TERMS & CONDITIONS

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    PUSH DOCTOR

     

    ADDITIONAL TERMS AND CONDITIONS FOR PRIVATE (SELF-FUNDED) PATIENTS

     

    These additional terms apply to PRIVATE (SELF-FUNDED) PATIENTS of Push Doctor ONLY. If you are using Push Doctor as an NHS-funded patient, please see our separate Terms and Conditions for NHS-funded patients. These Terms should be read in conjunction with our Core Terms of Use for all users.

     

    1. SERVICES

     

    You can use our Services in two different ways:

     

    (1) Pay As You Go (“PAYG”) – where you choose to pay on a per Appointment basis; and

     

    (2) Membership – where you choose to purchase an annual twelve (12) month subscription to our Services. 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 Membership (as may be varied from time to time) can be found on the Website.

     

    We 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.

     

    Minors (i.e. under 18 years of age).  A minor under the age of eighteen (18) is only permitted to use the Services in the following circumstances:

     

    • the minor’s parent or guardian makes a booking for an Appointment via the parent or guardian’s Account; and

     

    • the parent or guardian is present during the Session and has with them a valid form of photo ID (e.g. passport or driving licence), the only exception being that minors between the age of sixteen (16) and eighteen (18) can attend an Appointment with or without a parent present (but the booking for the Appointment must still be made via their parent or guardian’s Account).  

     

    GPs you may know. It is not our intention to connect you with Practitioners who are also working at the NHS GP practice where you may currently be registered. We will use some of the information that you provide at the time of registration to create connection filters and blockers to prevent this. 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 agree immediately to inform the Practitioner and to ask them to “disrupt” your connection (see Problems ). The Practitioner is able to disrupt your connection to them and you will be given the opportunity to reconnect with another Practitioner, either by re-joining the queue for a same day Appointment or by booking an advance Appointment.

     

    1. OUR CONTRACT WITH YOU

     

    How we will accept your order for the Services. Our acceptance of your order for the Services will take place as follows:

     

    • For Pay As You Go users, by making an Appointment via the Platform and submitting your payment, you are making an offer to purchase the Services. Your offer will only be accepted by us and a contract formed when we have successfully verified your details and confirmed your Appointment [by email / via the Platform]; and

     

    • For Membership users, by submitting an application for Membership via the Platform and submitting your payment, 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 understand and accept that that your Membership will begin as soon as we send you the email confirming your Membership. We will try to process your Membership promptly, but we do not guarantee that your Membership will be activated by any specified time.

     

    We reserve the right to reject any offer for Services at our discretion, for any or no reason.

     

    If we cannot accept your order for the Services. If we are unable to accept your order for the Services, we will inform you of this in writing and will not charge you for the Services. This might be because (without limitation) there are no Appointments available at the time you have requested, because of the Platform or a Practitioner is unavailable at the time you have requested, because we have not been able to verify your identity, because we have identified an error in the price or description of the Services or because we have not been able to pre-authorise the debit or credit card which is registered to your Account with any charges payable in respect of the Services that you have ordered.

     

    1. COSTS

     

    Where to find the price for the Services. The price of the Services (i.e. Appointments, prescriptions, letters, sick notes and any other services) (which includes VAT) will be as set out on the Platform at the time you place your order for the Services. Our fees and charges may change at any time, but price changes will not affect any Services that you have already ordered at the time of the changes.

     

    Extending the length of your Appointment once it has started.  At the end of the last Session during your booked Appointment you will be given the option to purchase an additional ten minute Session, to start immediately after the end of your current Session.  When your initial Session has two (2) minutes remaining, a 2-minute countdown will appear on the screen. You will then be given a 20 second on-screen count down to the end of your current Session and, if you wish to purchase the additional Session, you must click the “Start another Session” button that will appear on your screen before the end of the 20 second count down.  By clicking that button you will be deemed to have authorised the next Session to start automatically at the end of the current Session. If you do not click the button in time, your current Session will automatically end at the end of the 20 second count down.

     

    If you choose not to purchase an additional Session at the end of your current Session or if you choose to exit your Session early, in each case before the Practitioner has concluded the consultation, you understand and accept that this may prevent you from receiving some of the Services and that this is your choice (in respect of which we have no liability).

     

    When you end your extended Appointment, any remaining time between the time that you have ended your consultation and the end of the ten (10) minute extension will be credited to your Account. Credit to your account can be spent on extensions or prescription administration fees.

     

    Appointment Costs. The cost of a Session will vary depending on whether you choose to Pay As You Go or purchase an annual subscription to our Services (“Membership”). The respective costs are set out on the Website and may vary from time to time.

     

    You understand and accept that:

     

    • you may only ever purchase a complete Session (i.e. a block of 10 minutes). You cannot purchase individual minutes or part of a Session;
    • you will not be entitled to any rebate, refund or compensation of any kind in respect of any unused time during a Session; and
    • you will not be entitled to any rebate, refund or compensation of any kind if you click the “Start another Session” button that will appear on your screen before the end of your last booked Session. By clicking that button you will be deemed to have authorised the next Session to start automatically at the end of the current Session and you will be deemed to have authorised us to take payment in respect of the new Session from the debit or credit card registered to your Account.

     

     

    Prescriptions. A prescription may contain no more than a maximum of seven (7) 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 understand and accept you will be required to purchase multiple prescriptions up to the number you require.

     

    Our fees and charges do NOT include or cover any pharmacy fees.

     

    The prescriptions available via the Platform for private patients are private prescriptions only (not NHS prescriptions). You understand and accept that private prescriptions are fulfilled at a charge unique to the fulfilling pharmacy, which is not under our control or the Practitioners’ control. It is your choice as to whether you have any prescription fulfilled and at what cost. 

     

    You understand and agree that we charge administration fees for every private prescription issued via the Platform, as detailed on the Platform. You understand and agree that you must pay this fee prior to a prescription being created by a Practitioner and that once the prescription document has been delivered to you this fee is non-refundable.

     

    Prescriptions are issued via fax to the pharmacy and/or by post to you.

     

    1. PAYMENT TERMS

     

    Registered debit or credit card. You must have debit or credit card details and a billing address for the card registered to your Account at all times.

     

    What happens if we got the price wrong. We take all reasonable care to ensure that the price of the Services advised to you is correct. However, it is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

     

    VAT.

     

    We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.

     

    Pre-authorisation of your debit or credit card. By submitting your order for the Services, you expressly agree that we may pre-authorise the debit or credit card which is registered to your Account with any charges payable in respect of the Services that you have ordered. On completion of the relevant Services, you expressly agree that we may automatically take payment of the charges for the relevant Services from the debit or credit card registered to your Account. If we are unable to pre-authorise or process payment of the relevant charges to your registered debit or credit card for whatever reason (whether due to due to your own action or omission or the action or omission of any third party), we will not be able to provide the relevant Services and we will still be owed the fees and charges incurred by you personally, which we may take formal action to recover.

     

    Membership fee. 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.

     

    Monthly Payments. You understand and accept that where you choose to make Monthly Payments, each Monthly Payment will automatically be charged to the debit or credit card registered to your Account without notification each month during the Membership Period.

     

    Changes to the Membership fee. 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 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.

     

    Membership Renewals. You understand and accept that 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 thirty (30) days before your current Membership Period is due to expire) if you do not want your Membership to automatically renew. You can also turn off automatic renewal at any time (so long as this is no later than thirty (30) days before your current Membership Period is due to expire), through your Account.

     

    You understand and accept that if you do not turn off automatic renewal or otherwise notify us that you do not want your Membership to be renewed, we will automatically renew your Membership at the end of the relevant Membership Period. Upon renewal, we will charge the then current Membership fee using the debit or credit card registered to your Account. Unless you tell us otherwise no later than thirty (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.

     

    Prescriptions, letters and sick notes. If you request a prescription, letter and/or sick note, you will be asked, by way of a system message, to accept or decline the purchase. If you accept by way of clicking/tapping the PAY button, you understand and accept this will authorise us to apply the relevant charges to your Account, to be settled at the closure of the consultation. You understand and accept that 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 PAY and your payment method 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 understand and accept that you will be required to provide new payment details in your Account following the relevant consultation. You will then have to 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.

     

    In the case of a referral letter, you understand and accept we cannot be held responsible either financially or medically if your referral is declined. You understand and accept that you have given a full and accurate history to your doctor and have not withheld any information that you feel may be relevant to your referral or may affect the chance your referral may be accepted.

     

    Delivery. 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. You understand and accept that it is entirely your responsibility to ensure that the contact details you provide are accurate and up-to-date. 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 fees and charges. 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 fees and charges.

     

    We can charge interest if you make any payment late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

     

    What to do if you think an invoice is wrong. If you think an invoice is wrong please Contact Us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on properly due sums from the original due date.

     

    The account holder is responsible for all charges incurred on an Account. Any and all charges, without exception, incurred on an Account are the responsibility of the individual who registered the Account with us. We do not accept payment by insurers on your behalf, unless expressly agreed in writing by us in advance.

     

    Self-issuing refunds. If you use chargeback services available via your payment card provider in an attempt to self-issue refunds and we are successful in disputing any chargeback with your provider, you will pay our 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 our favour.

     

    What happens if you fail to make a Monthly Membership Payment? If any Membership Payment cannot be taken from the debit or credit card registered to your Account, we have the right to suspend your Membership and any Appointments that you have booked until the relevant payment has been received and we shall have the right to charge interest in respect of the late payment in accordance with this clause. In the event of a failed payment, a reminder will be sent to you via the email address registered to your Account. We will attempt to take the relevant payment twenty-four (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 twenty-four (24) hours after this and if payment fails for a third time, your Membership and any Appointments that you have booked will be cancelled.  We will not be obliged to refund any Monthly Payments that you have paid previously (in respect of Membership services that you have already received).  Our normal cancellation provisions will apply in respect of any cancelled Appointments (See Other Cancellation Rights below).

     

    1. YOUR STATUTORY RIGHT TO CHANGE YOUR MIND

     

    Statutory 14-day “Cooling-Off” Period.  In most cases, where you purchase goods or 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.

     

    Waiving your statutory right to cancel during the Cooling-Off Period.

     

    PAYG Users.  When you register an Account, you have the option to waive your statutory right in respect of the Cooling-Off Period. If you choose to waive your rights in this way, we will able to start providing the Services immediately and you will be able to make a booking for an Appointment before the expiry of the Cooling-Off Period.

     

    Once you have waived your statutory right in this way, you will not have the right to cancel the Services during the Cooling-Off Period or receive a refund of any charges that you have paid in respect of the Services (other than as set out in your Other Cancellation Rights).

     

    If you choose not to waive your statutory right in this way, you acknowledge that we will not perform the Services for you for the duration of the Cooling-Off Period.

     

    Membership Users. You understand and accept that 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:

     

    • we will give you a full refund of the Annual Fee or Monthly Payment (as applicable) that you have paid; but

     

    • you understand and accept that you will be obliged to pay for the Appointments you have booked or 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 Platform). 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 understand and accept that we shall be entitled to take payment (from the debit or credit card registered to your Account) for the total amount of any outstanding fees which are due in respect of any Appointments under this paragraph (ii).

     

    When your refund will be made. We will make any refunds due to you as soon as possible and in any case within ten (10) working days of your telling us you have changed your mind.

     

    1. YOUR OTHER CANCELLATION RIGHTS

     

    You may cancel an Appointment at any time on giving 24 hours’ notice. You may cancel any Appointment at any time by going to your Account, choosing “My Appointments” and then selecting “CANCEL THIS APPOINTMENT”. If your cancellation is successful you will receive an email from us 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 will not be charged if you cancel an Appointment up to 24 hours before the scheduled start time of the relevant Appointment.

     

    You will be charged if you cancel an Appointment on less than 24 hours’ notice. If you cancel an Appointment within twenty-four (24) hours of the scheduled start time of the relevant Appointment you will be required to pay: (i) the full charges for the number of Sessions making up the relevant cancelled Appointment; and (ii) the Cancellation Fee.

     

    You accept that we are not responsible and will accept no liability for any costs, expenses or losses that you suffer as a result of your failure to properly cancel any Appointment with 24 or more hours’ notice.

     

    Cancellation Fee. If you cancel an Appointment on less than twenty-four (24) hours’ notice or in the event of a Missed Appointment or Disrupted Appointment which is due to your action or omission, you will be charged a cancellation fee of £30 (GBP) per Session if you are not a Member or £20 (GBP) per Session if you are a Member (“Cancellation Fee”), which shall be payable in respect of each cancelled/missed Appointment.

     

    For example, if you had booked an Appointment comprising one (1) 10-minute Session and failed to attend, the cancellation fee would be £30 if you are not a Member and £20 if you are a Member. If you had booked an Appointment comprising two (2) 10-minute Sessions and failed to attend, the cancellation fee would be £60 in total if you are not a Member (i.e. £30 per missed Session) and £40 in total if you are a Member (i.e. £20 per missed Session) The Cancellation Fee is payable in addition to the charges payable in respect of the missed Appointment. You understand and accept that we shall be entitled to take such payment from the debit or credit card registered to your Account.

     

    You may also cancel the contract for Services for the following reasons:

     

    • if the Services are faulty or misdescribed;
    • we have told you about an upcoming change to the Services or these Terms which you do not agree to;
    • we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
    • there is a risk that supply of the Services may be significantly delayed because of events outside our control;
    • we have suspended the Platform for technical reasons, or notify you we are going to suspend them for technical reasons, in each case where the period of suspension coincides with the time of any Appointment(s) that you have already booked (see clause We May Suspend or Withdraw the Platform); or
    • you have a legal right to end the contract because of something we have done wrong.

     

    In the above circumstances, you may cancel the contract for Services and no Cancellation Fee will be payable.  Where possible we will offer to arrange a new Appointment for you as soon as possible or another appropriate remedy.  If this is not acceptable to you, we will refund any sums you have paid in advance for Services which will not be provided and, in some circumstances, you may also be entitled to compensation.

     

    Cancellation of Membership. 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, you understand and accept that we shall be entitled to take payment (from the debit or credit card registered to your Account) 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).

     

    1. SUMMARY OF YOUR LEGAL RIGHTS.

     

    We are under a legal duty to supply Services that are in conformity with these Terms. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.

     

    Summary of your key legal rights

     

    This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

     

    Where you are purchasing services, the Consumer Rights Act 2015 says:

     

    a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

     

    b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

     

    c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

     

    See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

     

    1. PROBLEMS WITH THE SERVICES

     

    Please see our FAQs section on our website for further information about What if I arrive late to an Appointment?, What if I miss an Appointment? and What happens if my Appointment is disrupted?.

     

    You will be required to pay a Cancellation Fee where you are at fault.  In circumstances where a Late Arrival or Missed Appointment is due to your action or omission, you will not be entitled to any refund or credit of the cost of the relevant Appoint and you will be required to pay a Cancellation Fee  . 

     

    Disruptions. In the event that we determine that your Appointment is a Disrupted Appointment, we will terminate the relevant Appointment and enable you to rebook the Appointment.  You may be entitled to a Credit or Refund  (at our sole discretion and subject to Circumstances where we are not at fault ).  If we determine that the Disrupted Appointment occurred due to your action or omission, we will not be obliged to refund or credit the cost of the Disrupted Appointment and a Cancellation Fee   will apply. 

     

    Credit or Refund. Subject to the paragraph below (Circumstances where we are not at fault ), we will issue a non-transferable credit to your Account in respect of the charge for the Missed Appointment or Disrupted Appointment (as applicable) and you will only be able to use this credit on the Platform after sixty-five (65) minutes from the scheduled end time of the relevant Missed Appointment or Disrupted Appointment (as applicable).  If you prefer to receive a refund to your registered credit or debit card please Contact Us , providing details of the consultation (including consultation reference number) and a full description in writing of the issue or concern you are raising.

     

    Circumstances where we are not at fault. You understand and accept that will not provide credits or refunds in circumstances where we are not at fault, such as in the following circumstances (which is NOT AN EXHAUSTIVE LIST but an indication only):

     

    • If we determine that a Missed Appointment or Disrupted Appointment is due to your actions or omissions and not ours.

     

    • If you are unable to connect to the Platform or if your connection is interrupted due to a problem with your internet connection, network or Device or otherwise due to your action, omission or default or other circumstances beyond our control;

     

    • 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.

     

    • If you do not receive a prescription, referral letter or sick note as a result of an Appointment via the Platform.

     

    • If it took longer than the published waiting time on the Platform for your Appointment to start.

     

    • If you did not use all available minutes in any Appointment that you have started.

     

    1. OUR RIGHT TO TERMINATE FOR YOUR BREACH

     

    Our right to terminate. We may end the contract between us, terminating your right to use the Platform or the Services, if:

    1. you do not make any payment to us when it is due, as required by these Terms; or
    2. in the other circumstances set out in Termination and Consequences.

     

    You must compensate us if you break the contract. If we end the contract in the situations set out in the circumstances above we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

     

    No entitlement to refund of Membership Fees.  You understand and accept that 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. You understand and accept that if you are making Monthly Payments, we shall be entitled to take payment (from the debit or credit card registered to your Account) 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).

     

    1. COMPLAINTS

     

    In the event of a complaint, please refer to our FAQs section for our relevant processes.

     

    Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any (non-medical) complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution (“CEDR”) via their website at https://www.cedr.com/consumer/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.