives rise to any liability of us to you under these Terms.

10.4       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 us 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. You agree that it includes, for example, loss of your profits and loss of your data.

10.5       Access to, and use of, the ZoomDoc App is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. 

11.          SUSPENSION OF THE SERVICES

11.1       We may have to suspend the services available to you via the ZoomDoc App in the following circumstances:

·                     to deal with technical problems or make technical changes;

·                     to update the services to reflect changes in relevant laws and regulatory requirements;

·                     if in the reasonable professional opinion of a GP, it is unsuitable for you to receive the relevant service;

·                     you display abusive, violent or threatening behaviour unacceptable to us; or

·                     we are expressly instructed not to do so by an emergency service provider who has authority to give that instruction, for as long as that instruction applies

·                     if you do not co-operate with us in respect of the services to be provided to you or you do not comply with these Terms, for example by failing to make payment to GP’s who provide you with services.

11.2       We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we suspend the services for 2 weeks or more then at the end of that time we may terminate the services and your access to them via the ZoomDoc App. Where reasonably possible, we will explain to you the action we are taking, when that action takes effect, and the reasons for it. When doing so we will also inform you of your right to challenge the action taken through our complaints process

12.          Term and Termination.  

12.1       Subject to this Section, these Terms will remain in full force and effect while you use the ZoomDoc App. Provided you are not in the course of receiving services from GPs via the ZoomDoc App, you can end the contract between you and us set out in these Terms by disabling your ZoomDoc Account at any time.

12.2       We may suspend or terminate your rights to use the ZoomDoc App (including your Account) at any time for any reason at our sole discretion, including for any use of the ZoomDoc App in breach of these Terms. 

12.3       Upon termination of your rights under these Terms, your Account and right to access and use the ZoomDoc App will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. 

12.4       ZoomDoc will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.  Even after your rights under these Terms are terminated, the following sections of these Terms will remain in effect: 8, 9 and 10.

13.          General

13.1       Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the ZoomDoc App.

13.2       Waiver. A waiver by ZoomDoc of any right or remedy under these Terms will only be effective if it is in writing, executed by a duly authorized representative of ZoomDoc LTD and will apply only to the circumstances for which it is given.  Our failure to exercise or enforce any right or remedy under these Terms will not operate as a waiver of such right or remedy, nor will it prevent any future exercise or enforcement of such right or remedy.  No single or partial exercise of any right or remedy will preclude or restrict the further exercise of any such right or remedy or other rights or remedies.

13.3       Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. 

13.4       Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law and the terms of section 10. 

13.5       Relationship between you and us. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to ZoomDoc is that of an independent contractor, and neither party is an agent or partner of the other. 

13.6       Transfer of these Terms. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ZoomDoc LTD’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  ZoomDoc may freely assign these Terms but only if we give you advance notice.  The terms and conditions set forth in these Terms will be binding upon assignees.

13.7       Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales.  You agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.

13.8       Copyright/Trademark Information.  Copyright © 2018-2019 ZoomDoc LTD. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the ZoomDoc App and website (www.zoomdoc.com) are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.