Terms and Conditions of Use

Effective Date: 5th January 2016

Any use by you of the website operated by Medy Health. at https://www.doctor.medy.co.uk (the “Site”) is conditional upon your acceptance of these Website Terms & Conditions of Use, including our Privacy and Cookie Notice (collectively, “Terms & Conditions”). We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion.

It is your responsibility to review this page periodically for updates, which shall come into effect when posted. (See the box below for a summary of updates.) Your continued use of the Site constitutes acceptance of these Terms & Conditions. We reserve the right to change, modify, suspend, or discontinue any portion, features, or content of the Site at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability.

Medy Health Ltd provides an online video and telephone medical consultation, information, prescription and referral service.

Medy Health Ltd is a company registered in England and Wales with company number 09712362.

The Site is operated by Medy Health (registered address at Medy Health Ltd, 1 Gallery Court, 1-7 Pilgrimage Street, London, SE1 4LL. United Kingdom).

You may restrict access to this site using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.

BY USING THIS SITE YOU ARE ACCEPTING THESE TERMS & CONDITIONS IN THEIR ENTIRETY.

All references to ‘our’, ‘us’, ‘we’, or ‘company’ within these Terms & Conditions are deemed to refer to Doctor Medy, affiliates and associates.

1. Rights

All rights in all material and content (including, but not limited to, text, images, web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the Site are owned or licensed by us. You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Terms & Conditions.

2. Intellectual Property

Unless otherwise indicated, we are the owner and/or authorised user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) appearing on or contained within the Site. Except as provided in these Terms & Conditions, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the Intellectual Property is prohibited.

3. Restrictions on Use

Except as expressly authorised by law, by us, or by the applicable licensor in writing, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on the Site, or to use it for commercial purposes

4. Patient information

All information collected and supplied by you to Doctor Medy will be treated as confidential and only processed to provide the Service or as described in this section and our Privacy Policy (https://www.doctor.medy.co.uk/privacy/). Please take the time to read these as they include important terms that apply to you and are integrated into these Terms.

For the purposes of the Data Protection Act 1998, the data controller is Doctor Medy.

Doctor Medy will not however share with any Partner nor anyone else whether or not you have booked an Appointment nor any information shared with the Doctor during the Appointment unless, where appropriate, you explicitly consent to us or the Doctor doing this in order to facilitate an application for benefit with the Partner where further medical information may be required to confirm your eligibility for benefit.

Doctor Medy may choose to make audio and video recordings of your consultation to support ongoing consultations and clinical governance purposes.

The medical notes taken during the consultation will be used for clinical governance purposes which will be treated as confidential and will be held strictly in accordance with and as long as required under UK regulatory codes of practice on records management.

5. Web site access

There is no guarantee that the web site or any content within it, will always be uninterrupted or 100% available.

While every effort is made to avoid interruptions or unavailability with strict performance, security and quality controls and monitoring in place,

It is your responsibility as a user to ensure you can access the web site responsible for making all arrangements necessary for you to have access to the Platform.

Any medical information given on the web site whether written, stated or implied, is for information purposes only. The information is provided “as is” and without warranty of any kind by Doctor Medy.

6. Criteria to Use the Service

Use of the Service is restricted to United Kingdom Residents of any nationality whose permanent place of residence is the United Kingdom, and to non-UK residents who are visiting the United Kingdom for work or leisure. By agreeing to these Terms you acknowledge that you are a United Kingdom Resident in the United Kingdom or travelling abroad for work or leisure, or you are a non-United Kingdom Resident who is visiting the United Kingdom for work or leisure purposes.

The Service may not be used by:United Kingdom Residents who are not also United Kingdom nationals, on return to their country of nationality; ornon-United Kingdom Residents whilst outside of the United Kingdom.

This service is for use by adults who are independent and over the age of 18 years old. The Service should not to be used by those under the age of 18. The service can be used by adults wishing to discuss healthcare concerns regarding their children under the age of 18.

7. Accounts and Security

We may enable you to establish an account with a username and password to access and use certain areas of the Site and other services. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

8. NO WARRANTIES

The site is provided “as is,” and your use thereof is at your own risk. We and our directors, employees, agents and assigns disclaim, to the fullest extent permitted by law, any and all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, performance, title, and non-infringement. We do not warrant that the site will be free from viruses, available, accessible, error-free, uninterrupted, or that the contents will be accurate. Although we take reasonable steps to secure the site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the site will be safe from unauthorized access or use. If you are dissatisfied with the site, your sole remedy is and shall be to discontinue using the site.

9. Appointments and consultations

As part of our remote or virtual appointments and consultation process you will be asked to consent to the use of a phone or video consultation. Therefore during the booking we will ask for your consent to use phone or video and at the start of the consultation we will ask for your consent to use phone or video. By giving your consent you understand that the consultation will be conducted over phone or video. In the event we feel there is a requirement for you to see a doctor face to face, this will be recommended as part of the patient plan.

The information and advice provided by Doctor Medy during an appointment should be used to increase your awareness of the options you may have available to you.

By its nature a remote or virtual appointment is not always enough for your individual needs and as such there maybe a need for you to seek further medical advice from your local doctor/GP. These circumstances would relate to one of an emergency, or physical examination or where another intervention is required.

We will always advise you to speak to your local doctor/GP and discuss the outcomes of a Doctor Medy consultation to validate treatments and medications.

Equally the Psychologist will provide their recommendations on a suitable plan for you which could be a face to face consultation.

The normal structure of the GP consultation is likely to be as follows:

Review of patient symptoms
Discuss patient concerns
Discuss patient expectations
Review of patient history
Diagnosis from doctor
Patient plan
Patient understanding of the plan including any treatment or medication
Follow up appointment and referral (as required)

When having a Psychologist consultation –

The first call/video will involve some history taking so that the practitioner can get a sense of who you are, and your current needs and goals. By the end of this session, they should be able to offer you a first impression of what treatment options are suitable for you – which may or may not include working with them further. If the practitioner does not think that they are the right professional to help, or that online support would be inadequate for your needs, they will be able to give you information about other services/professionals who are.

If the psychologist does think that they can help, they will initially suggest how many sessions they consider would be useful to help you make progress but will review your needs as you go – the client is always in the driving seat. At the end of each session, the psychologist will ask you if you think it will be helpful to speak to them again. There is no obligation to continue seeing them and you can stop at any time. If you have any questions about the approach the psychologist is taking, do feel free to mention them whenever they arise.

Sometimes the psychologist might ask you to practice certain techniques or do activities in between sessions – these are usually very important to help you to learn and practice new ways of thinking and behaving, and managing your emotions.

10. Your responsibility

You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.

In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Notice and any uses we may make of such information.

11. Liability

Doctor Medy are not responsible for delays outside our control. If our supply of the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the supply of Service to you or to cancel an Appointment and, if you are a Pay As You Go Member, receive a refund for any Appointments you have paid for but not received.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of making an Appointment, both we and you knew it might happen, for example, if you discussed it with us during the Appointment process.

We are not liable for business losses. We only supply the Service for domestic and private use. If you use the Service 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.

In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including, but not limited to, negligence, strict liability or product liability) arising from your use of the site exceed, in the aggregate, £100.00 (GBP).

12. User Information

In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Privacy and Cookie Notice. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

13. Indemnity

The Doctor Medy Doctors are all covered with specific tele-consulting medical indemnity insurance.

You hereby indemnify us and our directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Terms & Conditions, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.

During any pilot GP remote consultations, Doctor Medy clinicians will be exempt from any medical malpractice claims. This is due to the fact the pilot consultation is being offered as a learning experience for Doctor Medy whilst they are in the process of establishing their medical service offering.

Doctor Medy clinicians will ask the patient to acknowledge this ‘medical malpractice waver’ at the beginning of the consultation so the patient is fully aware that the medical advice provided for the purposes of learning. The patient will be in no way expected to act on the medical advice provided.

14. Restriction, Suspension and Termination

– We may restrict, suspend, or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time if we believe that you have breached these Terms & Conditions. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms & Conditions.

15. Entire Agreement

– These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the terms and conditions of any such license agreements. Our failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Terms & Conditions to any third party or parties at any time.

16. Copyright And IP Agent

– We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the alleged infringing activity and where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Copyright Agent: Medy Health Ltd, 1 Gallery Court, 1-7 Pilgrimage Street, London, SE1 4LL.

We may not be able to remove Linked Content that is hosted by Interfacing Sites. You may need to contact the appropriate Interfacing Site for removal of your work.

17. Law and Jurisdiction

– These Terms & Conditions, including the Privacy Statement and any matter relating to the Site, shall be governed by the laws of England and Wales without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms & Conditions that is against or relating to us or any indemnified party will be subject to the exclusive jurisdiction of the Courts of England and Wales, and you hereby irrevocably consent to the jurisdiction of such courts.

18. Clarification of this Service

Please note:

‘We are not an emergency service’
‘We can not come to your home, offer you medication, or arrange for you to be taken into hospital’
‘If you call in a crisis or with an emergency situation, all we can do is give you details of who you should contact for immediate help’

19. Disclosure, Data Protection and Confidentiality when talking to a Psychologist

Please note:

‘We do not offer crisis interventions’
‘We are not an emergency service’
‘We can not come to your home, offer you medication, or arrange for you to be taken into hospital’
‘If you call in a crisis or with an emergency situation, all we can do is give you details of who you should contact for immediate help’

For a psychologist to know whether it is safe, beneficial or adequate for you to receive the type of support they can provide, they will need full disclosure from you regarding any physical or mental health diagnoses or symptoms, past or present, medications you are taking, and previous help you have sought for psychological, psychiatric or addiction problems. If you fail to disclose information when asked that will affects their ability to support you safely and effectively, then they reserve the right to stop working with you, and to charge for any expenses accrued.

DATA PROTECTION

The practitioner will keep notes and email correspondence from clients on their computer for 3 years. They are stored securely and password protected and only the practitioner has access to them. In the rare case where sessions might be recorded (e.g., for training or supervision purposes), digital recordings are also stored securely with a password. The practitioner will always let you know and seek your permission before recording any of your sessions.

CONFIDENTIALITY

Our psychologist is a Chartered Psychologist with the British Psychological Society (BPS), and abides by the BPS Code of Ethics and Conduct. She is also registered with the UK Health and Care Professions Council (HCPC).

The law protects the privacy of all communications between a client and a psychologist, and records of your meetings. Anything discussed in your sessions will not be revealed to anyone without your explicit permission. However, your acceptance of these terms and conditions of using this service provides consent for the following instances where they might need to share your information:

– They may occasionally find it helpful to consult other qualified professionals about a client in order to better help that client. They will make every effort to avoid revealing your identity, and these professionals will also be legally and ethically bound to keep the information confidential.

– There are some situations in which professionals are ethically or morally obligated to take actions to protect people from harm: if you threaten bodily harm or death to yourself or another person, they are required to act in a responsible manner to inform or protect the intended victim. If there is accusation of current child abuse, they are required to act responsibly. No action will ever be taken without you being informed.

20. Appointment cancellations

If you cancel your appointment within 48 hours of your appointment time, you will still be charged. If you cancel your appointment more than 48 hours before the time of your consultation, you will not be charged.

Doctor Medy will unfortunately not be able to refund an appointment if the you experience connection issues. You need to ensure that at the time of your consultation you have a good WiFi or mobile internet connection.

21. Payments

The price of a consultation will be quoted on the web site. Prices include any applicable taxes which might apply and are liable to change at any time, but any changes will not affect any existing Appointment already booked or Subscription already in place.

Payments for all Appointments must be made to Doctor Medy by credit or debit card on the checkout page. Doctor Medy accepts most major credit and debit cards.

You should be aware that online payment transactions are subject to validation checks by your card issuer and Doctor Medy is not responsible if your card issuer declines to authorise payment for any reason. If such payment is not authorised, your right to the booked Appointment shall be cancelled. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. Doctor Medy is not responsible for this.

22. Doctors

The consultations referred to within this site relate to medical general practitioner consultations.

Doctor Medy doctors are UK GPs who have undertaken post-graduate training in general practice and are GMC registered, who undergo regular appraisals under the mandatory reviews for UK practising doctors and have received bespoke training in virtual consultation skills.

The doctors are all covered by medical indemnity insurance.

The information and advice provided by Doctor Medy during a consultation should be used to increase your awareness of the options you may have available to you. By its nature a non urgent remote or virtual consultation may not be sufficient in certain circumstances for your needs and is unlikely to be appropriate or sufficient in circumstances of emergency, where a physical examination or intervention is likely to be required or where the issue is not suited to remote consultation.

We strongly recommend you share and/or discuss the information from your non urgent remote consultation with your local doctor/GP and discuss any significant differences in recommended medical treatment or plan and your concerns about previous medical treatments by your local doctor/GP.

The information and advice provided by the doctor during or before the consultation is based on the information you have supplied to Doctor Medy.

It is your responsibility to ensure this information is correct and complete and you accept that failure to do so (whether intentionally or not) may affect the information and advice Doctor Medy gives to you and, as such, may have consequences for which we are not responsible.

In the event that you do not fully understand any information given during your consultation, it is your responsibility to raise this during your consultation and the
doctor who will seek to clarify matters for you.

23. NHS Partnership

Doctor Medy is in partnership with the Brighton Health and Wellbeing Centre (BHWC),18-19 Western Road, Hove, BN3 1AE.

The Brighton Health and Wellbeing Centre is an NHS GP practice which integrates complementary therapies and healing arts and in doing so employs GP’s, clinicians and other healthcare practitioners.

Doctor Medy’s remote consultations are delivered by GP’s employed and sourced through BHWC and will make best endeavors to manage patient medical records through SystmOne. SystmOne and EMIS are the two most popular and accredited NHS IT providers of patient medical record management software.

Doctor Medy shall be deemed as the delivery mechanism for delivering remote non urgent clinician consultations on behalf of BHWC.

Every GP and clinician who has worked for the BHWC and who will deliver remote non urgent consultations through Doctor Medy will follow the best practice medical consultations in accordance with the GMC guidelines and standards monitored by the Care Quality Commission (CQC).

Brighton Health and Wellbeing Centre is regulated by the CQC. Further details of Brighton Health and Wellbeing Centre’s CQC registration can be found on the Care Quality Commission website.

24. Article Site Content

Any site article content is provided as information based content only and in no way is supported as medial evidence based practices.

© 2016 – 2017 Medy Health Ltd, 1 Gallery Court, 1-7 Pilgrimage Street, London, SE1 4LL.

All rights reserved.

Version 1.0 Dated: 5th January 2016

Version 2.0 Dated: 22nd June 2017