Terms & Conditions

1. These Terms

1.1   These Terms create a legal agreement between any individual making or attending a Booking (you) and HealthClic Ltd, a company registered in England and Wales under company number 09892983, whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (Healthclic, we, us, our).  We are registered with the Care Quality Commission, Provider ID: 1-2901411377

1.2   These Terms apply to all Bookings. If you do not agree to these Terms, do not make a Booking.

1.3   We reserve the right to update these Terms from time to time by posting the updated version on our website. We may do so for technical or legal reasons or because the needs of our business have changed. If you do not accept any amendment to these Terms then you should not make any further Bookings. If you do continue to make Bookings, you will be deemed to have accepted the Terms in force at the time of the Booking.

1.4   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 provided to us when you made your Booking. You are responsible for providing us with your most current e-mail address.

1.5   If you have any questions please contact us by email at info@healthclic.co.uk.

 

2. Definitions

In these Terms, the following words have the following meanings:

ASAP Booking: a request for a Consultation which you make on an ‘as soon as possible’ basis, instead of a specific future time and date.

Booking:  a booking you make with us for a Consultation, including an ASAP Booking.

Confirmation: the confirmation of your Booking that we send to you with details of your Consultation and the Fee.

Consultation any in-person, video and/or telephone medical consultation and related services provided by a Doctor following a Booking.

Doctor: a self-employed medical professional who carries out a Consultation.

Fee: the fee due for the Booking and the Consultation.

Medical Services: the services provided to you by the Doctor either during the Consultation or at any time after often referred to as medical care or medical advice.

 

3. Making a Booking

3.1       To make a Booking, you must be at least 18 years old at the time you make a Booking (although the individual who is the subject of the Consultation may be younger, see Condition 8).

3.2       If you wish to make a Booking, you must contact us by telephone or use the booking page provided to you.  We will require certain personal data from you and you agree that we cannot process your request to make a Booking unless you provide that personal data to us.  We shall handle all personal data that you provide to us in accordance with our Privacy Policy.

3.3       We will then select an appropriate Doctor for your Consultation, provide your personal data to that Doctor, and the Doctor will telephone you to discuss your Booking and Consultation.  We try to ensure that the Doctor makes this telephone call to you within 20 minutes of your booking request.  If we agree that a telephone call is not required (for example, in cases where you are busy until your Consultation time), if you are indeed suffering from symptoms, you will be required to provide us details of the symptoms and/or conditions you are suffering from causing the request for the Booking, so that we can share this information with the Doctor. This is for your safety, so the Doctor can perform a triage before the Consultation and inform you if you need urgent medical attention (for example, if you need to call 999). This does not apply if your appointment is an advanced Booking without any urgent medical problem or symptoms; for example you have a general health check-up Booking.

3.4       If during the telephone call the Doctor decides that a Consultation is not appropriate, you will be notified accordingly, and you will not be charged the Fee.  If the Doctor decides that a Consultation is appropriate for you, or for an ASAP Booking we have determined that a telephone call is not required, we shall send you the Confirmation by email and/or text with a link to a copy of the latest version of these Terms and our Privacy Policy.

3.5       HealthClic enables you to make a Booking for a Consultation with an available Doctor.  We are not an emergency service and we cannot guarantee that a Doctor will be available to visit you. If you believe that you require urgent medical care, you must telephone the emergency services on 999 immediately. Likewise, we do not provide mental capacity certificates, ongoing care for medical conditions or prescription drugs requiring a pink prescription.  You should seek assistance from your usual GP or healthcare provider if you require those services, or you can contact us to become a member of Healthclic.

3.6       If we are unable to find a Doctor to call you and/or attend a Consultation for any reason, including a reason outside of our control, we shall notify you accordingly and subject to Condition 9, we shall have no liability to you.  We will of course refund any Fee paid for any Consultation that we are unable to arrange for you.

3.7     If you are in any way intimidating, threatening, rude, or you shout or raise your voice to any staff members at HealthClic, and act in any manner which could reasonably be considered to make any member of the HealthClic team uncomfortable, we reserve the right not to offer you any Consultations or further Services. HealthClic has a zero tolerance policy for any behaviour which could reasonably be considered by us to be sexual, threatening, harassing, shouting, intimidating, discriminatory or aggressive, and which might make our staff uncomfortable.

 

4. Paying the Fee

4.1   You will be charged the Fee within 1 hour of your initial call to make a Booking. This means that if you do not receive a Confirmation, you should not be charged the Fee.  Payments are taken automatically by means of our payment service provider (currently Barclaycard EPDQ). By making a Booking you agree to us and our payment service provider authorising or reserving a charge on your payment card or other payment method for the Fee and for collection of the Fee.   The processing of payments will be subject to that third-party’s terms of service and privacy policies. Barclaycard’s terms of service are here – https://www2.barclaycard.co.uk/business/terms-of-use – found in PDF attached under “Payment Acceptance Online Services Terms & Conditions”. We cannot accept any liability for any damages (whether direct or indirect) caused as a result of any act or omission of the payment service provider.

4.2   Subject to additional Fees incurred as set out in Condition 4.3, we will notify you of the Fee when you make the Booking. The Fee may be based on the duration of the Consultation and the duration of the Consultation is measured from the time that the Doctor arrives at the premises where the Consultation is to take place, or when the Doctor starts the call for a video or telephone Consultation.

4.3   A Consultation lasts for a maximum of 1 (one) hour or twenty (20) minutes if it is a virtual (telephone/video) consultation. If you think that your Consultation will require longer than 1 (one) hour or twenty (20 minutes), you should make a Booking for two consecutive Consultations. If you book a single in-person Consultation and that lasts longer than 1 hour, you will be charged for the next 1 (one) hour for the extended Consultation time in accordance with our standard fees which is £199 for the next 1 (one) hour. Following the end of the Consultation in this case, and we shall then telephone you to take payment shortly after or the next day for evening Consultations. For the avoidance of doubt, if your Consultation lasts less than 1 (one) hour, you will not be entitled to any refund of any part of the Fee and must pay the full Consultation fee and extended Consultation time.

4.4   We do not accept insurance or other health coverage as payment and the Fee may not be covered under any health benefit plan or insurance coverage plan.

4.5   For the avoidance of doubt, and subject to Condition 4.6, the Doctor will not attend a Consultation if the Fee hasn’t been paid or if you have instigated a credit card charge back for the Fee. However, we may still take action against you to recover the Fee due unless you have cancelled your Consultation in accordance with Condition 5 below.

4.6   From time to time, at our sole discretion, we may agree that you can pay the Fee in cash and in such circumstances, you should pay the Doctor at the Consultation. We may withdraw our agreement for cash payments at any time.

 

5. Cancellation

5.1       You can cancel your Booking and Consultation only as follows:

(a)        for any Booking, but in particular, an ASAP Booking, you can call us within  5 (five) minutes of receipt of the Confirmation to cancel the Booking and the Fee will not be charged; and

(b)        for any Booking (except an ASAP Booking), you must call us at least 6 (six) hours before thescheduled time of the Consultation and no later than 14 (fourteen) days from the receipt of the Confirmation and the Fee will be refunded to you.

5.2       If you wish to cancel an ASAP Booking more than 5 (five) minutes of receipt of the Confirmation, you should call us, and we shall determine on a case by case basis whether or not we can agree to the cancellation.  Even if we are able to agree to the cancellation,  we reserve the right to charge you 50% of the Fee in any event.

5.3       In exceptional circumstances the Doctor may need to cancel the Booking.  We require Doctors to notify us of this by 12:00 midnight on the evening of the day that the Confirmation is sent to you, or (for ASAP Bookings) within 5 (five) minutes of the Booking being notified to them. However, notification may be later for any reason outside of the Doctor’s control, such as illness, travel issues or family emergencies.  We will notify you as quickly as possible in the event of cancellation by a Doctor by contacting you by email and telephone on the details you have provided. For an ASAP Booking, we will notify you as quickly as possible by telephoning you up to three times and also emailing you. We will also inform you of the details of an alternative Doctor where available.  If you do not wish to change the date or time of your Consultation and/or see the alternative Doctor, you may cancel your Consultation when we notify you under this Condition 5.3.

 

6. The Consultation

6.1       You are responsible for ensuring that you are available to meet the Doctor at the premises specified in your Booking at the time specified in the Booking. To be clear, if you (or, if applicable, your child or person who has given authority for you to make the Booking on behalf of) is unavailable to meet with the Doctor at the agreed time and place, you not be entitled to any refund of the Fee unless you have cancelled the Booking in accordance with Condition 5.

6.3       You are responsible to explain to the Doctor details of your medical or health-related conditions which might affect you or anyone else receiving the Consultation or any related services (for example only,  allergy information and health history).

6.4       Each Consultation is limited to dealing with one medical issue for one person only, and that person must be the person identified in the Booking.

6.5       You acknowledge and agree that the Doctor is obliged to make notes of any Consultation.  The Doctor shall save the notes into our practice management system and we shall process the personal data in your notes in accordance with our Privacy Policy. We will provide a copy of your notes to you if you make a subject access request in accordance with your lawful right to do so, again see our Privacy Policy for information on this right.  However, if you would like to share a copy of your notes with any other medical professional, you should ask the Doctor (and not us) to do so.

6.6.      If the Doctor asks us to send you any confidential letters/documents to you, we shall do so by email with a password protected link, and the link expires after 7 days.

6.7       You agree that you will (and you will take full responsibility to ensure that any other person present at the Consultation will):

(a) not use any abusive language to the Doctor;

(b) not request any other service from the Doctor other than that specified by or related to the Booking;

(c) provide the Doctor with a safe and suitable working environment;

(d) not act in any manner which is or which could reasonably be considered by the Doctor to be sexual, threatening, harassing, intimidating, discriminatory or aggressive, or which might make the Doctor uncomfortable;

(e) not be under the influence of alcohol or recreational drugs at the time of the Consultation; and

(f) unless we have agreed in advance, not attempt to make any payment (in cash or otherwise) to the Doctor.  

6.8     If you do not comply with any of the requirements of Condition 6.7, then, in addition to other rights or remedies available to us and/or the Doctor, the Doctor will be entitled to refuse to provide the Consultation and you not be entitled to a refund of all or part of the Fee. If the Doctor or our Clinical Governance Committee determines that there is as breakdown in relationship between the Doctor(s) and you, the Doctor(s) and therefore HealthClic can refuse to provide any further Services to you.

6.9    The Doctor will not undertake intimate examinations. If at any point the Doctor determines that an intimate examination is necessary the Doctor will not be able to continue with the Consultation and the Doctor will refer to you to a suitable clinic/hospital/other healthcare professional to undergo the examination.

 

7. Your Doctor

7.1       The Doctor, and not Healthclic, provides the Consultation and is therefore responsible for the Medical Services. HealthClic is responsible only for making the Booking, fulfilling duties under CQC as a healthcare provider, and processing payment of the Fee.  By confirming to the Doctor that you require a Consultation, you are entering into a contract with the Doctor for the provision of the Medical Services.  We are not a party to that contract.

7.2       Notwithstanding Condition 7.1, we follow obligations as required by CQC for healthcare providers to check documents showing that the Doctor is properly licensed to provide on-call medical consultations and provide diagnoses in-person. We also perform checks to establish that the Doctor holds professional indemnity insurance; that they have not been convicted of any relevant or significant crime or criminal activity; and that they are in current good standing with the General Medical Council.

7.3       We do not represent, endorse or recommend any Doctor, the quality of their work and/or the value and quality of their Medical Services.

7.4       The Doctors are not our employees. We have no involvement in your medical diagnosis or any medical treatment.

7.5       You should consult with your usual GP or healthcare provider before seeking any new treatment or before you alter, suspend or initiate any change in your current medical treatment or regime

7.6       You acknowledge that all Doctors are governed by General Medical Council rules and regulations – ‘duties of a doctors’, 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, Doctors are obliged to inform relevant authorities including the police, social services and/or the patient’s usual GP or healthcare provider.

 

8. Arranging Consultations for Other People

8.1       If you are making the Booking on behalf of someone else:

(a)        if the patient is under 18 years old, you must be the patient’s parent or legal guardian; or

(b)        if the patient is 18 years old or over, the patient must have given you their consent to make the Booking and to disclose to us and to the Doctor their personal data as necessary.

8.2    You must make it clear when requesting the Booking that you are not the patient, but the parent, guardian or other person given authority to make the Booking on behalf of the patient.

8.3    You must be present throughout the entire Consultation if the patient is under 18 years old. You may be present throughout the Consultation if the patient is over 18 years old and that patient has consented to you attending. We do not provide chaperones to attend Consultations. If at any point you request a chaperone the Doctor will not be able to continue with the Consultation but you and not be entitled to a refund of all or part of the Fee. The Doctor may refer to you to a suitable clinic, hospital or other healthcare professional.

 

9. Disclaimer – Our liability is limited

9.1       You may have legal rights against the Doctor in relation to failures to provide the Medical Service in accordance with reasonable skill and care, or his/her medical professional obligations. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect your statutory rights.

9.2       We accept liability for death or personal injury resulting from our negligence or that of our employees or agents (which does not include any Doctor), and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.

9.3     Subject to Conditions 9.1 and 9.2, we are not liable for:

(a)    losses or harm in relation to your receiving or not receiving the Consultation;

(b)    losses or harm not caused as a direct result our breach of these Terms and/or our negligence;

(c)     losses or harm which are not reasonably foreseeable by you and us at the time of the Confirmation; and/or

(d)    losses or harm which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, mobile device failure or financial loss.

9.4       Subject to Conditions 9.1, 9.2 and 9.3, and to the extent permitted by law, if we are in breach of these Terms and/or we are negligent under any duty of care we owe to you, our maximum liability shall be the Fee paid for the Booking.

 

10. Legal or Complaint Notices

10.1    Healthclic is not responsible for the Medical Services provided to you. If you have any complaints in relation to the Medical Service (your medical care or your medical advice), you can contact  us and we will do our best to facilitate a discussion between you and  the Doctor, follow our Complaints Policy, and investigate where appropriate as required by CQC guidelines.

10.2    You can also request a copy of our Complaints Policy at any time by emailing us atadmin@healthclic.co.uk.  We agree to follow our Complaints Policy and investigate the acts or omissions of the Doctor to the extent set out in our Complaints Policy.  We shall notify you of the outcome of our investigation.  This does not affect your statutory rights, and you can at any time take any further action you wish to against the Doctor.

10.3    In the unlikely event that legal action becomes necessary either by us or by you, 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) shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

11. General

11.1      We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else but only if we give you advance notice. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer, assign, subcontract or delegate any of the rights we give you under these Terms unless we first agree to this in writing.

11.2     If any part of these Terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms shall remain valid and enforceable.

11.3     Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us. 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.

Website Content and Access

We may update the website from time to time. Please note that any of the content on the website may be out of date at any time and we are under no obligation to update it. We do not guarantee the website will be free from errors or omissions and we make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up-to-date, or that it meets your requirements. The content on the website (which does not include any advice given pursuant to the Service) is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website.

We do not guarantee that the website or any part of it will always be available or be uninterrupted. Access to the website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the website.

We do not guarantee that the website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the website. You should use your own virus protection software. You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the Website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack, distributed denial-of service attack or other attack. By breaching this provision, you could be committing a criminal offence. We may report any suspected or actual breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

HealthClic Acceptable Use Policy

You agree that you will not:

• use the Service to harm anyone or to cause offence to or harass any person;
• use another person or entity’s email address in order to sign up to use the Service;
• use the Service for fraudulent or abusive purposes (including, without limitation, by using the Service to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Service);
• use the Service for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
• remove or amend any proprietary notices or other ownership information from the Service;
• interfere with or disrupt the Service or servers or networks that provide the Service;

except as permitted by law, attempt to decompile, reverse engineer, disassemble or hack any of the Service, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

• ‘spider’, ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use the Service, including, but not limited to any personal data or information (including by uploading anything that collects information such as ‘spyware’);
• disrupt the normal operation of the Service or do anything which is likely to have a negative effect on other users’ ability to use the Service;
• disobey any requirements or regulations of mobile networks connected to the Service;
• use the Service in violation of any applicable law or regulatory requirement;
• attempt to get around technological measures designed to control access to, or elements of, the Service;
• claim that you are associated with or endorsed by HealthClic unless you have entered into a written agreement with HealthClic to that effect;
• republish in bulk any information derived from use of HealthClic;
• “White-label” or otherwise hold yourself out as the originating provider of HealthClic or any material or processes contained in it;
• tamper with, disable or override (or attempt to do any of those things) any security component or process of HealthClic;
• use any technical or other means or process means to “mirror”, “frame”, “scrape,” “crawl” or “spider” any web pages or other services contained in the HealthClic service;
• attempt to or actually access the Doctor Listings by any means other than through the Service. An example of such other means is attempting to access HealthClic via software-as-a-service platforms that aggregate access to multiple services, which include HealthClic; or
• use the Service in any other way not permitted by these terms.