Doctor Terms & Conditions of Service
Please read these Terms & Conditions carefully as they govern your access and attempt to access, and engagement in the Services provided by, Push Doctor (Push Dr Limited).
IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS YOU ARE NOT AUTHORISED TO ACCESS OR USE PUSH DOCTOR, AND YOU SHOULD EXIT THE PLATFORM AND CLOSE YOUR CONNECTION IMMEDIATELY.
Push Doctor reserves the right to suspend or terminate your access to the Platform at any time, without notice and without liability, if it reasonably determines you have breached these Terms and Conditions.
The Platform is owned and operated by Push Dr Limited (“Push Doctor”, “Push Dr”, “PushDr”, “our”, “us”, “we”), a company registered in England (company number 08624572).Push Doctor is regulated by the Care Quality Commission (“CQC”) and is registered: 1-1207461908. The CQC is the independent regulator of all health and social care in England. The CQC monitors, inspects and regulates all hospitals, care homes, home-care agencies, GP practices and dental practices.Push Doctor enables individuals in the United Kingdom (“Customer”, “Customers”) to connect in real time, via streaming video, chat, instant messaging and picture messaging, to participating doctors (all of whom are registered with the UK General Medical Council: www.gmc-uk-org the “GMC”) (the “Practitioners”, “you”) via the Platform in order to gain qualified and professional medical advice and be provided with related administrative services including referrals and sick notes. If agreed with a Practitioner, and where supported by Push Doctor, in consultation on the Platform, Customers may also purchase private prescriptions for certain medication(s) (collectively the “Services” or a “Service”). We will provide details about restrictions on Services throughout these Terms and Conditions which you will need to read carefully, understand and adhere to when using the Platform and/or providing any part of the Services.You expressly understand, accept and agree that when using the Platform that Push Doctor will connect you to members of the public or Customers who are seeking independent advice from qualiﬁed, appropriately-insured, medical professionals and that you are individually responsible for the medical advice and medical services that you oﬀer to Customers via the Platform, subject always to these Terms and Conditions. You also accept during the course of your communication and consultation(s) with Customers on the Platform that Push Doctor's liability is limited (see in particular clauses 20 and 21). You also accept and agree that all of the elements, whether in whole or in part, of the Services that you oﬀer and/or fulﬁl for the Customer, including but not limited to the individual medical advice, health information, prescriptions for medication and/or any diagnoses, are provided to the Customer at your own risk. ServicesWe have informed Customers that the Services they receive on the Platform are not the same as those provided by the NHS or their NHS GP surgery but that Push Doctor will automatically attempt to share Customers’ medical Information with their NHS GP unless they opt out of this part of the Service or do not provide their NHS GP Surgery details. We do this to assist you with your obligations to the GMC, however, you accept, agree and understand that Push Doctor assumes no responsibility whatsoever for any of your obligations in whole or in part to the GMC or any other organisation or governing body/entity. As an independent practitioner you accept and agree that you personally remain completely and fully responsible for meeting any and all requirements placed upon you by any regulatory body, institution or other legal obligation. You understand that Customers may make a request for information in their Electronic Medical Record ("EMR") held on Push Doctor to be shared with third parties when in consultation with you and that if this request is made you should either direct them to: (i) Sign In to their Push Doctor Account and use the ‘Release Notes’ function, which is FREE; or (ii) pay, whilst you are in consultation, for a letter to be created and written by you [authorising the release of such notes/setting out the information to be shared.Push Doctor is not a prescription provision or fulﬁlment service and you must only ever write, create, authorise or otherwise enable the issuing of prescriptions via the Platform under circumstances that are wholly appropriate, in line with the relevant GMC Guidance for Good Medical Practice, legal, responsible and as the result of discussion and mutual agreement between you and the Customer. Further, you will not under any circumstances issue a prescription as a result of the sole recommendation of any other person; you must only oﬀer to issue a Prescription when, in your own professional opinion, the issuing of a prescription for certain medication is appropriate, in the best interest of the individual Customer and not in conﬂict with any of Push Doctor's ‘Prescription Issuing Policies and Rules’ (which are made available to you online) from time to time (including but not limited to those outlined in the policy documents ‘34.t Prescribing and Prescription Policy’ and ‘9.t Management of Medicines Policy’), which you warrant you have received, read, understood and agree always to follow when consulting and providing any of the Services on the Platform. Push Doctor makes no guarantee to Customers that you will issue or provide a prescription for any medication under any circumstances that are not legal, responsible and the result of mutual discussion and agreement with you via the Platform.Push Doctor will endeavour to connect you to Customers, subject to minimum specification requirements (such as device processing power and internet speeds) as determined by Push Doctor from time to time (available via the Platform’s ‘FAQ’ section) and subject to Customers requesting and attending consultations. You acknowledge that Push Doctor does not guarantee a connection can be made or maintained at any time. Push Doctor may deny or refuse you access to the Platform; suspend, change or update the Platform; and/or otherwise alter the Platform it offers to Customers from time to time, at its sole discretion, without notice, but at all times subject to Push Doctor’s legal obligations, which it takes very seriously, such as regarding the secure maintenance of medical records. No connection request initiated by you, on/or via your authorised device(s) under your Push Doctor or ‘For The Grace’ Account details or under any circumstances, shall mean you are entitled to be paid any amount of money by Push Doctor or the Customer whatsoever. Payment shall only be made pursuant to clause 24 of these Terms and Conditions. Push Doctor's opening times are subject to change at the sole discretion of Push Doctor. Practitioners acknowledge that Push Doctor does not guarantee Practitioners any volume of work and/or any level of income. You accept and agree that any and all advice (medical or otherwise) you oﬀer via the Platform, including but not limited to any medical diagnosis or prognosis, whether verbally, in writing or by any other means, is your professional opinion and offered on your own behalf, it is NOT the opinion of Push Doctor its oﬃcers, employees or agents, who you hereby acknowledge are not providing advice via the Platform and therefore are not liable for advice you oﬀer to Customers. You should rely on your experience and knowledge when providing Customers with advice and recognise that it is your sole responsibility to assess each situation in its entirety when providing your professional opinion to Customers. You understand, accept and agree that you will NOT under any circumstances amend, alter or tamper with the contents of any documents created on the Platform and/or issued by you via the Platform. You may only use the Platform if you are registered with the General Medical Council with a licence to practise and are included in the GP Register. You warrant, without exception, that the information you provide about yourself, your circumstances and your qualiﬁcations as a GMC-registered, fully and appropriately-insured (see clause 19) and validated general practitioner to Push Doctor is true, accurate, has not been tampered with and can be relied upon as proof of your status (and you hereby undertake to inform Push Doctor without undue delay if for any reason circumstances change that aﬀect your ability to practise, disclosing the relevant details to Push Doctor and responding to any request for further information from Push Doctor). Should Push Doctor become aware that you are not a qualiﬁed and UK-registered General Practice Doctor or your professional or personal circumstances have changed (aﬀecting your ability to practise general practice medicine, including but not limited to a change in your insurance or indemnity arrangements) we may immediately deny you access to the Platform at our sole discretion, without liability to you and without prejudice to our other rights in these Terms and Conditions to suspend access to the Platform. Nothing in these Terms and Conditions shall cause Push Doctor to become liable whatsoever for your actions as a medical professional and you accept all responsibility for your actions and legal status.You understand, agree and accept that Push Doctor is not to be used to treat, assess or deal with Customers in urgent or emergency situations or any situation you believe could escalate to require emergency medical services. If you believe there is a chance that any Customer you consult with may require urgent care, you should direct them immediately to an appropriate emergency care/services centre. Push Doctor is not to be used by Practitioners to provide urgent care or care in any emergency situation or any situation where you believe it could escalate to the Customer being in need of or requiring emergency medical attention/services.
- Push Doctor Platform, Services and Requirements:
If and to the extent that the Working Time Regulations 1998, as amended from time to time (Regulations) apply to the Services you may provide pursuant to these Terms and Conditions, you confirm that you hereby waive your rights regarding the maximum weekly working time specified in Regulation 4 of the Regulations, which shall constitute an agreement for the purposes of Regulation 5 of the Regulations.At no time whatsoever will you solicit or attempt to solicit Customers away from Push Doctor or oﬀer your own services to Customers. You may not circumvent or attempt to circumvent Push Doctor's charges, fees, protocols, procedures or rights.If you are not appropriately insured, or are insured but do not have cover to the levels required to meet the obligations herein (see clause 19), you are NOT AUTHORISED to use Push Doctor.You acknowledge and accept that the commercial model of Push Doctor is to charge Customers for the Services and a large part of the Services comprises time spent in consultation. As such you must at all times use the time in consultation (for which the Customer is paying) diligently, appropriately (to provide the Customer with the very best healthcare) and eﬃciently. You must not extend the time it takes to complete a task for monetary gain or in any way that could reasonably be construed as your unnecessarily prolonging the time it takes to complete tasks or provide the Services. Similarly, you remain solely responsible should you provide deficient or incomplete advice due to any attempt by you not to extend a consultation.You have received, read, understand and accept the guidance, rules, procedures, requirements and directives provided in the GMC's Good Medical Practice, the Push Doctor ‘Doctor's Starter Pack’, Push Doctor's ‘Patient Terms and Conditions’ (www.PushDoctor.co.uk/Terms) and the following Push Doctor policies (for clarity all the up-to-date Push Doctor policies are available here 24 hours a day: www.dropbox.com/sh/1z9zz8oe70ic9vd/AADSR0-0hH11JNqirEf_t4yRa?dl=0) and which you agree to follow:
- Conditions of service provision to Push Doctor
In the event of any conﬂict between these policies and other documents that make up part of these Terms and Conditions and the terms and conditions provided herein these terms and conditions shall prevail. You hereby warrant that all information and details you have provided to us (including on registration) are true, accurate and up-to-date in all respects and you must update such details as soon as possible in the event of any change. You can update or correct your details at any time and should do by Contacting Us.Your use of the Platform grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to Push Doctor software, applications and websites) or the intellectual property of our partners, other than the non-transferable, personal right to use and receive the Platform in accordance with these Terms.You will not use the Platform:
- Chaperone Policy
- Confidentiality Policy
- Feedback and Complaints Procedure Policy
- Information Policy
- Choice Policy
- Equality and Diversity Policy
- Review Procedure Policy
- Consent Policy
- Fees Policy
- Incident Reporting Policy
- Cooperation and Information Delivery Policy
- Safeguarding Adults Policy
- Safeguarding Children Policy
- Management of Medicines Policy
- Service Quality and Assessment Policy
- Decease Policy
- Incident Notiﬁcation Policy
- Records and Notes Policy
- Notice of Changes Policy
- Workforce Policy
- Triage Policy
- Prescribing and Prescriptions Policy
- Consultation Policy
- Clinical Governance and Monitoring Policy
- Clinical Risk Assessment Policy
You also warrant that: you have all appropriate licences, approvals and authority to provide professional medical services to Customers, as a legally qualified and registered General Practitioner.
- for any unlawful purpose;
- in any way that interrupts, damages, impairs or renders the Platform less eﬃcient;
- to transfer ﬁles that contain viruses, trojans or other harmful programs;
- to access or attempt to access the accounts of: (i) other Practitioners; or (ii) any person other than Customers with whom you are consulting, or to penetrate or attempt to penetrate any security measures;
- to disseminate any content which is defamatory, offensive, obscene or may have the eﬀect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise;
- to advertise or promote third party or your own products or services; or
- to treat your own NHS patients which is NOT allowed.
At all times during your engagement with Push Doctor:
You agree to create your Push Doctor account (Account) accurately and truthfully, including but not limited to your name, postal address, mobile telephone number (do not provide landline telephone numbers in place of mobile numbers), email address and password. Your Account details are personal to you and you are solely responsible for maintaining their confidentiality, as you remain liable for all activity that occurs under your Account. You agree to prohibit anyone else from using your Account and you agree immediately to notify Push Doctor of any actual or suspected unauthorised use of your Account or any other security concerns, howsoever arising, immediately upon your becoming aware of them. Unless and until you notify us of any suspicious activity or security concerns we will assume all actions taken linked to your Account to be authorised by you.In order to determine your compliance with these Terms and Conditions we reserve the right to monitor your access to and use of the Platform and the Services. Push Doctor may, at its sole discretion, deny access to the Platform and/or refuse to provide Services in the case of actual or suspected misuse of the Platform and/or Services or for any actual, attempted or suspected non-compliance with these Terms and Conditions, including but not limited to security concerns or potential infringement of intellectual property rights.Push Doctor reserves the right to refuse access to the Platform to anyone, at its sole discretion from time to time, whether or not the user has previously successfully registered, visited or used any Services.Security:You will not be able to Log In to your Push Doctor or For The Grace accounts without a valid working mobile telephone number.Push Doctor may contact you by telephone, post or email to verify your Account information. Push Doctor may request further information from you, which you agree to provide, in order to ensure you have not fraudulently created your Account.If you do not provide any such information in the manner requested within seven (7) working days of the request, Push Doctor reserves the right to suspend, discontinue or deny your access to and use of the Platform and Services until such time as the information is provided to Push Doctor’s reasonable satisfaction.
- you will refrain from doing anything that we reasonably believe to be disreputable or capable of damaging our reputation;
- you acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of Push Doctor (although we reserve the right to do so, we do not routinely monitor such content and will not be liable for any such content. If you have a complaint about another user please Contact Us or use the in-Platform reporting functions where appropriate);
- you will comply with all applicable laws and be responsible for the provision of your professional services to Customers;
- you acknowledge that in relation to the reporting information that we provide, we use all reasonable endeavours to ensure, but cannot guarantee, that such information is accurate and therefore you should use your own judgement when acting on the basis of information provided; and
- you acknowledge that we are not responsible for the behaviour, actions or inactions of Customers or anyone attempting to use or access the Platform for any purpose, although you may notify Push Doctor using the Contact Us form on the Platform if any such misbehaviour or issues are related to Customers.
- You will dedicate the time that you spend on platform to Push Doctor patients exclusively so as to ensure that they receive the very best healthcare services from you via the platform as possible, including ensuring that the patient is collected from the virtual waiting room as fast as possible.
- you will not engage or provide services to direct competitors of Push Doctor which are defined as the following companies:
- Babylon Health Service Limited (AKA Babylon Health)
- Doctor Care Anywhere (AKA DCA)
- Now Healthcare Group Limited (AKA NowGP and DrNow)
- Medlanes Digital Health Limited (AKA Medlanes)
- KRY (AKA Webbhasla.AB KYR)
Please print and keep a copy of these Terms and Conditions and all the associated documents, policies and other references that make up part of these Terms and Conditions. Push Doctor reserves the right to modify the Terms and Conditions periodically, including any policies or other documents referred to in it, for any reason. We will post a copy of any updated terms on the Platform prior to any change becoming effective; if we make any material changes (including any change to our Costs) we will notify you prior to the change becoming effective. Any such revision or change will be binding and effective immediately on posting the revised Terms and Conditions on the Platform and you should cease use of the Platform if you do not agree to any such change. The most current version of these Terms and Conditions can be accessed at any time by selecting the “Terms” link in the “My Account” section of the ‘For The Grace’ mobile application. Any new version of these Terms and Conditions will, once published, supersede any previous version.
- Modification to Terms and Conditions
As part of the registration process, you are required to provide us certain personal and professional Information. It is your responsibility to update Push Doctor as promptly as possible (bearing in mind patient welfare needs/requirements and your obligations to Push Doctor) with any changes to your personal or professional details so that all our records are current, complete and accurate. At any time you may be notified that information is available for your review that is considered private and possibly time-sensitive, so you should consider ease of access when determining which email address you use for your Account.
- The Information Provided By You
You are obliged to provide us with the following information:
You must also give us immediate notice of any events you become aware of, directly or indirectly, that may adversely aﬀect Push Doctor's reputation.
- Change to your legal name (including title)
- Change in email address
- Change of postal address, including postal code
- Change of mobile telephone number (you are not permitted to use landline numbers in place of a mobile telephone number)
- Change of your professional qualiﬁcations or memberships (including adverse changes)
- Change of your professional status (including your validation/registration with the GMC, the RCGP or any other required regulatory body and also notifying us of any investigations or reviews that may threaten to adversely aﬀect your professional status or reputation or relate to your professional practice)
- Change of your insured/insurance/indemnity status (including that of your professional liability, indemnity cover, public liability and/or malpractice insurance), refusal of insurance or indemnity and/or change of insurer or defence organisation (see clause 19)
- Change of your bank account details or payee details
- Change of your availability with regard to your 'committed hours' (see clause 24)
- Change of the postal address used as the payment address for any bank account or VAT ID registered in your Account
Any data, images, diagnosis, inputs, opinions (professional or personal) or other content you upload to the Platform will be considered non-confidential. You retain all of your ownership rights in your content, but you are required to grant us an irrevocable, unrestricted, exclusive, transferrable and free licence to use, store and copy that content and to distribute and make it available to third parties. You warrant that the data and/or content that you contribute to the Platform is accurate, truthful and that you have all the legal rights to provide such data/content to us in this way.The views expressed by other users on the Platform do not represent the views or values of Push Doctor.Push Doctor will not be responsible, or liable to Customers or any third party, for the content or accuracy of any content posted by you or any other user of the Platform.You warrant that your contributions to the Platform will comply with the following acceptable use standards (and you will be liable to us and indemnify us for any losses, costs and expenses arising from any breach of such standards). Contributions must not:
- The Content You Create and/or Provide To The Platform
We have the right to remove any content from the Platform if, in our opinion, it does not comply with these standards.You are solely responsible for securing and backing up your content.
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person or any privacy rights (and we reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights or of their right to privacy).
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abusive or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from Push Doctor, otherwise than as permitted by these Terms and Conditions (for example, by the authorised use of any Push Doctor logo on Customer communications).
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You must at all times follow the GMC's guidance with regard to confidentiality including, but not limited to, those instances in which you are required to disclose information about a Customer.For the purposes of these Terms and Conditions, “Confidential Information” is any information that is not in the public domain or generally known about Push Doctor, its directors, oﬃcers, shareholders, owners, employees, agents, aﬃliates, partners, contractors or Customers, including but not limited to Push Doctor's practices, technology, systems, processes, protocols, marketing activities, strategy, ﬁnancial information, Customer information, EMRs, rates of pay, legal agreements or commercial terms.Subject to any legal or regulatory obligations to the contrary, you understand, accept and agree:
- Electronic Medical Records
Push Doctor is not responsible for your misuse, mistaken use or unsafe use in any way of Confidential Information.
You must strictly adhere to all applicable UK and EU laws, regulatory requirements and the GMC's guidance with regard to prescribing, and speciﬁcally remote prescribing, and in addition to this you must at all times when using the Platform ensure that you adhere to the rules and restrictions outlined in Push Doctor's policies with regard to prescribing behaviour on the Platform (in particular ‘34.0 Prescribing and Prescription Policy’ and ‘9.t Management of Medicines Policy’).Any prescription that you issue has a maximum number of medical items that can be included, which is seven (7) medical items. If you and a Customer agree that the Customer requires more than seven (7) medical items as a result of your consultation the Customer must agree to be charged for multiple prescriptions; if the Customer is unwilling or unable to pay for all the prescriptions you wish to provide them with as a result of your consultation it is up to you and the Customer to manage the situation appropriately. Push Doctor takes no responsibility whatsoever for any Customer’s inability to aﬀord or receive the care (including but not limited to healthcare and medications) you are attempting to oﬀer or prescribe.You may provide prescriptions via the Platform if the prescription has been paid for by the Customer and you will be notified by the system during a consultation if the Customer’s purchase has been approved. You should only ever prescribe under circumstances that are legal and at your sole discretion, using your professional judgement.You acknowledge and accept that Push Doctor has restricted some of the medicines that you are authorised to prescribe on the Platform. There are certain medicines that should not be issued via Push Doctor, which include:
- that Confidential Information shall be held in conﬁdence and not used, disclosed or made available to any person, ﬁrm or company without our prior consent;
- you will not disclose to any person that you have received any Confidential Information;
- to keep safe, secure and confidential any Confidential Information you have downloaded it to a device, printed, copied, or reproduced in any other way, treating such downloads or copies as originals;
- that you will adhere to the guidance and rules provided in Push Doctor's ‘1.3 Confidentiality Policy’, which you will regularly check;
- not to use any Confidential Information (or any part thereof) directly or indirectly to contact, approach or solicit Customers, partners, contractors, agencies, aﬃliates, directors, oﬃcers, shareholders or employees of Push Doctor;
- that you will ensure that any person to whom you disclose Confidential Information is made fully aware by you in advance of your obligation under these Terms and Conditions and that each such person gives an equivalent undertaking in respect of the Confidential Information;
- that upon written demand from us you will either return any Confidential Information you hold, including any copies, or conﬁrm to us in writing that, save as required by law or regulation, it has been destroyed. Depending on the nature of any reports, notes or other material prepared by you or on your or their behalf which incorporate Confidential Information (Secondary Information) Push Doctor may, at its sole discretion, decide that such Secondary Information need not be returned or destroyed provided that it is kept strictly confidential; and
- that Push Doctor does not give any warranty or make any representation as to the accuracy or otherwise of the Confidential Information.
When prescribing you must complete the prescription in words and it is your sole responsibility to ensure that the data and content you enter into the system is accurate. You must enter any prescription on the Push Doctor system within two (2) hours of the relevant consultation ending.The prescriptions you can issue via Push Doctor are private prescriptions only; you cannot issue NHS prescriptions via the Platform. You accept that fulﬁlment and dispensing (or any third‐party costs for such services) of the medicines prescribed is not under the control or inﬂuence of Push Doctor in any way. You accept and agree that Push Doctor charges administration fees for every prescription that is issued via the Platform in accordance with the Costs (explained in these Terms & Conditions from time to time). The Customer must pay the ‘Prescription Administration Fee’ prior to a prescription being created by a Practitioner, which fee is non-refundable. Prescriptions by email are deemed to have been delivered to the Customer once the Platform marks the email containing the prescription as "correct" and "sent", including time and date stamping for Push Doctor's records, after which time Push Doctor has fulﬁlled its obligation to provide such a prescription and is entitled to retain the related fees. Push Doctor is not responsible for the spam, junk or mail receipt prevention tactics of Customers’ email service providers/hosts, who may for whatever reason and outside of Push Doctor's control direct emails from us away from a Customer’s inbox. You may not re‐issue prescriptions without charging the applicable fee unless directed by Push Doctor to do so. Push Doctor reserves the right to present to you copy prescriptions for re-signing and if you decide to re-sign the prescription for that Customer, having reviewed their EMR, you may at our sole discretion receive a (reduced) fee for issuing this replacement prescription.Push Doctor enables access to documents delivered via email using a pass-code, for data security reasons. Such pass-code(s) are issued by Push Doctor and only valid (in the sole opinion of Push Doctor) pass-codes will grant access to a document. Push Doctor’s pass-codes expire 30 days after their delivery and Customers will no longer be granted access to the relevant document unless they request a new code and Push Doctor, at its discretion, agrees to provide such a code (for which Push Doctor may charge reasonable administration fees).When you oﬀer a Customer the opportunity to acquire a prescription via the Platform then you must confirm the Customer’s preferred delivery method , to be charged at the relevant Costs at the time of selection and purchase. You must complete the prescription charging requirements on the system made available to you via the Platform in order to issue a prescription. The Services are not available free of charge and a Customer's ability to use the Platform, receive the Services and receive the care you wish to oﬀer them is dependent on their having provided valid payment details, using which Push Doctor has been able to pre-authorise the relevant fees. In the case of repeat prescriptions, we will charge Customers in accordance with our Costs from time to time for creating a repeat prescription (and for the chosen method of delivery). If for any reason payment is declined by the Customer’s card or credit provider we will be unable to create a repeat prescription for the Customer and we will notify them by email and oﬀer them the opportunity to provide alternative payment details. You will be asked to review and authorise each repeat prescription each month of issue and will receive fee, as determined at Push Doctor’s sole discretion, for doing so.Once created, prescriptions will be deemed to have been received by the Customer within twenty four (24) hours of being noted on their Account as ‘sent’ for prescriptions by email, within forty‐eight (48) hours for those sent by First Class Post and when signed for in the case of special delivery items.
- any medicines classed as controlled or restricted drugs/substances under The Misuse of Drugs Regulations 2001;
- unlicensed medications;
- sedatives or sleeping tablets;
- strong analgesics; and
- medications that need to be initiated by a hospital consultant specialist.
By registering on the Platform you are agreeing to opt-in to the receipt of newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health-related information, links to other related websites and specific questions related to your Push Doctor Account. Additionally, Push Doctor makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Push Doctor. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care, which is explained to Customers in their contract with Push Doctor. The information contained in these communications and resources is compiled from a variety of sources and may or may not be considered authored by Push Doctor. Push Doctor makes no warranty as to the content of these materials or the information contained therein, neither does it represent or warrant that any particular drug or treatment is safe, appropriate or effective in any particular circumstances. If you do not wish to receive such communications, you may opt-out at any time by going to My Account and selecting “Communication Preferences”.
You agree that you will not, and will not permit anyone else to:
- Information Resources (Opt-IN):
You further agree that any information you provide or use on the Platform, and your use of the Platform or Services will not infringe or facilitate infringement of any copyright, patent, trade mark, trade secret or other proprietary, publicity or privacy rights of any party.Push Doctor maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trade mark or other intellectual property or ownership right of any other person and to suspend your access to the Platform in such circumstances.Push Doctor reserves the right to terminate any Account that does not include a valid email address and mobile telephone number (not a landline) on file as part of that individual’s Account. Both the email address and mobile telephone number must be stored in the profile for your Account on the Platform. Please note: this does not affect Push Doctor’s conformity with all relevant UK laws regarding the keeping, maintenance and protection of medical/patient records.
- use the Platform or Services in any unlawful way and/or for any unlawful purpose;
- post or transmit a message (written, verbal or via video) under a false name or use the network resources of Push Doctor to impersonate another person or misrepresent authorisation to act on behalf of others (including but not limited to Practitioners) or Push Doctor. All messages transmitted via Push Doctor and the Platform should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;
- allow another person or entity to use your Account, username or password;
- market, promote or solicit the Services except as expressly permitted by these Terms and Conditions;
- distribute chain letters or unsolicited bulk electronic mail ("spamming") via the Platform, to Push Doctor or to any third party allegedly on behalf of Push Doctor;
- attempt to undermine the security or integrity of computing systems or networks of Push Doctor, its Platform or any sites or platforms accessed through or via the Platform, and you must not attempt to gain unauthorised access;
- harvest or collect data about any other individual who uses the Platform;
- post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Platform or the Services;
- tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of the Platform or the Services. You will not use robots or scripts with the Platform;
- attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this Platform. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.
- Operational Functionality
For the duration only of being logged into your Account from time to time, and subject to your compliance with these Terms and Conditions, you are hereby granted a non-exclusive, non-transferable, temporary licence to use the Platform and the Services solely in accordance with these Terms and Conditions. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Platform (including its software and documentation), create derivative works based on or in any manner commercially exploit the Platform or the Services, in whole or in part. You are granted a licence to download or stream a copy of the Push Doctor app (and any documents provided on or in relation to the Platform or Services) onto a mobile and/or tablet device and to view, use and display the app on such device(s), [the terms of which are set out in the end user licence agreement you must accept when downloading the app]. The Customer may not copy or otherwise use such information to create derivative works.You may not make any form of recording of any consultation via the Platform as this would be a breach of these Terms and Conditions and also a violation of data protection law.You must not misuse our site by 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 Platform, the server on which our website, app or related materials are stored or any server, computer or database connected to the Platform. You must not attack our site or app via a denial-of-service attack or a distributed denial-of-service attack; by breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
You may link to our website home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site on any website that is not owned by you. We reserve the right to withdraw linking permission at any time.Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.If you wish to make any use of content on our site other than that set out above, please Contact Us.Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Push Doctor has no control over the contents of such sites or resources.
Push Doctor (or its licensors) retains all right, title and interest in and to the Push Doctor name, the Services and any information, products, documentation, software or other materials used in relation to or made available via the Platform, along with any patent, copyright, trade secret, trade mark, service mark or other intellectual property right in any of the foregoing in any territory. You will not store, copy, modify, lease, loan, sell, distribute, transfer, display, reverse engineer, reverse assemble or otherwise attempt to discover any programming code or any source code used in or with the Platform (save to the extent required for you to make back-up copies of such software or arrange its inter-operability with other packages). You acknowledge that violations (as determined at Push Doctor’s sole discretion) of these intellectual property protections may lead to formal legal action. Save as set out in these Terms and Conditions you have no right to use any of the intellectual property rights associated with the Platform without the prior written consent of Push Doctor.
The Platform and the Services are designed for and intended for users in the United Kingdom only, unless exclusively specified by Push Doctor. Push Doctor makes no representation that the information and/or the services provided via the Platform are applicable to, appropriate for or available outside the United Kingdom. Accessing the Platform or Services from territories where any content and/or Services may be illegal is strictly prohibited.
Medical Disclaimers: Push Doctor makes no representation or warranty as to the content of any treatment response from any Practitioner; Practitioners are independent contractors and not employees of Push Doctor and any views expressed or advice provided by Practitioners is not necessarily endorsed by Push Doctor. Practitioners are solely responsible for all information provided and/or advice given via the Platform. Push Doctor does not guarantee that a video/chat/picture message consultation is a Customer’s best course of accessing advice or obtaining treatment for a Customer’s particular health care concern or medical issue. Push Doctor does not guarantee that a video/chat/picture message consultation is the most appropriate assessment channel or consultation venue for any Customer and Push Doctor is not a substitute for a Customer's primary care provider. Content Disclaimers: No information whatsoever or howsoever found on or via this Platform (other than advice provided personally by a Practitioner in a consultation) should be relied on as medical advice, professional or otherwise. Nothing contained on this Platform should be construed, directly or indirectly, as the practice of medicine by Push Doctor, which only arranges the service of connecting you to a Customer.Push Doctor makes no warranties or representations as to the accuracy of articles and other material published on the Platform, which are intended as general educational material, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such material. Practitioners should always follow the GMC's ‘Good Medical Practice’ guidance when consulting with Customers. General Disclaimers: We do not guarantee that the Platform will be secure or free from bugs or viruses.You are responsible for configuring your information technology and computer programmes in order to access the Platform. You should use your own virus protection software.Push Doctor MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE PUSH DOCTOR PLATFORM OR SERVICES.Push Doctor does not endorse the promotions, products or services of any third parties, nor does it warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. Push Doctor does not assume any responsibility or liability for the accuracy of information contained on any third party web sites.
- Temporary Use License Granted
Push Doctor makes no warranty that the Platform or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. Push Doctor is not responsible for transmission errors or any corruption or compromise of data caused by the actions or omissions on or on behalf of internet service providers, mobile communications networks or any other third party connection provider.Push Doctor will take all reasonable precautions to protect against failure of its equipment and software and will perform regular back-ups of all data stored. You acknowledge and agree that in the event restoration of data from back-up is necessary, it may take several days to complete such restoration of data and resume operation of the Platform and/or the Services, in which circumstances any booked Sessions shall be deemed “disrupted” (see clause 24).
You will only use the Platform to consult with Customers when you are fully insured or indemnified to do so, including holding valid, appropriate professional indemnity, public liability, professional liability and medical malpractice insurance that appropriately covers the activities and services you oﬀer/perform via the Platform and your obligations set forth in these Terms and Conditions. All Practitioners must provide us with Medical Defence Organisation (“MDO”) cover, validated in certificate form and covering “remote prescribing” and “online consultations”. No individual may provide services via the Platform without this specific cover from their relevant MDO. You must NOT do anything that invalidates or adversely aﬀects the validity of any such insurance cover or indemnity arrangement, or any other insurance agreement or indemnity arrangement that you are required to hold in order to meet your legal or regulatory obligations.You shall have personal liability for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach of these Terms and Conditions, including any negligent or reckless act, omission or default in the provision of the Services and shall accordingly maintain in force during your engagement with Push Doctor the following comprehensive insurance cover:
- Service Reliability and Warranties
You shall ensure that these policies are taken out with reputable insurers or defence organisations acceptable to Push Doctor and that the level of cover and other terms of insurance or indemnity are acceptable to us. You shall on request supply us with copies of such policies and evidence that the relevant premiums have been paid.You shall notify the insurers of Push Doctor’s interest and shall cause the interest to be noted on the insurance policies.You shall comply with all terms and conditions of the insurance policies at all times. If cover under any policy lapses or is not renewed or is changed in any material way or if you are aware of any reason why the cover may lapse or not be renewed or be changed in any material way, you shall notify Push Doctor without delay.
You hereby indemnify Push Doctor, its agents, employees, oﬃcers, directors and owners, from and against all liabilities, claims, losses (including but not limited to goodwill payments to Customers), costs and expenses (including legal fees) suffered or incurred arising out of third party claims relating to or arising, directly or indirectly, out of: (i) your use of the Platform and/or the Services or any information posted on the Platform; (ii) your right or qualification to provide medical advice; (iii) any advice you provide via the Platform; (iv) your breach of these Terms and Conditions; (v) your relationship with any Customer or other Practitioner; and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of the Platform or in relation to the Services. Push Doctor may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments due to you.
EXCEPT AS PROHIBITED BY LAW, PUSH DOCTOR SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY PRACTITIONERS. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO CUSTOMERS, OTHER PRACTITIONERS, PUSH DOCTOR (INCLUDING ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. To the extent permitted by law, Push Doctor does not accept any liability:
- professional liability cover to a minimum value of £10,000,000.00 per claim;
- indemnity cover to a minimum value of £10,000,000.00 per claim;
- public liability cover to a minimum value of £10,000,000.00 per claim; and
- malpractice insurance cover to a minimum value of £10,000,000.00 per claim.
Subject to the remainder of this clause 21, Push Doctor’s liability to you, whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation or otherwise, shall in each claim or series of related claims be limited to an amount equivalent to the fees you have received from Push Doctor in the three (3) months preceding receipt of notification of any claim. To the extent certain jurisdictions restrict any of the above limitations of liability, such limitations shall not apply in such jurisdictions to the extent of such restrictions.
Your relationship with Push Doctor will be that of independent contractor and nothing in these Terms and Conditions shall render you an employee, worker, agent or partner of Push Doctor and you shall not hold yourself out as such.These terms and Conditions constitute a contract for the provision of services and not a contract of employment and accordingly you shall be fully responsible for and shall indemnify Push Doctor, its agents, employees, oﬃcers, directors and owners, for and in respect of:
- arising from the failure of IT equipment, software, any telecommunications infrastructure or the Internet;
- for reliance on any of the advice, ideas, information, instructions or guidelines accessed through the platform or the Services;
- for any advice Practitioners may provide;
- for any loss of profit;
- for any loss of income or earnings;
- for any loss of business or loss of anticipated business; or
- for any indirect, special or consequential losses.
Push Doctor may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments due to you.
- any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Services, where the recovery is not prohibited by law. You shall further indemnify such parties against all reasonable costs, expenses and any penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim (other than where the latter arise out of Push Doctor’s negligence or wilful default);
- any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) you may bring (or that may be brought on your behalf) against Push Doctor arising out of or in connection with the provision of the Services.
- Termination and Survival:
the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination (including but not limited to data security, intellectual property, limitation of liability and applicable laws), shall not be affected or prejudiced.
PUSH DOCTOR MAKES NO OFFER OF EMPLOYMENT OR ENGAGEMENT AS A WORKER (IMPLIED OR OTHERWISE) AND YOU ACCEPT AND AGREE THAT YOU ARE AN INDEPENDENT CONTRACTOR AND SOLELY RESPONSIBLE FOR ANY TAXES THAT ARE OR BECOME APPLICABLE AS A RESULT OF YOUR USE OF THE PLATFORM OR PROVISION OF SERVICES VIA THE PLATFORM.AGENCY INTRODUCTIONSFor any Practitioners introduced to Push Doctor via an Agency (being a recruitment company that has provided your details to Push Doctor), Push Doctor will: (a) pay you at the rates you have agreed with the relevant Agency; and (b) pay the Agency its commission directly. If you have an agreement with an Agency and wish to cancel that agreement or amend its terms you must do so directly with the Agency and NOT with Push Doctor. You hereby accept and agree that, regardless of any dispute you might have with any Agency, Push Doctor reserves the right at its sole discretion (and without liability) to deny your access to the Platform in the event it cannot agree terms of engagement with the Agency in question.NON-AGENCY INTRODUCTIONSAll rates of pay herein provided for Practitioners are inclusive of any and all applicable taxes, for which Practitioners themselves remain liable.Push Doctor operates two earning models for Practitioners:
- all licences granted under these Terms and Conditions shall immediately terminate;
- each party shall return and make no further use of any equipment, property, materials, Confidential Information (see further clause 8) and other items (and all copies of them) belonging to the other party; and
By default when using the Platform you shall be operating and providing the Services using the Pay by Appointment model (Earning Model One (1)) and you will only receive payment for successfully-completed consultations that you have performed. When you are delivering the Services under Earning Model One (1) you understand and agree that your remuneration shall be calculated and governed exclusively in accordance with the following rates, calculations and rules:
- Pay by Appointment (Earning Model One (1)).
For successfully-complete consultations (being all sessions commenced with Customers that are not DISRUPTED CONSULTATION (see below) and without prejudice to the fact that Customers may choose to leave any Session early), you will receive the following fees:
A session (the first 10 minute block) - £10
A session extension - £10
Push Doctor will pay you within 30 days of the end of the month in which you have provided such Services and you will be required to provide invoices for all fees direct to Push Doctor where you are not managed by an Agency who shall do this on your behalf..For clarity, the price a Customer pays for a Session, session extension, prescription, letter or sick note and the amount we pay you for the same are not linked and prices and fees are at the sole discretion of Push Doctor and are subject to change from time to time.Push Doctor reserves the right at its sole discretion to amend (including but not limited to reducing, increasing, withdrawing or extending) the Services it oﬀers, the Practitioner fees and payment terms by providing you with 7 working days’ written notice of such a change. If you disagree with any such amendment you may give immediate written notice of termination of your engagement.Push Doctor (at its sole discretion) may determine a Session to have been disrupted, which may include interruptions due to Push Doctor’s suspension of the Platform at the time of the Session, a Practitioner ending a Session because the Customer is known to them or a connection being of insufficient quality (Disrupted Consultation). In such circumstances Push Doctor will ‘stop the clock’ on that Session and any remaining portion of that 10 minutes will be available to the Customer once the connection is re-established. If a connection cannot be re-established within 10 minutes Push Doctor will automatically credit the Customer’s Account with any unused session minutes.In the event of a Disrupted Consultation, the pay calculation for Practitioners shall differ from the standard calculation. Practitioners payments and/or earnings for Disrupted Consultations shall without exception, subject exclusively to the determinations from time to time of Push Doctor, be determined as follows:The total Practitioner Fees for Sessions in the Consultation (excluding Practitioner Fees for prescriptions, letters (of any kind), sick notes and/or any other additional services/products provided during the consultation) becoming due as a result of the consultation and any Sessions contained within it, shall be distributed according to the individual Practitioner's percentage of the Used Minutes (Used Minutes = minutes of a session in a consultation where a Practitioner was actually in conference directly with a Patent and not those billed for, but where a Practitioner was not in direct conference with a Patent) when calculated in context with the other Practitioners who contributed during any session in the Disrupted Consultation.
- Underwritten Hours Model (Earning Model Two (2)).
You must be invited (at Push Doctor’s sole discretion from time to time) to participate and beneﬁt from the underwritten hours model. If you are invited to operate on earning model two (2) programme then you will submit committed hours to Push Doctor for approval. These committed hours, if approved by Push Doctor in writing, shall be added to the Push Doctor system, reviewed on a weekly basis and known from time to time as Underwritten Hours. If Push Doctor wishes to change these hours in any way after such initial approval it shall notify you in writing and, unless Push Doctor within five (5) days of contacting you receives a written response from you objecting to such change, the proposed change shall be deemed to take effect as of the date stated by Push Doctor in its notice to you. If you do not agree to any such change you will be removed from the underwritten hours system and any Services you provide after the date stated in Push Doctor’s notice to you shall be on the basis of earning model one (1).
If you are operating on the underwritten hours system your Underwritten Hours shall appear in your Account and you must dedicate such times exclusively to providing Services via the Platform, agreeing to arrive in good time for the start of the Underwritten Hours and to ﬁnish (log‐oﬀ) once the end of the Underwritten Hours has occurred (or, if later, the end of the last Consultation you started during the Underwritten Hours). During your Underwritten Hours you shall make yourself fully available to consult with Customers via the Platform, regardless of whether Customers are awaiting such Services or not, which means you must be logged in to the Platform, not on-call for any other commitments you may have and be ready to see patients for the full period of the Underwritten Hours.
If your committed hours have been accepted by Push Doctor and become Underwritten Hours, then Push Doctor shall underwrite your earnings for such hours at the rates agreed during your on-boarding process.
For clarity when operating on Underwritten Rates you shall not receive any additional monies as a result of consultations you do or do not enter and/or prescriptions, referral letters, ﬁt notes or any other additional services you may provide via the Platform during these Underwritten Hours. These hourly rates constitute your full payment in respect of such Services.
In consideration of your being duly available, logged on and ready to consult via the Platform during the Underwritten Hours, Push Doctor will pay you within 30 days of the end of the month in which you have provided such Services. You acknowledge that payment is subject to Push Doctor’s approval of the hours you have been duly available and during which Push Doctor, acting reasonably, agrees that you have arrived on time, been online at all times and available to see Customers, and/or in consultation with Customers, have not exited early (before the end of your Underwritten Hours) and have performed the Services to the our reasonable satisfaction (which shall be in part determined by the Customer feedback ratings).
You accept and agree that in the event of any cancellation Push Doctor may deduct pay at the following rates from your next timesheet. Failure to attend a booked session will result in a full deduction of the given sessions pay, this is also the case for a cancellation made less than 48 hours before the confirmed session. In the event of a cancellation within 72-48 hours 50% pay will be deducted from your next timesheet for that session. Late attendance for a booked session will see a 100% deduction for the part of the session missed. You accept that is a fair and reasonable charge and in fact does not take into account the loss in brand value that such a failure to attend appointment times causes Push Doctor amongst its customer base, clientele and the general public whose reputation view of the Push Doctor brand may be adversley affected.
You accept and agree that the operation of Earning Model Two (2) is at Push Doctor’s sole discretion and that Push Doctor may at its sole discretion determine which Practitioners, if any, receive access to Earning Model Two (2).
You accept and agree that Push Doctor reserves the right to remove or vary any or all of its earnings models at its sole direction, on advance notice to you.
For ANY Services, where refunds are provided:
We reserve the right to share cost of any refund with you in the event that we are refunding or crediting an amount to a Customer due in whole or in part to your actions or omissions, and should any complaint be based solely on your actions or omissions you shall be liable for the full amount of such refund, as well as any costs incurred by Push Doctor in resolving such complaint (including any goodwill payment made to the Customer). Any such amounts may be deducted from amounts otherwise due to you pursuant to clause 20.
Push Doctor will pre-authorise a Customer’s payment method in order to ensure that the Customer can pay for the Services requested. In the event that pre-authorisation fails, you are advised to let the Customer know their use of the Services is about to end and provide them with safety netting information. In the event that a Customer is successfully pre-authorised but there is an issue in collecting the funds owed by that Customer, you hereby authorise Push Doctor to extend its payment terms to you in respect of the fee for the relevant Service, which fee shall become payable without undue delay when Push Doctor receives the cleared funds from the Customer in question.
Any and all fees due to Practitioners will be paid to the holder of your Account using the payment details therein provided. You are solely responsible for ensuring such details are correct at all times and Push Doctor accepts no liability for any lost income as a result of incorrect payment details being provided.
You acknowledge that, as described above, Push Doctor reserves the right to vary or extend its payment terms to you in certain circumstances. If any payment has not been made within seven (7) days of its due date for payment (as set out herein or as otherwise notified to you by Push Doctor), such unpaid balance due to you from Push Doctor shall accrue at a rate of 3% per annum above HSBC’s lending rate from time to time, which the parties hereby agree shall constitute a substantial remedy in the circumstances.
You understand that your Account may be suspended or cancelled if your Account details are not valid or up-to-date (as determined by Push Doctor). Failure by you to provide Push Doctor with valid payment Information may result in reasonable administration charges being levied by Push Doctor against your Account for administrative work in resolving such problems.
Push Doctor makes payment by electronic bank transfer only to UK-based accounts, which can and have been validated by Push Doctor.
Push Doctor does not GUARANTEE Customers’ availability:
You accept that under no circumstances does your registration on, logging in to or use of the Platform in any way constitute a warranty by Push Doctor that we will provide you with access to Customers at any given time, or that we guarantee any minimum volume of Customers from time to time. Accordingly, Push Doctor does not guarantee any level of earnings in connection with your use of the Platform.
You accept that Push Doctor is under no obligation whatsoever to market its Platform in any territory for any given time period or using any marketing methods. If Push Doctor does market the Platform there is no guarantee that such activity will be successful in attracting Customers.
This clause refers to situations in which Customers seek consultations to start as soon as possible, not where Sessions are booked in advance.
- Push Doctor waiting time & other time estimates:
The waiting time and all other time estimates provided and/or published on the Platform are based on our system’s best estimates having reviewed live activity and usage statistics and you accept that the waiting time and all other time estimates do not guarantee provision of the Services, or that a connection with a Customer will be made within certain parameters, within a given time period or at all. Practitioners accept that Push Doctor will not (save pursuant to Earning Model Two) make payment in respect of waiting times and shall not be liable for any other time estimates being inaccurate.
Session times are provided as a guide only and do not guarantee that provision of the Services, or a connection with a Customer, will be made within certain parameters or at all.
Notwithstanding anything herein to the contrary, Push Doctor shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations hereunder if such delay or failure results from circumstances or causes beyond its reasonable control, including but not limited to any act of God; act of governmental authority; act of public enemy; war; severe weather conditions; breakdown or failure of third party network or communications equipment. If the period of delay or non-performance continues for four (4) weeks, either party may terminate this agreement by giving no less than seven (7) days’ written notice to the other party.
Unless expressly stated in these Terms and Conditions (which shall include, without limitation, the right of Push Doctor’s Directors, employees, shareholders and agents to be indemnified in specified circumstances), nothing herein is intended to confer any rights or remedies under on any persons other than you and Push Doctor and no third party shall be entitled to enforce any terms hereunder.
You may not assign, transfer or delegate any rights or obligations pursuant to these Terms and Conditions or any part of them without Push Doctor's prior written consent. Push Doctor may freely transfer, assign or delegate all or any part of these Terms and Conditions and any rights and duties hereunder. These Terms and Conditions will be binding upon and inure to the beneﬁt of the heirs, successors and permitted assignees of the parties.
These Terms and Conditions shall be governed by and construed exclusively in accordance with the laws of England, without giving eﬀect to any choice of law rules or principles. Any claim arising out of or relating to these Terms and Conditions shall be brought in the Courts of England and each party hereby consents to the this jurisdiction.
- Governing Law & Jurisdiction:
Any cause of action or claim you may have against Push Doctor must be commenced within one (1) year after the cause of action arises or, if later, when you ought reasonably to have become aware of the cause of action, except to the extent such limitation is not enforceable.
The provisions of these Terms and Conditions are severable and in the event any provision or part-provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not aﬀect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable, otherwise it shall be deemed deleted.
Push Doctor may provide notice by email to the email address held in your Account from time to time, by a general notice on the Platform or by written communication delivered by ﬁrst class post to your address on record in your Account. You may give notice to Push Doctor at any time, just Contact Us or submit by letter which should be delivered by 'recorded delivery' to Customer Services Department, Push Doctor Limited, 4th Floor, Queens Chambers, 5 John Dalton Street, Manchester M2 6ET.
These Terms and Conditions, together with any Push Doctor rules or policies from time to time referred to herein, represent the entire agreement between you and Push Doctor concerning the subject matter hereof and supersede all prior understandings, whether written or oral, concerning such subject matter. Push Doctor may modify these Terms and Conditions pursuant to clause 4.
Push Doctor welcomes suggestions and submissions by Practitioners. Please Contact Us.
Please note that by sending us ideas, artwork, computer code or creative materials you hereby assign all copyright and other intellectual property rights in such materials to Push Doctor; you also waive your moral rights in respect of the same. Push Doctor shall have the right to use any such creative materials (or developments arising in relation to such materials) for any lawful purpose, including but not limited to reproduction, disclosure and publishing, without any compensation to you.
The rights in this clause do not apply to any personal information held in your Account.