This is our CURRENT policy and was Last Revised on the 16/08/2016. 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 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 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”, “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-uk-org the “GMC”) (the “Practitioners”) 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”).
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 fulfilment service. Prescriptions will only be issued by Practitioners under circumstances that are appropriate, legal, responsible and as the result of discussion and mutual agreement between you and the Practitioner.
Push Doctor will make all reasonable endeavours to connect you to Practitioners, subject to minimum specification requirements which are determined by Push Doctor from time to time:
Windows 7, 8, 10
Google Chrome 37 and newer
Mac® OS X 10.8.5 and newer
Google Chrome 37 and newer
Android™ 4.4.4 and newer
Google Chrome 37 and newer
Windows XP, Vista, 7, 8 and 10
Internet Explorer 7 and newer, Firefox 18 and newer
Mac OS X 10.6 and newer
Safari 5 and newer, Firefox 18 and newer
iPhone, iPad, iPod Touch with a front facing camera and iOS 7.1 and newer
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 fulfil any prescription and/or dispense medications when presented with a legal prescription. None of this affects your legal rights.
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 authorise us to obtain/that you provide to us by way of uploading such information to the Platform. A very significant part of the medical advice/diagnosis you may receive is therefore based on the information that you supply. It is entirely your responsibility honestly to present information when questioned in as much detail as possible. The information’s accuracy is paramount.
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 information you provide from other service providers or otherwise upload to the Platform, you warrant and confirm that such additional information is accurate, legally provided and has not been tampered with.
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 reconnect to another Practitioner as soon as possible by way of rejoining the queue in an on-demand session or booking an advance appointment.
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 many as you authorise by choosing to maintain (i.e. not EXIT) your connection in one of the Platform’s video-surgeries with a Practitioner. You will be counted-in to the start of a consultation and also every subsequent Session extension start time. For Session extension start times, you will be counted-in on-screen for a period of 20 seconds, which you accept is a suitable/appropriate notification period allowing you to EXIT the consultation if you do not wish to authorise the next Session to start. Upon any count-in reaching zero you will have duly authorised the next Session to start and any and all relevant charges for such further Session(s) will be applied to your Account.
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 choice therefore we are in no way liable if you choose to end the consultation prematurely.
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.
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 clerical 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 clerical 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 longer letter, you will be required to pay charges in respect of the equivalent number of standard letters.
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, LETTERS AND SICK NOTES:
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 authorisation and apply the charges to your Account, to be settled at the closure of the Consultation. If you DECLINE by clicking/tapping the DECLINE button presented you will NOT be able to purchase that prescription, letter or sick note.
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, LETTERS AND SICK NOTES:
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 judgement and legal obligations and that the content of such items is individual, based on information you provide to the Practitioner. You must not tamper with the content of any such items. You acknowledge that there is no guarantee or warranty by Push Doctor that such items will contain the content you desire(d), hope(d) for, expect(ed), were informed of, understood or believed they would contain.
DELIVERY OF PRESCRIPTIONS, LETTERS AND SICK NOTES:
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 Services.
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 timeframes 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 mail receipt prevention tactics of your email service provider/host, which may for whatever reason outside of Push Doctor’s control filter emails from us away from your inbox. In such instances you understand and accept that you must take such access issues up with your email provider and not Push Doctor.
Push Doctor enables access to documents delivered via email using a pass-code, for data security reasons. This pass-code will be messaged to the mobile phone number you have provided in My Account. 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. You accept that Push Doctor’s pass-codes expire 30 days after their delivery and you will no longer be granted access to that document unless you request a new code and Push Doctor, at its discretion, agrees to provide such a code. You agree that Push Doctor may charge reasonable administration fees for providing new pass-codes.
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 attempt to 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 case you are acting as the intermediary between us and the Pharmacy for an electronic private prescription. The pharmacy will also need the pass-code you have been sent to access and open your prescription. Once we have issued your prescription to you please follow the instructions in the accompanying email.
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.
If for any reason you are unable to authorise payment for any Service(s) in advance, you acknowledge that neither Push Doctor nor the Practitioner shall be obliged to provide such Services.
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 pre-authorised prior to your receiving any Services and settled immediately after the Services have been provided. Consultations may be curtailed or Services suspended if at any time there are insufficient funds in a Customer’s Account.
You expressly hereby authorise Push Doctor to pre-authorise or charge any debit and/or credit card in your Account with any applicable charges as stated in these Terms and Conditions (as updated from time to time) or as otherwise agreed in writing with you. You accept that any failure of pre-authorisation or authorisation processes is likely to result in the Services not being provided. You understand that the Services may not be provided or consultations cancelled if your billing information is inaccurate, invalid, or without funds.
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 behalf, unless expressly agreed in writing by Push Doctor.
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.
An Initial Session (the first one of any consultation) with a Practitioner will last ten (10) minutes in length and costs £20 (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 £20 (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 future, unless you book a longer Initial Session.
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 by you at no cost at any time the Platform is available, subject to these Terms and Conditions.
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, capacity and ability, on your own behalf to accept and agree to these Terms and Conditions.
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.
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 (whether accompanied by an adult or otherwise).
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 will, once published, supersede any previous version.
10. ELECTRONIC MEDICAL RECORDS
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 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.
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 My Account and selecting “Communication 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 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;
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 unauthorised access;
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, 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.
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.
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 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 licence to use the Platform and the Services solely for personal, non-commercial use. 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.
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 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.
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, 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.
17. INTERNATIONAL USE
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 Services from territories where any content and/or Services may be illegal is strictly prohibited.
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 centre or hospital for advice). If you require urgent care, you should contact your nearest emergency services centre immediately.
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 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.
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 contract or failing to use reasonable care and skill, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you purchase any Services, both we and you knew it might happen, for example, if you contacted us about it during the sales process.
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 duty, or otherwise, even if foreseeable, arising under or in connection with:
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 endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from any Customer’s use of such sites.
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 having complied with these Terms and Conditions, Push Doctor will endeavour to refund to you any credit held in your Account so far as it is legally able to do so.
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.
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
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/ costs).
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 time, unless expressly provided for in writing by Push Doctor at its sole discretion.
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 pre- authorised prior to you receiving any of the Services, in whole or in part, whatsoever and settled immediately after the Services have been provided, in whole or in part.
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 rate, and that costs of collection, including any Court costs and reasonable legal costs shall be added as principal amounts to such balance.
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 cancelled if your billing information is inaccurate, invalid, without funds (not in funds) or any pre-authorisation by us provides a negative response (as determined by Push Doctor).
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:
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 longer letter for you, you will be required to purchase multiple Letters up to the number you require to complete the Letter.
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.
If you click/tap ACCEPT and your card is DECLINED you will not be able to purchase the Sick Note and you will be unable to use another method of purchase in your current consultation and/or Session. If your method of payment is DECLINED in this situation and you wish to purchase a Sick Note using another payment method, you accept that you will be required to complete or END your current Consultation, enter new payment details and get your new payment details set up in your Push Doctor Account and then start a new Consultation and discuss your situation with a Practitioner. You accept that there is NO guarantee or warranty made by us whatsoever that your next Practitioner will agree to write for you the Sick Note your previous Practitioner had agreed to write and issue.
28. CONTENTS OF PRESCRIPTIONS, LETTERS AND SICK NOTES
You accept without question that qualified Practitioners are creating prescriptions, medical letters and sick notes on the Platform and the contents of these items is bespoke, individual and based on your accounts and presentations at a certain time to the author Practitioner(s). As such, these contents may vary, the precise nature of the content shall be at the sole discretion of the Practitioner and you agree to hold harmless Push Doctor, its employees, officers, directors, agents and affiliates from any claim that may arise as a result of the contents of such items. You also agree not to tamper with any of the content of these items whatsoever if you are provided with them and that there is no guarantee or warranty by Push Doctor, its employees, officers, directors, agents and affiliates that the items will contain the content you desire(d), hope(d) for, expect(ed), were informed of, interpreted as including, understood or believed they would. The content shall be of a type the qualified Practitioner believes is appropriate, safe, responsible and legal.
29. LATE ARRIVAL, CANCELLING APPOINTMENTS AND MISSED APPOINTMENTS
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 3pm, you may arrive and start the consultation as late as 3.09pm, but no later. [If, for example, you have booked an Appointment comprising two (2) 10-minute Sessions and you do not arrive within the first nine (9) minutes of the Initial Session you will also lose the right to attend the subsequent Session, which may be re-allocated].
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) 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 authorised under these Terms and Conditions to deduct such amounts from your Account as soon as sufficient funds are available.
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 due a refund you must Contact Us as soon as possible providing details of the consultation (including consultation reference number) and a full description in writing of the issue or concern you are raising.
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. PREMIUM MEMBERSHIP AND FAIR USAGE POLICY
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.
Please note that you hereby waive your rights afforded you with regard to distance selling, and the 14-day cooling off period no longer applies because you are being provided with instant services.
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 eight consultations per annum. We allocate eight consultations to you for the twelve-month period and therefore we calculate that each month your allocated use is 66.66% 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 eight per annum. Once your consultation sessions breach eight 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 (£7 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 £7. 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 £7 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 £7 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 £7 offer cannot be used in conjunction with any other offer, promotion, promotional price, combination, subscription, membership or other scheme.
For customers who take advantage of the “first month free” and “one month free” the following additional Terms apply:
The month free is calculated based on a saving of £20 over the course of a 12-month membership. The total cost of a 12-month membership with offer applied is £220, normally costs £240. The £220 will be paid through 11 monthly payments of £18 and a 12th month payment of £22. Payments will be made on the 16th of each month. You can cancel your membership at any time, however there may be a cancellation fee based on your usage. See our terms and conditions for more details.
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.
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 service 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 is 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.
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.
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.
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.
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.
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 Services Department, Push Doctor, Queens Chambers, 5 John Dalton Street, Manchester M2 6ET.
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.