You should read these Terms carefully before using Health Connect services as they set out the basis on which we provide services to you. If you are unhappy with or do not agree with these Terms then you should exit the Health Connect platform and cancel any appointment.
These Terms apply to all of the users (including ‘you’) of our website (https://www.health-connect.com), (together, the ‘Platform’). These Terms apply to you whether you have any form of private health insurance or you are a self funded patient. These should be read in conjunction with the additional terms listed below.
DISCLAIMERS; LIMITATION OF LIABILITY AND INDEMNITY
THIRD PARTY SERVICES DISCLAIMER
READ CAREFULLY – this sets out that the advice or assistance you receive from medical professionals and other third parties is not the responsibility of health connect which operates and manages the platform.
You acknowledge and agree that Health Connect is not responsible or liable for Third Party Services and that Health Connect makes no representations or warranties regarding Third Party Services. Health Connect does not endorse and is not responsible or liable for any content, advertising, products, advice, methods or formulas or medicines or other materials on or available from any Third Party Services.
Health Connect will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any Third Party Services. If you decide to enable, access or use the Third Party Services, be advised that your access and use of such Third Party Services are governed solely by the terms and conditions of such Third Party Service providers being the medical professionals which you must ask for from them. You irrevocably waive any claim against Health Connect with respect to such Third Party Services.
Meaning of Third party services
“Third Party Services” means third party products, medication, treatment plans, applications, services, software, networks, systems, directories, websites, databases and information or advice given to you by any third party including medical professional, therapist, hygienist or any medical professional which Health Connect advertises or promotes on the website www.health-connect.com, including, without limitation, Third Party Services which may be integrated directly into your account by you or at your direction.
THE USE OF THIRD PARTY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU EXPERIENCE AS A RESULT OF YOUR USE OF THIRD PARTY SERVICES. ANY WARRANTY OR PROMISE THAT IS PROVIDED BY A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY HEALTH CONNECT.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HEALTH CONNECT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, HEALTH CONNECT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS OR MEDCIINES OR FORMULAS OR METHODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
HEALTH CONNECT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOODS OR MEDICINES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
HEALTH CONNECT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF HEALTH CONNECT , EVEN IF HEALTH CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HEALTH CONNECT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, EVEN IF HEALTH CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEALTH CONNECT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HEALTH CONNECT ‘S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
HEALTH CONNECT ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Health Connect and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services or use of third party services;
(ii) your breach of any of these Terms; (iii) Health Connect ‘s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers
The service is simply using the Platform. It does not include the provision of medical advice that you receive.
By using the Platform, you are agreeing to these Terms, along with the following additional terms, which also apply and shall be incorporated into our Contract with you:
Charging information and costs
In terms of charges and costs, you must speak to the medical and/or health proffessional directly in terms of their costs.
Any reference to ‘these Terms’ shall include all of these terms (as applicable)
Capitalised terms shall have the meanings set out in the Definitions section (see Section 20).
Please note that Health Connect 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 OR THEY SHOULD IMMEDIATELY DIAL THE EMERGENCY NUMBER FOR THE COUNTRY THAT YOU ARE IN.
THE EMERGENCY NUMBERS OF A SELECT NUMBER OF COUNTRIES ARE AS FOLLOWS:
UNITED KINGDOM – 999
UNITED STATES OF AMERICA – 911
SOUTH AFRICA – 112
JAPAN – 119
BRAZIL – 192
NEW ZEALAND – 111
CANADA – 911
EUROPE – 112
CHINA – 120
HONG KONG – 999
THE BAHAMAS – 911 or 919
BARBADOS – 911
INDIA – 112
MALAYSIA – 112
PHILLIPINES – 117
YOU SHOULD CHECK THE EMERGENCY NUMBER FOR THE COUNTRY THAT YOU ARE IN.
YOU SHOULD CALL THE RESPECTIVE EMEGENCY NUMBER IMMEDIATELY in a critical or life-threatening situation, such as if someone has: (This list is not exhaustive, and you should take immediate medical advice)
Severe bleeding and it can’t be stopped;
Severe chest pain;
A severe allergic reaction;
Severe burns or scalds;
Loss of consciousness;
Major trauma such as the result of a serious road traffic accident, a stabbing, a shooting, a fall from height or a serious head injury; or acute confused states and fits which aren’t stopping.
Or if you believe someone is having a heart attack or stroke.
Any emergency situations regarding children.
Any emergency situations regarding pregnancy.
Any emergency situations regarding the elderly or infirm.
(The list above is not exhaustive, and you should take urgent medical advice)
How to contact us.
The Platform is owned and operated by Health Connect Global Limited. (“Health Connect”, ‘our’, ‘us’ or ‘we’), a company registered in England.
To contact us, please email firstname.lastname@example.org
We 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.
What Services do we offer?
Health Connect offers a Platform which enables you to connect in real time, to a number of different medical practitioners, medical professionals, nursing professionals and allied professionals. One of the additional key selling points is you can access them worldwide at a time to suit you (subject to availability and cost).
The people listed on the Platform include:
Medical practitioners in a number of different fields – for further information as to the particular discipline, you will need to access the website.
Hygienists and therapists.
The practitioners are registered in their country of practice.
Our Platform is available to you wherever you are in the world.
You can use the Platform in order to:
Book an appointment.
Obtain qualified and professional medical, therapeutic and hygienist advice from the professional and any related administrative services, such as issuing a prescription.
If agreed with the Practitioner during the appointment, you may obtain prescriptions for certain medication(s), (each a ‘Service’ or together the ‘Services’).
Appointments are subject to availability. Appointment times are subject to change and are only made available to you at their sole discretion.
In the event that:
You require medical advice and you are unable to access Health Connect for whatever reason;
there are no Appointments available to suit your requirements;
you lose connection to the Platform during an appointment; or
your appointment is cancelled, including as a result of a Practitioner being unavailable.
It is your sole responsibility to either book an alternative appointment with us or seek appropriate alternative medical advice from alternative service providers.
If you miss an Appointment for whatever reason without notification without giving at least 48 hours’ notice, there will be an administration charge of 10% of the appointment cost. The balance will be refunded back to you, less this charge. If any other administration charges had to be incurred, such as any identity checks or any other matters, they will be payable also. An identity check including the administration process is charged at £49.
A ‘Session’ is 20 minutes unless otherwise stipulated, during which you can have a consultation with a Practitioner via the Platform
Booking an appointment in advance
There is no limit to the number of sessions that you can book in advance, subject to payment.
Confirmation of appointments.
After you have requested an Appointment via the Platform you will be sent written confirmation of the Appointment in the form of a self-automated email.
Your right to make a change to an appointment once booked
If you wish to make a change to the date or time of your Appointment, you should do this via the Platform as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the date or time of your Appointment or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your Appointment.
Our duty if we make changes to an Appointment once booked
The Medical Adviser will advise you by email as soon as possible if we have to amend, change or cancel any Appointment that you have booked.
Same day appointments.
If you want a consultation as soon as possible on the same day, you will need to check for any available Sessions via the Platform. 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. You accept that the waiting time and all other time estimates 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, within a given time period or at all. You accept that we will not refund fees based on waiting times or any other time estimates being inaccurate.
Health Connect does not offer a prescription provision or fulfilment service. Prescriptions will only be issued by Practitioners where it is appropriate, legal and responsible in the circumstances and as the result of discussion and mutual agreement between you and the Practitioner/Hygenist/Therapist or other medical professional.
Practitioners and choice.
You may not be able to choose the Practitioner for your appointment unless we make this option available to you on the Platform, which we may do from time to time at our sole discretion. We do not make any guarantee whatsoever as to the availability of any single Practitioner at any time.
We do not make any representation nor give any warranties regarding any Practitioners’ training, qualifications or skill, although we do, as required by the UK law, make appropriate checks to ensure that each Practitioner (where applicable) has a current and valid registration with the GMC or other professional body in their country
Use of the services.
To ensure you are able to use the Platform and Services safely and in accordance with these Terms, you must:
Provide full and accurate information about your medical history and current symptoms (to the Practitioner during an appointment and by uploading relevant information to the Platform, as applicable). Failure to provide full information may impact on their ability to provide the Services and the ability of the Practitioner to make a full assessment of your health and care needs;
Comply with our Fair Usage Policy (see Schedule 1, below) at all times;
not use the Services for any inappropriate purposes (including, without limitation, to obtain clinically inappropriate prescriptions);
Follow instructions given to you on the Platform and/or by a Practitioner;
follow instructions on any medicine or healthcare product recommended to you on the Platform and/or by a Practitioner;
Seek further medical advice if you have any concerns about the information given to you on the Platform and/or by a Practitioner or if your condition changes; and
seek immediate medical assistance if you suffer adverse or unexpected effects of any treatment, medicine or healthcare product recommended to you on the Platform and/or by a Practitioner. Please see Emergencies (see Section 1).
Prescriptions and letters
To request a prescription, or letter, you must do this in-consultation (during a live Session) with a Practitioner. This is the only means of requesting a prescription or letter or on the Platform.
Contents of prescriptions and letters
You understand and accept that each Practitioner, at their sole discretion, creates prescriptions and letters and via the Platform based on their own professional judgement and legal obligations. You understand and accept that that the content of such items is individual, based on information you provide to the Practitioner and your presentation at the time of your consultation. As such, the contents of any prescription or, letters may vary; the precise nature of the content shall be at the sole discretion of the Practitioner and you agree to hold harmless Health Connect, its employees, officers, directors, agents and affiliates from any claim that may arise as a result of the contents of such items. You must not tamper with the content of any such prescriptions or letters (to do this would be a criminal offence). You understand and accept that there is no guarantee that such prescriptions, letters or sick notes will contain the content you desired, hoped for, expected, were informed of, understood or believed they would contain.
Lost prescriptions or letters
If you lose a prescription or letter, a copy of the relevant document may be issued, subject to the prescribing Practitioner agreeing to re-issue the document. You understand and accept that 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 or letter, you understand and accept you will be charged in accordance with the current cost for a ‘Copy’. In order to request a prescription or letter previously issued, that is up to the Prescribing Practitioner as to whether or not they will offer you that service.
Delivery by email
You understand and accept that documents sent by email are deemed to have been sent to you once the Medical Adviser marks the email containing the document as ‘correct’ and ‘sent’. You understand and accept such records shall be accepted by you as proof that we have sent the document.
You understand and accept that we are not responsible for the spam, junk or mail receipt prevention tactics of your email service provider/host, which may for whatever reason outside of our control filter emails from us away from your inbox. In such instances you understand and accept that you must take such issues up with your email provider and not us.
If you have any issues as regards of receipt of any material, you must take that up with the Medical or Health Practitioner directly.
Issuing prescriptions by Medical and Health Practioners
You understand and accept there is no guarantee or promise whatsoever that you will be issued or provided with a prescription for any medication. You understand and accept that the issuing of any prescription is at the sole discretion of the Practitioner, subject to the limitations applied by our medical team from time to time.
You understand and accept that our medical team or professional that is advising you, has restricted some of the medicines that Practitioners may prescribe. There are certain medicines that will not be issued by Practitioners in any circumstances, which include:
controlled medication, such as strong painkillers, anxiolytics, sedatives, and hypnotics.
medication that requires specialist prescribing and monitoring; and
medication that needs to be administered by injection (with the exception of lifesaving or life-preserving purposes). (The above list is not exhaustive) and is added to from time to time by the Medical Practitioners or Health Practitioners, based upon their own choice. If you require an up to date list of medication, that your Medical or Health Adviser, will not prescribe, please ask them at the start of your consultation.
Any reference to a ‘prescription’ shall be deemed to apply to repeat prescriptions where applicable.
Any prescription that you receive, is only valid for use at a Pharmacy via the Platform is only valid for use at a pharmacy in the country where it will be dispensed. You understand and agree that any prescriptions you acquire via the Platform are solely for your personal use.
You agree to carefully read all information provided to you and to follow the instructions provided by the Practitioner(s), on the prescription(s) itself/themselves and the instructions on the label applied by the pharmacy prior to taking any of the prescribed medicines. You also agree to contact a Practitioner, another doctor or a pharmacist if you have any questions about prescribed medicines or do not fully understand the reasons you have been prescribed any prescribed medicine or the instructions related to the prescribed medicine.
Health Connect and the Practitioners are not responsible for any legal prescriptions provided to you that any pharmacy or dispenser 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.
For details of the technical requirements to access and use the Services, please see Connectivity.
Your Health Connect Account
In order to use this service, you represent and warrant that you:
are at least eighteen (18) years of age; and
have capacity to accept and agree to these Terms.
Providing accurate and complete information
To register with us you are required to provide accurate and complete information, including your first and last name, email address, postal address, mobile telephone number (you are not permitted to use landline numbers in place of a mobile telephone number) and any other information that we specifically request. You must keep your Account details up to date at all times. We reserve the right to terminate use of this Platform which (at any time) 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. Please note this does not affect our conformity with all relevant laws regarding the keeping, maintenance and protection of medical/patient records.
We reserve the right to stop your use or prevent access by you of using this Platform, if we have any concerns.
For confidentiality reasons, we do not have to tell you why we have stopped or suspended your access.
Identification Checks / fraudulent Accounts.
We may contact you by telephone, post or email to verify identity or other account information and 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 this information in the manner requested within seven (7) Working Days of the request, we reserve the right to suspend, discontinue or deny you access to and use of the Platform and Services until the information is provided to our reasonable satisfaction. We also have a facial recognition service of which it is compulsory for you to use in order to access these services.
Only use one email address to use the Platform. If you use multiple email addresses for the Services, this will mean that records of your care may be inaccurate, and you may put the safety and quality of your future care at risk.
Third party information that you provide. Where you upload any personal health information to the Medical Adviser which you have obtained from a third party health service provider, you warrant that such information is provided lawfully and has not been tampered with.
Keep your email address and any passwords confidential. If you choose, or you are provided with a user identification code, password, or any other piece of information as part of our security procedures, you must treat this as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you know your user identification code or password, you must promptly contact us.
Responsibility for your account.
You are solely responsible for all activity that occurs on your account and you must notify us immediately if you become aware of any unauthorised use of your account (if any) or if your login details are lost or stolen. We shall not be liable for any losses that you incur as a result of any unauthorised use of your account.
We may monitor use.
We reserve the right to monitor your use of the Platform and/or Services and to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we suspect any unauthorised use or misuse of the Platform and/or Services.
You must communicate directly with the medical or Health Professional in relation to the storage and access of your personal health information including:
current health conditions.
Information Resources (Opt-in). By using the Platform and you consent to receive information resources and/or marketing communications, and are agreeing to the receipt of offers, promotions, surveys, newsletters and other information regarding medical and health-related topics, which may include links to other related websites.
If you do not wish to receive such communications, you may opt-out at any time by sending an email.
You are not permitted to make any form of recording of any appointment yourself.
We may make changes to these terms.
We may amend these terms which were in place as at May 2020. We recommend that you print and keep a copy of these terms. Every time you wish to use our Platform, please check these Terms to ensure you understand the Terms that apply at that time. If we make any material changes to these Terms, we will try to give you reasonable notice prior to the change becoming effective. Any change will be effective immediately when the revised Terms are posted on the Platform. You should stop using the Platform if you do not agree to any changes.
We may make changes to the Platform.
We may update and/or make changes to the Platform and/or the Services from time to time, for example, to reflect changes in your needs and/or our business priorities, security updates or any legal or regulatory changes. We will try to give you reasonable notice of any major changes in advance. If you are not happy with the proposed changes, then you may contact us to terminate our contract with you.
We may make updates to the Platform available to you from time to time which may for example contain vital security updates. We therefore recommend that you regularly refresh your browser update the Platform if you have downloaded a version of it to your own device, in order to take advantage of the improvements and fixes made by these updates. You may need to update the Platform if you have downloaded a version of it to your own device in order to continue to use the Services and you may have to accept a new version of these Terms when you update the Platform.
We may suspend or withdraw the Platform
We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons, including (without limitation) for technical or security reasons. We will try to give you reasonable notice of any suspension or withdrawal.
If we need to suspend access to the Platform at any time prior to any appointment that you have already booked, we will notify you in advance (unless the suspension is due to unforeseen circumstances such as emergency maintenance) and arrange a new appointment for you as soon as possible.
We reserve the right to suspend or terminate your access to the Platform at any time, without notice and without us bearing any liability to you, if we reasonably believe you have breached any of these Terms. In such circumstances, any appointments that you have already booked will be cancelled.
Temporary use of licence granted
While you are logged into your Account, you are able to use the Platform and the Services for your own personal, non-commercial use only.
You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Platform, create any works based on the Platform or commercially exploit the Platform or the Services in any way. This includes (but is not limited to) selling, reselling, reproducing, duplicating or copying the Platform and/or the Services and the use of any data mining, gathering or extraction tool. Any of these uses will result in your licence being terminated and you will no longer be authorised to use the Platform or the Services.
Disclaimers – see the disclaimers below and also those at the start
Medical Disclaimers: You should 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.
Health Connect 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. You agree to contact your medical professional in your country, should your condition immediately 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). In an emergency, you should contact your nearest emergency services centre immediately.
Any information on our Platform or in any communications from us (other than advice provided by a Practitioner during an appointment) is for general educational and informational purposes only and is not intended to amount to advice on which you should rely. Such information should not be relied upon as a substitute for seeking appropriate individual medical advice or services.
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete, or up to date. We accept no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such information.
We make 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. We are not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.
We will take all reasonable precautions to protect against failure of our equipment and software and will perform regular back-ups of all data stored. You acknowledge and accept 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 Appointments shall be deemed a Disrupted Appointment.
We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your Devices in order to access the Platform. You should use your own virus protection software.
WE MAKE 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 VIA THE PLATFORM OR SERVICES.
We do not endorse the promotions, products or services of any third parties, Medical Professionals, Health Professionals nor do we warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. We do not assume any responsibility or liability for the accuracy of information contained on any third party web sites.
Our responsibility for loss and damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us in relation to the use of this Platform but not the medical advice and health advice that you receive. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are 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 the contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability to compensate you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
Whilst the Practitioners/Hygienists and other professionals are independent contractors and not employees of Health Connect, you must ensure that they hold appropriate medical indemnity insurance to cover them in respect of claims arising from the provision of medical advice by them to you.
Liability for damage to your device or digital content
If defective digital content which we have supplied damages your device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
No liability for inability to use the Platform / reliance on any content. ‘We do not exclude or limit in any way our liability to you where it would be unlawful to do so. ‘We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising in connection with:
inability to use the Platform; or
use of or reliance on any general content displayed on the Platform.
We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Circumstances outside our control
We shall not be responsible if the supply of the Services is delayed or prevented by circumstances outside our reasonable control. You must make arrangements with the Practioner directly who is responsible.
Termination of our contract with you and the consequences.
Our right to terminate. We may end the contract between us, terminating your right to use the Platform or the services, if:
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example valid contact details.
you seriously (as determined by us) or repeatedly breach any of these Terms or our Fair Usage Policy (see Schedule 1, below).
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.
We may withdraw the Services.
We may write to you to let you know that we are going to stop providing the Services. We will try to let you know in advance of our stopping the supply of the Services.
We will advise you of any termination or suspension via the contact email held as part of your Account.
Your right to terminate
You may cancel an Appointment and/or cease using the Platform at any time.
How to cancel an Appointment / terminate Services
You may cancel an appointment / terminate Services by contacting your Medical Adviser.
We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal (non-commercial) use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
If you print off, copy or download any part of our Platform in breach of these Terms or otherwise breach our intellectual property rights, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Other important Terms
We may transfer our rights and obligations to someone else. We may transfer our rights and obligations under these Terms 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 under the contract you have with us.
You need our consent to transfer your rights 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.
Nobody else has any rights under these Terms. No other person shall have any rights to enforce any of these Terms
If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Term, 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.
Which laws apply to these Terms and where you may bring legal proceedings
These Terms are governed by English law and you can bring legal proceedings in respect of the Platform and/or the Services in the English courts.
The following defined terms apply to these Terms.
Appointment means an appointment for a consultation which shall be limited to 20 minutes per session. This is subject to any further extensions in accordance with the relevant terms.
Device means the computer, laptop, smartphone, or tablet computer that you use to connect to the Platform.
Practitioner(s) means the participating doctor(s) or Medical Adviser who give medical advice and provide you with related administrative services including referrals.
Private Patient or a patient with insurance funding means a self-funded patient who accesses the services in accordance with the terms for Private Patients.
Services has the meaning set out in pages 1 – 5 and as further described the Platform.
Session means a 20 minute consultation with a Practitioner via the Platform.
You means the individual using the Platform to access the Services
Working Day means a day that is not a Saturday, Sunday or public holiday, when the banks in London are open for business.
SCHEDULE 1- Fair Usage Policy.
Our Fair Usage Policy is designed to prevent fraud, abuse of Memberships (if any) and to ensure that everyone who wishes to use the Services is able to access a medical professional/Hygienist/Therapist as fast and safely as possible.
Unlawful, prohibited or unusual activities (non-exhaustive list)
You are not permitted to (or permit anyone else to):
use the Platform or Services in any unlawful or fraudulent way and/or for any unlawful, fraudulent or inappropriate purpose;
use the Platform or the Services for the purpose of harming or attempting to harm minors in any way;
post or transmit a message (written, verbal or via video) under a false name or use our network resources to impersonate another person or misrepresent authorisation to act on behalf of others (including but not limited to Practitioners) or Health Connect. All messages transmitted via the Platform should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;
allow another person or entity to use your Account, username or password (unless a permitted minor) ;
market, promote or solicit the Services except as expressly permitted by these Terms;
distribute chain letters or unsolicited bulk electronic mail (“spamming”) via the Platform, to Health Connect or to any third party allegedly on behalf of Health Connect;
attempt to undermine the security or integrity of computing systems or networks of Health Connect, the Platform or any sites or platforms accessed through or via the Platform, and you must not attempt to gain unauthorised access;
harvest or collect data about any other individual who uses the Platform;
post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Platform and/or the Services;
tamper, hack, spoof, copy, modify or otherwise corrupt or attempt to gain unauthorised access to the administration, security or proper function of the Platform and/or the Services, or the server on which the Platform or related materials are stored or any server, computer or database connected to the Platform. You will not use robots or scripts with the Platform;
attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this Platform. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting;
upload or provide any information to the Platform or any Practitioner in breach of any third party’s intellectual property rights and/or any obligation of confidentiality or contractual duty owed to any third party; or
reproduce, duplicate, copy or sell any part of the Platform in contravention of the provisions of our Terms.
Breach of this Fair Usage Policy.
When we consider that a breach of this Fair Usage Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Fair Usage Policy constitutes a material breach of our Terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions (at our sole discretion):
Deletion of any information provided by you that we deem in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any third party intellectual property right.
Suspension or termination of your contract for any Services / Membership. Where we consider it reasonable and at our complete discretion, we may provide you with a notice of improper behaviour before suspending, terminating or offering alternative Services, as we deem appropriate.
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you
We may disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this Fair Usage Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
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