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This is our CURRENT policy and was Last Revised on the 29/06/2018. For further information on our policies please Contact Us.
By using Push Doctor, including this Website (https://www.PushDoctor.co.uk) and our mobile and tablet applications (together, the “Platform”), you accept these terms and conditions in full, along with all other rules, policies and procedures that may be published by Push Doctor on the Platform or otherwise communicated to you from time to time by Push Doctor (together, the “Terms & Conditions”).
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 CANCEL ANY APPOINTMENT 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.
Push Doctor is NOT to be used in an EMERGENCY situation
IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 999 OR SEEK ALTERNATIVE EMERGENCY MEDICAL SERVICES.
YOU SHOULD CALL 999 in a critical or life-threatening situation, such as if someone has:
The Platform is owned and operated by Push
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
Push Doctor enables individuals in the United Kingdom (“Customer”, “Customers”, “you”, “your”, “yourself”) 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-
Push Doctor may vary charges for any Services at any time, and changes will be notified to you in accordance with these Terms and Conditions.
You expressly understand, accept and agree that when using the Platform the Practitioners are independent medical professionals that are individually responsible for the medical advice they offer to you via the Platform.
By using the Platform you understand and accept that the Services are not the same those provided by the NHS or your NHS GP surgery (if you are registered with an NHS Surgery). Push Doctor is a connective Platform that enables Customers to consult with Practitioners on a private and self-pay basis from time to time. Push Doctor will automatically share your medical information with your NHS GP unless you opt out of this part of the Service; we automatically opt you in to comply with the requirements of the GMC. You will be presented with your options regarding medical record sharing before you start your first consultation on the Platform and the choice to share your medical records is entirely yours.
Push Doctor does not offer a prescription provision or
Push Doctor will make all reasonable
Operating Systems and Browsers
INTERNET CONNECTION SPEEDS
To use Push Doctor you are required to have an active Internet connection with 1mbps of available bandwidth, for the best quality connection we recommend a minimum of 3mbps available bandwidth.
Although 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; prevent certain Practitioners from using 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.
Consultation times are subject to change and are only made available to Customers at the sole discretion of Push Doctor. If you require medical advice and Push Doctor is inaccessible or there are no appointments available to suit you; you miss an appointment you have made or start a connection that fails; or attend an appointment that has been cancelled or when a Practitioner is not available, you understand and agree that it is your sole responsibility to seek appropriate alternative medical advice from alternative service providers, which may include the NHS or your GP practice if you are registered with one.
Furthermore, Push Doctor and the Practitioners are not responsible for any legal prescriptions provided to you that legal UK Pharmacies refuse to dispense. You accept that it remains an individual Pharmacist’s right to refuse to
2. INFORMATION YOU PROVIDE
You accept and agree that any medical advice offered and/or diagnosis provided by a Practitioner is based on your recall and description of the symptoms affecting you and/or by reliance on personal health data that you
You warrant without exception that any information you provide is honest, legitimate and an accurate representation of your situation as you see it. With regard to
You understand and accept that you may choose to give access only to certain portions of your medical information, but that by doing so this may interfere with the care you receive from Practitioners and/or your care generally.
You understand and agree that you may NOT under any circumstances amend, alter or tamper with the contents of any documents created on the Platform and/or issued to you via the Platform.
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.
You are obliged to advise us of the following as soon as reasonably possible:
3. GPs YOU MAY KNOW
It is not our intention to connect Customers with Practitioners who are also working at the NHS GP practice where the Customer may currently be registered. We will use some of the information that you have provided to create connection filters and blockers but in the unlikely event that you are connected with a Practitioner you know or recognise to be a GP working at an NHS practice at which you are registered, you accept and agree immediately to inform the Practitioner you know them and to ask them to “disrupt” your connection (see clause 30). The Practitioner is able to disrupt your connection to them and you will be given credits enabling you to use the funds you have committed to
4. SERVICES
CONSULTATIONS
We charge for consultations in 10-MINUTE BLOCKS, which we call Sessions. You understand and accept that you may only ever purchase a complete Session and not individual minutes and that using one (1) second of time in a Session is the same as using all of it, so you will be charged accordingly. You agree and accept that you will not be entitled to any rebate, refund or compensation as a result of your not using the full length of time available in a Session, nor shall you be due any rebate, refund or compensation of any kind if you fail to prevent the start of a new Session (as explained below) by exiting the video-surgery using the EXIT button provided. You accept that the EXIT button provided by Push Doctor on the Platform is clearly-placed, appropriately-signposted and understood by you to be used to EXIT and prevent charges when you so require.
A consultation is made up of single or multiple Sessions, as
If you EXIT a consultation you accept this may prevent you from receiving some of the Services and you agree and understand that this is your
Subject to availability, you can choose to book a number of Sessions in advance, which we refer to as an Appointment. After you have requested an Appointment you will be sent written confirmation of the Appointment in the form of an email; if you do not receive such confirmation within 24 hours of requesting your Appointment (or, if sooner, within 4 hours of the start of your intended Appointment) please Contact Us to check we have received your booking request.
Push Doctor will advise you by email as soon as possible if it has to amend, change or cancel any Session that you have booked.
PRESCRIPTIONS:
You understand and accept there is no guarantee whatsoever that you will be issued or provided with a prescription for any medication and acknowledge that the issuing of any prescription is at the sole discretion of the consulting Practitioner, subject to the limitations applied by Push Doctor’s medical team from time to time.
You will be charged the current costs for a prescription, which may contain no more than the maximum (7) number of medical items. If you agree with your Practitioner you need more than the maximum number of medical items and the Practitioner is willing to write you multiple prescriptions you will be required to purchase multiple prescriptions up to the number you require.
The prescriptions available via Push Doctor are private prescriptions only (not NHS prescriptions). You accept that private prescriptions are fulfilled at a charge, unique to the fulfilling pharmacy, which is not under the control of Push Doctor or the Practitioners. It is your choice as to whether you have any prescription fulfilled and at what cost. Any reference to a ‘prescription’ shall be deemed to apply to repeat prescriptions where applicable.
Any prescription that you receive via the Push Doctor platform is only valid for use at legal UK pharmacies. You understand and agree that any prescriptions you acquire via the Platform are solely for your personal use. Furthermore, you agree carefully to read all information provided to you and to follow the instructions provided by the Practitioner(s), on the prescription(s) itself (the label applied by the pharmacy) or otherwise, prior to taking any of the prescribed medicines. You also hereby agree to contact a Practitioner, another doctor or a pharmacist if you have any questions or do not fully understand the reasons you have been prescribed any medication or the instructions related to the medication.
Please be aware that Push Doctor’s medical team has restricted some of the medicines that Practitioners may prescribe on the Platform. There are certain medicines that will not be issued by Practitioners in any circumstances, which include:
You accept and agree that Push Doctor charges administration fees for every prescription issued via the Platform, as explained in Costs. You understand and agree that you must pay this fee prior to a prescription being created by a Practitioner and that once delivered to you this fee is non-refundable.
LETTERS (including but not limited to Referral Letters):
You will be charged the current fee (see Costs) for a Letter (including but not limited to referral letters), which may be no longer than six (6) A4 letter single-sided pages in length and subject to the spacing and layout requirements of Push Doctor at its sole discretion. If you agree with your Practitioner you need a longer letter and the Practitioner is willing to write this
By accepting this charge you confirm that you have read the above and accept that we can not be held responsible either financially or medically if your referral is declined. You also confirm that you have given a full and accurate history to your doctor and have not with held any information that you feel may be relevant to your referral or may affect the chance your referral may be accepted.
SICK NOTES
You will be charged the current Price for a sick note, which may be no longer than six (6) A4 Letter single-sided pages in length and subject to the spacing and layout requirements of Push Doctor at its sole discretion. If you agree with your Practitioner you need a longer sick note and the Practitioner is willing to write this longer sick note, you will be required to pay charges in respect of the equivalent number of standard sick notes.
PURCHASE OF PRESCRIPTIONS,
You may only purchase a prescription, letter or sick note during a live Session with a Practitioner. You will be asked, by way of a system message, to accept or decline the purchase, which will include an on-screen cost for the prescription, letter or sick note. If you accept by way of clicking/tapping the ACCEPT button we will take this as
If you click/tap ACCEPT and your card is declined you will not be able to purchase the prescription, letter or sick note; if you wish to make the purchase using another payment method, you accept that you will be required to provide new payment details in your Account following the consultation in question and then arrange a new consultation to discuss your situation with a Practitioner. You accept that there is NO guarantee or warranty that your next Practitioner will agree to provide the prescription, letter or sick note your previous Practitioner had proposed.
CONTENTS OF PRESCRIPTIONS,
You accept without question that each Practitioner, at its sole discretion, creates prescriptions, letters and sick notes via the Platform based on their own professional
DELIVERY OF PRESCRIPTIONS,
If you lose a prescription, letter or sick note a copy may be issued, subject to the prescribing Practitioner agreeing to re-issue the document. There is no guarantee that a Practitioner will agree to re-issue any document. In the event that the Practitioner re-issues your lost prescription, letter or sick note you will be charged in accordance with the current Cost for a “Copy”. In order to request a prescription, letter or sick note previously issued via the Platform to be re-issued please go to My Account or contact Customer Experience.
You may choose to receive your prescription, letter or sick note using the delivery services described below, which are charged at the relevant Costs at the time of selection and purchase. Once your prescription, letter or sick note has been created, it will be deemed to have been received by you within the time-frames explained below.
If you purchase a prescription, letter or sick note, we will deliver it to the address (email or postal address) that you have provided in your Account (My Account). You accept that it is entirely your responsibility to ensure that the contact details you provide are accurate and up-to-date.
DELIVERY BY EMAIL
The cost of delivering your prescription, letter or sick note, once only, by email is included in the relevant administration fee, as shown in our Costs.
You understand and agree that documents sent by email are deemed to have been sent to you once the Platform marks the email containing the document as “correct” and “sent”, including time and date stamping that prescription for Push Doctor’s records. Such records shall be accepted by you, without question, as proof that we have sent the document and fulfilled our obligation to provide the same.
You accept that Push Doctor is not responsible for the spam, junk or
Push Doctor enables access to documents delivered via email using a
If you do not Contact Us and inform us of an issue, we will deem documents by email to have been received by you within twenty-four (24) hours of us marking them as sent.
You must ensure that you forward, without attempted or actual alternation, the email you receive with the prescription attached to the pharmacy that you wish to have the medication fulfilled at. In this
DELIVERY BY FIRST CLASS POST
The cost of delivering your document to a UK mainland address, once only, by Royal Mail first class post is included in the relevant administration fee you pay, as shown in our Costs from time to time.
Your document will be posted, subject to its time of creation:
We send your documents as letters using Royal Mail first class post (or equivalent) and we cannot and do not guarantee a delivery time or expected delivery date. If you have not received your document within five (5) working days of it being shown as sent in your Account you should Contact Us.
If you do not Contact Us and inform us of an issue, we will deem documents sent by first class post to have been received by you within forty-eight (48) hours of us marking them as sent.
5. COSTS
If for any reason you are unable to
Any and all fees and charges incurred on an Account are the sole responsibility of the Account holder (being the individual whose details are held under the Account) and MUST be
You expressly hereby
You agree that any unpaid balance on your Account shall become due within seven (7) days of notifying you of any such balance, after which date the balance shall bear daily interest at the rate of 3% per annum above HSBC’s lending rate from time to time. The reasonable costs of collection, including any Court costs and reasonable legal costs, may be added as principal amounts to any such balance. If you think any charge is wrong please Contact Us promptly to let us know and we will not charge you interest on any disputed amounts until we have resolved the issue.
Push Doctor does not accept payment by insurers on your
PLEASE NOTE that failure by your credit or banking provider to enable Push Doctor to pre-authorise or clear payments is your sole responsibility and Push Doctor will still be owed the fees and charges incurred by you personally, which Push Doctor may take formal action to recover.
CONSULTATION COSTS
An Initial Session (the first one of any consultation) with a Practitioner will last ten (10) minutes in length and costs £30 (GBP).
You can purchase Additional Sessions to extend the Initial Session, which will last no longer than ten (10) minutes each, at a cost of £30 (GBP) per additional Session.
You can book an Appointment at the cost quoted to you from time to time, which is a calculation of one (1) x Initial Session plus the number of Additional Sessions that you decide to book and purchase. You may only purchase Additional Sessions when in consultation and these Additional Sessions may only be added to your Initial Session for the consultation that you are currently in, and cannot be booked in advance for an Initial Session in the
ADDITIONAL SERVICES
A prescription issued by a Practitioner on the Platform, including any repeat prescription, costs £8 (GBP), which shall include no more than seven (7) items. This cost includes one standard delivery but does not include the relevant pharmacist’s costs of dispensing the prescription.
Any letter or fit note (also sometimes referred to as a sick note) issued by a Practitioner on the Platform each costs £15 (GBP), which shall include no more than six (6) pages of content. This cost includes one standard delivery. Further copies of such letters shall cost £4.50 (GBP) (including one standard delivery).
Medical records and the electronic medical record information held about you on the Platform will be accessible
DELIVERY COSTS
Standard delivery means the items are either sent by email or sent by Royal Mail first class post (or equivalent) to UK mainland addresses only. Costs for other delivery methods will be provided on request.
Please note that it is your sole responsibility to ensure the address (whether email or postal) that you provide is correct as that is the address that Push Doctor will use.
CHARGES FOR CANCELLED OR MISSED SESSIONS
Please see clause 29 below.
6. PRACTITIONERS AND CHOICE
You may not choose the Practitioner to which you are connected unless Push Doctor provides these options to you on its Platform, which it may do from time to time at its sole discretion. Push Doctor does not make any guarantee whatsoever as to the availability of any single Practitioner at any time.
Push Doctor does not make any representation or give any warranties regarding the Practitioners’ training, qualifications or skill, although we do, as required by our regulator and UK law, make appropriate checks to ensure certain aspects of the Practitioner validity, such as their registration with the GMC and their right to practise in the UK.
7. YOUR PUSH DOCTOR ACCOUNT
In order to access the Platform and the Services you represent and warrant that you are at least eighteen (18) years of age and possess the legal right,
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
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In order to determine your compliance with these Terms and
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.
The CQC regulations stipulate that we may not consult with, triage or give medical advice to children or young persons under the age of 16 unless accompanied by a parent with a valid form photo ID (Passport or driving
8. SECURITY
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.
9. MODIFICATIONS TO TERMS AND CONDITIONS
Please print and keep a copy of these Terms and Conditions. Push Doctor reserves the right to modify the Terms and Conditions periodically, for any reason. We will post a copy of the updated Terms and Conditions 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 footer of the website or the “More Information” section of the mobile application. Any new version of these Terms and Conditions
10. ELECTRONIC MEDICAL RECORDS
Your Push Doctor electronic medical record (EMR) is created for you to document (by way of consultation with a Practitioner only), store and access your personal health information online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Practitioner to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable UK law. Any information provided as part of a consultation (which may be made up of video, chat messages, pictures exchanged or snapped) becomes part of your EMR when attached to the records by your Practitioner. If you want a particular detail added to your EMR it is your responsibility to express this view to your Practitioner whilst in consultation. For additional information regarding
It is your responsibility to confirm any information during a consultation with a Practitioner so as to ensure the accuracy of your Push Doctor EMR. Push Doctor is not responsible for maintaining a complete record of all data arising from
If you would like a copy of your Push Doctor EMR you can download it for free by logging into your Account and ‘Releasing Your Notes’. We recommend that all Customers do this periodically so that they can share this information with other medical service providers and medical insurers.
11. INFORMATION RESOURCES (OPT-IN)
By registering on the Platform and then providing "opt-in" consent to non-essential marketing, you are agreeing to the receipt of offers, promotions, surveys, 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.
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 for you.
If you do not wish to receive such communications, you may opt-out at any time by going to Account and selecting My Details and "Preferences".
12. LIMITATIONS ON USE
You agree that you will not, and will not permit anyone else to:
a) use the Platform or Services in any unlawful way and/or for any unlawful purpose;
b) 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
c) allow another person or entity to use your Account, username or password;
d) market, promote or solicit the Services except as expressly permitted by these Terms and Conditions;
e) 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;
f) 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
g) harvest or collect data about any other individual who uses the Platform;
h) 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;
i) 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;
j) 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.
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,
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,
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,
13. OPERATIONAL FUNCTIONALITY
Push Doctor reserves complete discretion with respect to the operation of the Platform and Services and may alter, withdraw, suspend or discontinue any functionality or feature of the Platform and/or Services at any time. Push Doctor is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers.
Push Doctor reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Platform in accordance with its information policies from time to time including the Privacy Policy.
If Push Doctor needs to suspend access to the Platform at a time when you have booked a consultation it will notify you in advance (unless such suspension is for unforeseen purposes, such as for emergency maintenance) and arrange a new consultation time for you as soon as possible at no additional cost.
14. TEMPORARY USE LICENCE GRANTED
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
The Customer is 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) for its personal purposes only, the terms of which are set out in the end user licence agreement. Customers 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
15. LINKING
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
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.
16. INTELLECTUAL PROPERTY
With the exception of your EMR, 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,
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
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.
17. INTERNATIONAL USE
The Platform and the Services are designed for and intended for users in the United Kingdom
18. LEGAL NOTICES AND DISCLAIMERS
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 are not necessarily endorsed by Push Doctor. You and your Practitioner are solely responsible for all information provided and/or advice given via the Platform.
Always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns - and before starting, stopping or modifying any treatment or medication - even if you have already obtained medical advice via or read relevant material on the Platform.
Push Doctor does not guarantee that a video/chat/picture message consultation is the best course of accessing advice or indeed the appropriate course of treatment for your particular healthcare concern or medical issue. Furthermore, Push Doctor is not a substitute for your primary care provider. You agree to contact your GP immediately should your condition change or your symptoms worsen (if you are not registered with a UK doctor you agree to contact your local walk-in
Content Disclaimers: No information whatsoever or howsoever found on this Platform (other than advice provided 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 Practitioner. Should there be an issue with any of the medical services you receive from Practitioners via the Platform, you can Contact Us.
Push Doctor makes no warranties or representations as to the accuracy of articles and other material published on the Platform and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such material.
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.
You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of and comply with these Terms and Conditions.
Push Doctor MAKES NO REPRESENTATIONS OR WARRANTIES
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
19. SERVICE RELIABILITY AND WARRANTIES
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 carried over local or interchange telecommunication carriers.
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. The Customer acknowledges and agrees that in the event restoration of data from backup 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 30).
20. LIMITATION OF LIABILITY
If Push Doctor fails to comply with these Terms and Conditions, it is responsible for loss or damage you suffer that is a foreseeable result of it breaking this
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
We will not be liable to any Customer for any loss or damage, whether in contract, tort (including negligence), breach of statutory
Please note that we only provide the Platform for domestic and private use. You may not use the Platform or the Services for any commercial or business purposes; if you do use the Platform or the Services for any commercial purpose Push Doctor has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Push Doctor assumes no responsibility for the content of websites linked on the Platform. Such links should not be interpreted as
SUMMARY OF YOUR KEY LEGAL RIGHTS
This is a summary of your key legal rights. Nothing in these Terms and Conditions will affect your legal rights. For detailed information please visit the Citizens Advice website:www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
If you can show the fault in software supplied has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
21. TERMINATION AND SURVIVAL
OUR RIGHT TO TERMINATE
We may suspend or end the contract between us, terminating your right to use the Platform or the Services, if:
You must compensate us if you breach these Terms and Conditions. If this happens we may deduct from any refund due to you, or charge you, reasonable compensation for the net costs we will incur as a result of your breach.
Push Doctor may also terminate all access to the Platform or the Services at any time, without notice. In such circumstances, subject to you
Push Doctor will advise you of any termination via the contact email held as part of your Account.
YOUR RIGHT TO TERMINATE
You may cease using the Platform and/or have your Account suspended from usage/availability at any time. Provided you are not in breach of these Terms and Conditions you can Contact Us to arrange a refund of any credit on your Account, but we may deduct from that refund (or, if you have not made an advance payment, charge you) fees due to us in respect of Services provided and/or compensation for any net costs we will incur as a result of your ending the contract.
SURVIVAL
Upon termination of your Account for whatever reason, Push Doctor has the right to delete all data, files or other information relating to you that it stores or controls for any reason, subject to UK law concerning the keeping and maintenance of medical/patient records and also data protection and the secure destruction of personal data.
The following clauses shall continue to apply after termination of the contract between you and Push Doctor for any reason: Security (clause 8); Intellectual Property (clause 16); Limitation on Liability (clause 20); Privacy (clause 30); Applicable Law (clause 31); and any other provisions stated to continue or required to continue in relation to any outstanding matters.
22. DELIVERY OF SERVICES
STATUTORY 14-DAY “COOLING OFF” PERIOD
You have the option when opening your Account to waive your rights in relation to the 14-day “Cooling Off period” provided by consumer legislation, so we are able instantly to start providing the Services and/or securing time with a Practitioner in advance to ensure their availability. If you choose not to waive this right you acknowledge that Push Doctor will not provide any Services to you for the duration of the statutory “Cooling Off period”.
You agree that the provision of any Services is subject to your payment in full of any costs relating to consultation, administrative and/or delivery fees that you incur in relation to the Services pursuant to our Costs (also explained at www.PushDoctor.co.uk/pricing).
Push Doctor’s fees and charges do NOT include or cover any pharmacy fees and Push Doctor does not accept payment by insurers on your behalf at this
Any and all fees and charges, without exception, incurred on the Account are your responsibility as the Account Holder (If there is any question with regard to who is responsible for the fees and charges incurred, Push Doctor will refer to the details held under the Push Doctor Account Details and that individual shall have the legal responsibility for all fees and charges and no alternative position shall be acceptable to Push Doctor) and MUST be
You agree that any unpaid balance due hereunder shall immediately become overdue and bear daily interest at the rate of 10% per annum above HSBC’s lending
Push Doctor reserves the right to modify its Costs and/or pricing structure at any time, at its sole discretion and implement the new Costs and/or price structure at any time prior to billing you for payments due pursuant to these Terms and Conditions. You understand that the Platform and the Services may not be provided or consultations ended or
You expressly grant Push Doctor license to pre-authorise or charge any debit and/or credit cards in your Account before enabling the provision of the Services (including the confirmation of an appointment time and date has been allocated to you) and you accept that failure of our pre-authorisation or authorisation processes by you is likely to result in the Services not being provided to you.
23. ADDITIONAL SERVICES
We charge in accordance with our Costs for other services, including the following:
24. PRESCRIPTIONS
You will be charged the current Price for a prescription (a private prescription only), which may contain no more than the maximum (7) number of medical items. If you agree with your Practitioner that you need more than the maximum number of medical items and the Practitioner is willing to write you multiple prescriptions, you will be required to purchase multiple prescriptions up to the number you require.
To purchase a prescription, you must do this in-Consultation (during a live Session) with a Practitioner. This is the only means of purchasing a prescription on the Platform. You will be asked, by way of a system message, to accept or decline the purchase; which will include an onscreen quote.
25. LETTERS (INCLUDING BUT NOT LIMITED TO REFERRAL LETTERS)
You will be charged the current Price for a Letter (including but not limited to Referral Letters), which may be no longer than six (6) A4 Letter single-sided pages in length and subject to the spacing and layout requirements of Push Doctor at its sole discretion. If you agree with your Practitioner you need a letter that is longer than six (6) pages in length (single-sided) and the Practitioner is willing to write this
26. LETTER CONTENTS
To purchase a Letter, you must do this in-Consultation (during a live Session) with a Practitioner, this is the only means of purchasing a Letter on the Platform. You will be asked, by way of a system message, to Accept or Decline the purchase; which will include an onscreen quote.
27. SICK NOTES
You will be charged the current Price for a Sick Note, which may be no longer than six (6) A4 Letter single-sided pages in length and subject to the spacing and layout requirements of Push Doctor at its sole discretion. If you agree with your Practitioner that you need a Sick Note that is longer than six (6) pages in length (single-sided) and the Practitioner is willing to write this longer Sick Note for you, you will be required to purchase multiple Sick Notes up to the number you require to complete the Sick Note contents.
To purchase a Sick Note, you must do this in-Consultation (during a live Session) with a Practitioner, this is the only means of purchasing a Sick Note on the Platform. You will be asked, by way of a system message, to Accept or Decline the purchase; which will include an onscreen quote.
28. CONTENTS OF PRESCRIPTIONS,
You accept without question that qualified Practitioners are creating prescriptions, medical letters and sick notes on the Platform and the contents of these items
29. LATE ARRIVAL, CANCELLING
If you have booked a Session in advance via the Platform, you may arrive and enter the consultation that you have booked up until one (1) minute before the scheduled end time of that Session. For example, if you have a 10-minute Session booked at
You may cancel any booking you have made via the Platform by going to “My Account”, choosing “My Appointments” and then selecting the Session(s) that you would like to cancel, where you will be able to “CANCEL THIS APPOINTMENT”. If your cancellation is successful you will receive an email from Push Doctor to that effect and see an on-screen message confirming the cancellation; if you do not receive the cancellation email and see the on-screen message then you must either try again or Contact Us. You accept that Push Doctor is not responsible and will accept no liability for any costs, expenses or losses arising from your failure properly to cancel any consultation on the Platform. You accept that failure to cancel an appointment may lead to you being charged a cancellation fee (see below) and/or the full fee for the number of Sessions making up the Appointment that you failed to cancel, subject to Push Doctor’s sole discretion.
Missed appointments occur when either you or a Practitioner is not present in the video-surgery by the start time (as published by Push Doctor on the Platform) of a Session confirmed by Push Doctor (save that you may be up to nine (9) minutes late, as explained above)(Missed Appointment). In these instances you understand and agree that the following rules apply:
a) If you fail to attend your Session in time then you will be charged a cancellation fee of £20 (GBP) if you are a member, or £30 (GBP) if you booked a standard appointment, for each Missed Appointment. For example, if you had booked an Appointment comprising two (2) 10-minute Sessions and failed to attend, the cancellation fee would be. Please note that you can still cancel your appointment before its start time in order to benefit from FREE CANCELLATION (you will not be charged a cancellation fee if you cancel up to and including twenty-four (24) hours before the start time of the booked Session). If you cancel within twenty-four (24) hours you will be deemed to have missed your Session and you will be liable to pay the cancellation fee. You acknowledge that Push Doctor is
b) If a Missed Appointment occurs because a Practitioner did not attend your Session(s) in time then we will credit your Account with the charge for the unused Session and enable you to rebook the Session. You may use this credit on the Platform only after sixty-five (65) minutes from the relevant Missed Appointment’s scheduled end time, as determined by Push Doctor and the credit is non-transferrable. If you prefer to receive a refund to your card please Contact Us and we will arrange to make payment as soon as possible.
c) If a Missed Appointment occurs because neither you nor the Practitioner attended the booked appointment at the scheduled time, Push Doctor will treat this as though you have caused the Missed Appointment and charges will apply.
30. REFUNDS AND DISRUPTIONS
If your consultation is determined by Push Doctor (at its sole discretion) to have been disrupted, which terms shall include but not be limited to Push Doctor’s suspension of the Platform at the time of the Session, a Practitioner ending a Session at your request because you know them (Disrupted Consultation), Push Doctor will automatically credit your Account with any unused session minutes. You may use this credit on the Platform only after sixty-five (65) minutes following the disruption in question and the credit is non-transferrable. If you prefer to receive a refund to your card please Contact Us and we will arrange to make payment as soon as possible.
If you think you are
We do not provide refunds where Push Doctor is not at fault, such as in the following circumstances (which is NOT AN EXHAUSTIVE LIST but an indication only):
a) If you are unable to have a private prescription, legitimately and correctly provided via the Platform, fulfilled and/or the associated medication dispensed at a pharmacy of your choice for whatever reason.
31. MEMBERSHIP
You can use our Services in two different ways:
(1) Pay As You Go – where you choose to pay on a per appointment basis; and
(2) Member – where you choose to purchase an annual twelve (12) month subscription to our Services (“Membership”)
PAY AS YOU GO
Where you choose to Pay As You Go, you will be required to purchase Appointments on a per Appointment Basis. The cost of an Appointment is set out on the Website and may vary from time to time.
MEMBERSHIP
Where you can choose to purchase Membership, you will be required to pay an annual Membership fee. In return, you will be entitled to a discount on the total cost of each Appointment that you book with us and exclusive access to offers, discounts and other features that may be of interest to you. Further details about our Membership package (as may be varied from time to time) can be found on the Website.
We will try to process your Membership promptly, but we do not guarantee that your Membership will be activated by any specified time. By submitting your payment and other Membership details, you are making an offer to us to purchase Membership. Your offer will only be accepted by us and a contract formed when we have successfully verified your details and taken payment of the annual Membership fee or the first monthly payment (as applicable). You agree that your Membership will begin as soon as we send you the email confirming your Membership. We reserve the right to reject any offer in our discretion, for any or no reason.
MEMBERSHIP FEE AND PAYMENT TERMS
The amount of the Membership fee is as set out on our Website. The amount of the annual Membership fee may either be paid in one upfront lump sum payment (“annual fee”) for the entire year (“Membership Period”) or in twelve equal monthly payments (“monthly payments”) during the Membership Period.
You agree to pay the Membership fee at the rate notified to you at the time you take out your Membership. We may modify the price of any Membership fee from time to time, but any change to the Membership fee will not apply during your current Membership Period. We will always inform you by way of email if the Membership fee will be increased in your next renewal period and you can always choose not to renew your Membership at the end of your current Membership Period.
Where you choose to make monthly payments, each monthly payment will automatically be charged to your nominated debit or credit card without notification each month during the Membership Period.
In the event that any payment cannot be taken from your nominated debit or credit card, we have the right to suspend your Membership until the relevant payment has been received and the payment terms set out in clause 5 will apply. In the event of a failed payment, a reminder will be sent to you via the email address that you gave to us at the time of registration. We will attempt to take the relevant payment 24 hours after the reminder email and if it fails again, another reminder email will be sent to you. A third and final reminder email will be sent to you 24 hours after this and if payment fails for a third time, your Membership will be cancelled.
RENEWALS
Your Membership will automatically renew at the end of each Membership Period for a further twelve (12) month period. We will send you a reminder by email a reasonable time prior to the end of your current Membership Period and will give you an opportunity to tell us (no later than 30 days before your current Membership Period is due to expire) if you do not want your Membership to automatically renew. Also, you can turn off automatic renewal at any time (so long as this is no later than 30 days before your current Membership Period is due to expire), through your account on the Website.
If you do not turn off automatic renewal or otherwise notify us that you do not want your Membership to be renewed in accordance with the above clause, we will automatically renew your Membership at the end of the Membership Period. Upon renewal, we will charge the then current Membership fee using the same card or other payment method that you previously used. Unless you tell us otherwise no later than 30 days before your current Membership is due to expire, we will assume that you want to pay for your renewed Membership fee in the same way that you have paid previously (i.e. annual fee or monthly payments) and we will take payment accordingly.
STATUTORY 14 DAY “COOLING-OFF” PERIOD
Where you purchase services online, you have a statutory right to cancel your order within fourteen (14) days after the day on which the contract is entered into (“Cooling-Off Period”) without giving any reason.
By registering for Membership, you are agreeing that we can start to provide the benefits of the Membership services (including your entitlement to discounted Appointments) to you during the Cooling-Off Period.
If you cancel during the Cooling-Off Period and you have not booked any Appointments at the time of your cancellation, then we will give you a full refund of the annual fee or monthly payment (as applicable) that you have paid.
If you cancel during the Cooling-Off Period and you have booked/received Appointments at the time of your cancellation, then you will be required to pay for the services that you have received up to the date of cancellation. As such:
(i) we will give you a full refund of the annual fee or monthly payment (as applicable) that you have paid; but
(ii) you will be obliged to pay for the Appointments you have booked/received up to the date of cancellation and you will be charged for such Appointments at the standard Pay As You Go rate (as set out on the Website). We reserve the right to set off any amount payable to us in respect of such Appointments against any refund that we are due to make under paragraph (i) above. You acknowledge and agree that we shall be entitled to take payment (from your nominated debit or credit card) for the total amount of any outstanding fees which are due in respect of any Appointments under this paragraph (ii).
OTHER CANCELLATION RIGHTS
Subject to your statutory rights (as described above), you can cancel your Membership at any time during the Membership Period, but (after the Cooling-Off Period) you will not be entitled to a refund of the Membership fee (annual fee or monthly payments). If you cancel your Membership during a current Membership Period and you are making monthly payments, we shall be entitled to take payment (from your nominated debit or credit card) for the total amount of any outstanding monthly payments which are due in respect of the remaining Membership Period (up to a total of the applicable Membership fee for the relevant year).
Nothing in this section affects your legal rights.
If you would like to cancel your Membership, please visit our helpful FAQs where instructions on cancellation can be found, as well as links to other helpful topics.
FAIR USAGE POLICY
Each Appointment should be limited to 20 minutes (i.e. one 10 minute Appointment plus one 10 minute Additional Session).
Our Fair Usage Policy is designed to prevent fraud, abuse of memberships and to ensure that everyone who wishes to use our Service is able to access a UK doctor as fast as possible. Once your Appointment goes over 20 minutes, we reserve the right to charge you our standard consultation charges on the Pay As You Go rates as published on the Website. We also reserve the right to cancel your Membership at our sole discretion should you use our Services for any unlawful, prohibited or unusual activities, including but not limited to commercial use of our Services.
Any actions contrary to the Fair Usage Policy or these Terms and Conditions may lead to your Membership being suspended or our relationship with you being terminated. Where we consider it reasonable, we may provide you with a notice of improper behaviour before suspending, terminating or offering an alternative membership, as we deem appropriate. We shall not be obliged to make any refund of any Membership fees paid by you (annual fee or monthly payments, as applicable) if we terminate your Membership in such circumstances. If you are making monthly payments, we shall be entitled to take payment (from your nominated debit or credit card) for the total amount of any outstanding monthly payments which are due in respect of the remaining Membership Period (up to a total of the applicable Membership fee).
31A. PREMIUM MEMBERSHIP AND FAIR USAGE POLICY
Note that we are no longer offering our Premium Membership to new customers. This clause will apply to existing Premium Membership customers only until [1 September 2018], on which date our Premium Membership will be withdrawn.
Premium membership costs £20 per month.
To ensure that everyone has fast access to a UK GP on our network, we operate this Fair Usage Policy for our premium members who get some amazing benefits.
Included in your annual membership plan are all video-consultation sessions on our platform for the period you have a valid membership only. Video-consultation sessions are ten (10) minutes in length when purchased and usage of one (1) minute is the same as usage of ten (10) minutes of a session without exception.
Your premium membership includes the following items, which are available in consultation on our platform only:
You may have up to one (1) of each of these items per consultation only, please note that copies are not included.
CANCELLING YOUR PREMIUM MEMBERSHIP
You can cancel your premium membership at any time.
We allocate an amount of consultation time to you each month and if you choose to cancel your membership in any given month we will calculate the pro-rata number of consultations that you have been allocated (rounding up) and match this to the number that you have used. We know that the average person in the UK visits a GP for advice six times a year and therefore we believe fair usage of our service is twelve consultations per annum. We allocate twelve consultations to you for the twelve-month period and therefore we calculate that each month your allocated use is 8.33% of the annually allotted number of consultations.
Upon the day you cancel, we will calculate the difference between your allotted amount of consultation time and your consultation usage. If you have used less than your allocated consultation time then you will only be billed up until your cancellation date. If you have used more than your allocated pro-rata consultation time then you will be billed for your usage pro-rata, with 100% usage being the total value of your 12 month subscription. Please note that missed consultations contribute to usage time and will be counted.
Our Fair Usage Policy is designed to prevent fraud, abuse of memberships and to ensure that everyone who wishes to use our service is able to access a UK doctor as fast as possible and therefore the total number of consultation sessions including missed appointments is restricted to twelve per annum. Once your consultation sessions breach twelve per annum, we reserve the right to charge you our standard consultation charges on the Push Doctor Go rates as published on our website www.PushDoctor.co.uk. We also reserve the right to cancel your membership at our sole discretion should you use our services for any unlawful, prohibited or unusual activities, including but not limited to commercial use of our services.
Any actions contrary to the Fair Usage Policy or our Terms and Conditions may lead to your membership being suspended or our relationship with you being terminated. Where we consider it reasonable, we may provide you with a notice of improper behavior before suspending, terminating or offering an alternative membership, as we deem appropriate.
If you would like to cancel your membership, please visit our helpful FAQs where instructions on cancellation can be found, as well as links to other helpful topics.
32. PUSH DOCTOR FIRST CONSULTATION SESSION OFFER (£30 FOR THE INITIAL 10 MINUTES)
New customers (as defined by Push Doctor as those customers who have not consulted on the platform) may benefit from the special offer enabling them to purchase their initial consultation session, using Push Doctor Go for just £30. This session will last no more than 10 minutes without exception and the length of the consultation is exclusively calculated by Push Doctor and made visible by way of notification on screen to the consumer during the consultation itself, without question whatsoever.
Once a consultation session has been activated, no refunds pro-rata shall be applied, using 30 seconds of the consultation session time (10 minutes) shall be the same as using the full 10 minutes of the consultation session.
Customers are not entitled to claim the £30 first consultation session offer for anything but their verifiable (by Push Doctor only) first consultation on the Push Doctor platform and mobile apps only. Not for commercial use and only for UK residents.
This offer is not redeemable anywhere but on PushDoctor.co.uk or the Push Doctor mobile app.
You must have a compatible Internet connected device to use the service.
The retail price of this initial session is as per the costs presented on the Costs page of the PushDoctor.co.uk website.
This First Consultation Session Offer may not be exchanged for other goods or services or applied in any other way and is valid for UK residents only.
Anyone who is not a new customer may not apply for or receive the benefit of the Push Doctor First Consultation Session Offer. Only one per person. Not alternatives available. Cash value of the £30 session is £0.0000000000000000001. A verifiably unique to the customer mobile number and email is required to participate and receive the offer. All other Terms apply. Your statutory rights are not affected.
This £30 offer cannot be used in conjunction with any other offer, promotion, promotional price, combination, subscription, membership or other scheme.
33. PLATINUM MEMBERS
If you have been provided with a Platinum code by your employer, or by way of a family member and you have completed the registration process successfully, you will be entitled to use Push Doctor Premium for your first 10-minute consultations but will not be entitled to use Push Doctor Premium for the period that your Push Code is valid. Please contact the code provider for details. All Terms apply, including our Fair Usage policy.
34. GOLD MEMBERS
If you have been provided with a Gold code by your employer, or by way of a family member and you have completed the registration process successfully you will be entitled to use Push Doctor Premium to access the first ten minutes of a consultation without charge for the period of your valid membership. You will not be able to access free extensions, prescriptions, referrals or any other services that we offer unless you pay the extra charges as outlined on the Push Doctor Go Costs page which can be found on our website. Please contact the code provider for details. All Terms apply including our Fair Usage policy.
35. DISPUTES
In the event of any non-medical complaint or dispute you should first Contact Us and fully inform us of the issues surrounding your dispute in an open and engaged manner.
In the event of any medical complaint you should Sign In to your Account and complete the ‘Medical Complaint Form’, which will be sent to our clerical team. If you are unable to Sign Into your Account and reach the correct form, please use the normal Contact Us form and at the top of your message please include the words “I WANT TO MAKE A FORMAL MEDICAL COMPLAINT’, providing what information you feel comfortable disclosing about the complaint to our Customer Experience Team. Please bear in mind that when not using the Medical Complaint Form the initial readers and receivers of these messages may not be clerical team members – you should temper the content of such messages accordingly.
If you use chargeback services available via your payment card provider in an attempt to self-issue refunds and Push Doctor is successful in disputing any chargeback with your provider, you will pay Push Doctor’s reasonably-incurred fees and costs in relation to administration and legal work in disputing your claim. You agree to pay such fees to us in cleared funds no more than 30 days from the dispute being successfully decided in Push Doctor’s favour.
36. PUSH DOCTOR WAITING AND SESSION TIMES
This clause refers to situations in which customers seek consultations to start as soon as possible, not where Sessions are booked in advance.
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 Practitioner will be made within certain parameters, within a given time period or at all. Customers accept that Push Doctor will not refund fees based on waiting times or any other time estimates being inaccurate.
Session times are provided as a guide only and do not guarantee provision of the Services, or that a connection with a Practitioner will be made within certain parameters or at all.
37. CIRCUMSTANCES OUTSIDE OUR CONTROL
Neither Push Doctor, nor its officers, employees or agents, shall be responsible if the supply of the Services is delayed or prevented by circumstances outside its control. If this happens we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure. If there is a risk of substantial delay you may contact us to cancel your Account and/or cancel any booked Services and receive a refund for any Services you have paid for but not received.
38. NO THIRD PARTY RIGHTS
Nobody else has any rights under these Terms and Conditions. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
39. ASSIGNMENT
You need our consent to transfer any rights under these Terms and Conditions to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
40. PRIVACY
By accepting these Terms and Conditions, you acknowledge that you understand, have read and will abide by the Privacy Policy (as updated from time to time in accordance with its terms), which is part of these Terms and Conditions by reference.
41. APPLICABLE LAW:
These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Platform or the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
42. SEVERABILITY
If a court finds part of these Terms and Conditions illegal for any reason, the rest will continue in force. Each of the clauses operates separately; if any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
43. WAIVER
Even if we delay in enforcing any of these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaching these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
44. NOTICES:
Push Doctor may contact you by email to the email address provided in your Account, by written communication to the postal address provided in your Account or by a general notice on the Platform.
You may contact Push Doctor at any time via Contact Us, or by submitting a letter to Customer Experience Team, Push Dr Limited, Arkwright House, Parsonage Gardens, Manchester, M3 2LF.
45. COMMENTS AND SUGGESTIONS
Push Doctor welcomes suggestions and submissions by its Customers. Please Contact Us.
Please note that by sending us ideas, artwork, computer code or creative materials you 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 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 you submit as part of your EMR or other personal information held in your Account.
46. IDENTITY CHECKS
In order to allow us to provide the Services to you in a way which protects the interests and safety of all of our patients, we need to carry out checks to verify the identity of any person wishing to use the Services (essentially, to make sure you are who you say you are). In carrying out such checks, we will work with third party providers of online ID verification services. We will ask you to provide us with certain information (generally your name, address and date of birth) which we will need to share with the third party providers in order to verify your identity.
By using the Platform and the Services under these terms and conditions, you are expressly consenting to (i) us passing this information to our chosen third party providers of online ID verification services in order for them to perform this service for us and (ii) the carrying out of the ID check by our third party provider, even though such checks may leave a digital footprint / imprint on your digital / online credit file.
If the check conducted by our third party provider results in a “fail”, we will ask you to provide secondary ID information (in hard copy or otherwise) such as Driving Licence, Military ID Card, Police Warrant Card or UK Disabled Driver Card. If you fail to provide us with this secondary ID information, we may be unable to provide any Services to you, we may cancel any consultation that you may have booked through the Platform by that point in time and we may apply the terms of our standard cancellation policy which can be found in section 29.
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