User Terms and Conditions
A. OUR MISSION
1. User Terms and Conditions - Definitions
2. Our Contract With You
3. Changes to Terms
4. Providing Services
5. If There is a Problem with the Services
6. Price and Payment
7. Our Liability to You
8. Events Outside Our Control
9. Your Rights to Cancel and Applicable Refunds
10. Our Rights to Cancel and Applicable Refunds
11. Electronic Communications
12. Your Obligations
13. Intellectual Property
15. Licence and Site and App Use
16. Your Use of the Company’s Systems
17. International Use
19. Services Description
21. Site and App Policies, Modification and Severability
22. Information about MyMed and How To Contact Us
23. How The Company May Use Your Information
24. Other Important Terms
SCHEDULE 1 - CONSULTATIONS TERMS AND CONDITIONS (COVERING VIDEO, AUDIO AND TEXT CONSULTATIONS)
SCHEDULE 2 – ADDITIONAL TERMS IN RELATION TO THE END USER LICENCE FOR THE SITE AND APP
SCHEDULE 3 – ADDITIONAL TERMS IN RELATION TO PRESCRIPTIONS
If you have any concerns, questions or comments for us then do not hesitate to get in touch with us at email@example.com.
IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS YOU ARE NOT AUTHORISED TO ACCESS OR USE MYMED, IN ANY WAY, AND YOU SHOULD LEAVE, EXIT, END YOUR SESSION, OR CLOSE YOUR CONNECTION IMMEDIATELY.
MyMed is NOT for to be used in an EMERGENCY situation.
IF YOU THINK OR BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING TO USE MYMED IS IN (OR YOU THINK THERE IS THE OPPORTUNITY FOR THE SITUATION TO ESCALATE TO ONE CONSIDERED TO BE) AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY CEASE YOUR ATTEMPT TO USE OR YOUR CURRENT USE OF MYMED AND DIAL 999 OR SEEK ALTERNATIVE APPROPRIATE EMERGENCY MEDICAL SERVICES.
severe chest pain
severe bleeding and it cant be stopped
loss of consciousness
acute confused states or fits
If you or someone else is having what you believe to be a heart attack or stroke you should DIAL 999 immediately.
GO STRAIGHT TO NHS ACCIDENT & EMERGENCY IF YOU THINK YOU OR SOMEONE ELSE IS IN AN URGENT OR EMERGENCY MEDICAL SITUATION - YOU SHOULD NOT USE MYMED.
IF YOU ARE UNDER THE AGE OF 18 YEARS OR SEEK MEDICAL ADVICE CONCERNING A PERSON UNDER THE AGE OF 18 YOU ARE NOT TO USE THIS SERVICE AND SHOULD CONSULT YOUR LOCAL GENERAL PRACTIONER.
MYMED: USER TERMS AND CONDITIONS
MyMed may amend these Terms from time to time as set out in clause 3. Please check these Terms to ensure you understand the terms that will apply at the time you enter into any transaction with the Company. These Terms were most recently updated in August 2016.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) "Advice": means the advice or other services provided by a Practitioner or the Company to a User through the Site or the App, or otherwise facilitated by the Company.
(b) “ Affiliates”: those persons providing Services or Products through the Company, its Site or its App, or ordered through the Company, its Site or its App, including suppliers and Practitioners and any subcontractors to the Company.
(c) “App”: means the MyMed mobile application provided by the Company and available via the Apple App Store or Google Play Store.
(d) “Company”: MyMed Ltd registered in England and Wales with company number 09768044 with registered office at Willowbrook, Burbidge Close, Lytchett Matravers, Poole, Dorset BH16 6EG.
(e) “Distance Selling Regulations”: EU (Consumer Information, Cancellation and other Rights) Regulations 2013 as implemented under UK and Irish Law.
(f) “Event Outside Our Control”: is defined in clause 8.2.
(g) “Materials”: means any materials, documents, information, intellectual property or other assets belonging to the Company and/or any Affiliate.
(h) “Online Shop”: means the facility provided to Users on the Site or App for ordering and/or purchasing non-pharmaceutical and non-testing Product/s from a third party supplier.
(i) “Practitioner”: the medical health practitioner carrying out or providing the Services to include but not limited to a registered general practitioner ("GP"), registered nurse ("Nurse") or registered medical specialist clinician or consultant ("Specialist") registered, as applicable, with the relevant body in the United Kingdom or Ireland.
(j) “Product”: any physical product ordered by you through the Company’s Site or App, or which the Company provides to you.
(k) “Services”: any services that the Company provides to you or which you order or access through the Company’s Site or App
(l) “Site”: means the homepage at www.mymedhealthcare.com and all subsidiary pages to this homepage.
(m) “Terms”: the terms and conditions set out in this document including the Schedules.
(n) “User”: means a customer of the Company who makes use of the Services and/or orders or purchases Products via the Site or App.
(o) In writing or written: shall include in relation to any communication from the Company or its Affiliates, any email, on-screen alert, on-screen notification, prompt, field or other communication of information to you from the Company or its Affiliates and in relation to any communication from you to the Company shall include any email address provided to you by the Company for such communication.
2. OUR CONTRACT WITH YOU
2.1 The Services and Products ordered through the Site and App may be provided to you by the Company or by a third party. These are the Terms on which the Company supplies Services, Products or otherwise contracts with you. If a third party provides a Service or Product through the Site or App, the third party may apply its own terms and conditions to the Services or Product provided by it. Please ensure that you carefully read these Terms and the terms and conditions of any third party which provides a Service or Product through the Site or App.
2.2 The Schedules to these Terms are part of the contract.
2.3 The Company does not contract otherwise than on these Terms unless explicitly agreed in writing. If you do not agree with these Terms, you should not use the Company’s Site or App, or otherwise order or use any Product or Services from the Company.
3. CHANGES TO TERMS
3.1 The Company may revise these Terms from time to time in the following circumstances:
(a) changes in how the Company accepts payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) where the Company in its discretion deems a revisal necessary or desirable and notifies you of such a revision.
3.2 If the Company makes a revision to these Terms under clause 3.1, the Company will notify you when you next access the Site or App and you will have a right to cancel the contract in accordance with clause 9.3 (c). The updated Terms will apply to any transaction or use and it is your responsibility to ensure that you are content to contract on the then current Terms at the point of any transaction or use.
4. PROVIDING SERVICES
4.1 The Company will not be responsible for any delays or lack of performance by it or any of its Affiliates due to an Event Outside Our Control. See clause 8.3 for the Company's responsibilities when an Event Outside Our Control happens.
4.2 The Company may have to suspend the Services if the Company has to deal with technical problems, or to make improvements to the Services. The Company will use reasonable efforts to minimise such times of suspension but such suspension shall not affect your obligation to pay any payment due, provided that such period(s) of suspension do not exceed 30 days in aggregate in any year period.
4.3 If you do not pay the Company for the Services when you are supposed to as set out in these Terms the Company may suspend the Services with immediate effect until you have paid the Company the outstanding amounts.
5. IF THERE IS A PROBLEM WITH THE SERVICES
5.1 In the unlikely event that there is any defect with the Services:
(a) please contact and inform the Company as soon as reasonably possible;
(b) please give the Company a reasonable opportunity to repair or fix any defect and/or to contact the relevant Practitioner and request that they carry out the required repair or fix the defect; and
(c) the Company will use reasonable efforts to repair or fix the defect as soon as reasonably practicable. However the Company is not responsible for any failure by a Practitioner to repair or fix the defect.
You will not have to pay for the Company or Practitioner to repair or fix a defect with the Services under this clause 5.1.
5.3 The Company values your feedback and, following a consultation, provides you with the opportunity to rate your consultation and to provide additional comments. If you have any complaints, please do not hesitate to get in touch by emailing the Company at firstname.lastname@example.org.
6. PRICE AND PAYMENT
6.1 Prescriptions you can acquire via MyMed are private prescriptions only. You cannot acquire NHS prescriptions via the Site or App. You accept that private prescriptions are fulfilled at a charge, those charges are unique to the fulfilling pharmacy and not under the control or influence in anyway of MyMed or the Practitioners prescribing medicines via the Site or App. It is your choice as to whether you have that prescription fulfilled and at what cost.
6.2 The price of the Services or Products will be set out on the Company's Site or App, or in the Schedules to these Terms at the time of agreement by the Company to provide the Services and or Products. The Company's prices may change at any time, but price changes will not affect any Services or Products which you have already ordered.
6.3 You accept, in these Terms, that when you begin a consultation with a Practitioner, there is no charge, but if you request a prescription that is then written and signed electronically by a Practitioner, in order to activate this prescription we will charge you in full for that Product, with the inclusion of the Practitioner’s fee and a delivery fee if applicable.
6.4 These prices exclude: (i) VAT, where applicable, and unless otherwise stated; and: (ii) reasonable credit card and other processing fees, where these are incurred by the Company.
6.5 Subject to clause 6.3, the Company will typically charge and invoice you for the Services or Products at the time you order them. You accept and agree that MyMed charges administration fees for every prescription that is issued via the Site or App. You understand, accept and agree that you must pay the total due amount prior to a prescription being created (and delivered) by a Practitioner via the Site or App, and that once delivered to you this fee is non-refundable. Any amounts charged or invoiced are due and payable upon the invoice being issued unless otherwise specified in these Terms, the Site or the App.
6.6 You can pay for Services or Products using a credit or debit card.
6.7 Payment for the Services and/or Products and all applicable delivery charges is to be made in advance.
6.8 You understand and acknowledge that treatments ordered following a consultation with a GP may not be eligible for insurer contributions that may be available if ordered following a consultation with a Specialist.
7. OUR LIABILITY TO YOU
7.1 The Site and App are not suitable for managing a medical emergency or acute condition, any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any product or service urgently. By agreeing to these Terms, you expressly understand, accept and agree that:
(a) when using the Site or App, the Practitioners that MyMed will connect you with are independent medical professionals that are individually responsible for the medical advice, diagnoses and medical services that they offer to you via the Site or App. You accept the limitations of a remote service and that any medical diagnosis, where achieved via consultation on the MyMed Site or App with a Practitioner is arrived at in large part by your (Customers) recall and description of the symptoms affecting you or that you are presenting with. Therefore a very significant part of the medical advice/diagnosis you may receive is arrived at based largely on the information that you directly supply at the time of your consultation.
(b) it is your responsibility to honestly present information when questioned in as much detail as possible to the Practitioner(s) you are consulting with as you accept this directly affects the outcome of your consultation. You acknowledge that the Practitioner(s) heavily rely on the information that is directly provided by you when providing you with any medical advice/diagnosis.
7.2 The company cannot guarantee continuous availability of any Practitioner or any availability of any particular Practitioner.
7.3 The Company:
(a) disclaims all warranties, express or implied;
(b) does not warrant that the Site, the App, the Company’s servers, or e-mail sent from the Company are free of viruses or other harmful components.
(c) is not liable for any loss or damage that has been caused by a relevant Practitioner (except to the extent such Practitioner is an employee of the Company acting within the scope of their employment), Affiliate, subcontractor or third party. Such Practitioner, Affiliate, subcontractor or third party person shall be solely liable for that loss or damage unless and to the extent that it is caused by the negligence, material breach or wilful default of the Company;
(d) provides, among other things, a communications platform for you to communicate with Practitioners and to order products and services from third parties. Except in respect of the actions or omissions of the Company or its officers and employees acting within the scope of their employment, the Company does not accept any liability or responsibility for the actions or omissions of any third party, in particular its Affiliates and any Practitioners who are not employees of the Company.
7.4 MyMed shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with these Terms for (a) loss of profit; loss of anticipated savings; (c) loss of reputation; (d) loss of or damage to goodwill; (e) loss of earnings; (f) loss of revenue; (g) loss of data; or (h) any indirect, economic or consequential loss.
7.5 The maximum aggregate liability of MyMed under or arising in connection with these Terms or the Services and / or Products ordered via the Site or App, whether such liability arises in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £2000[U3] [CW4] .
8. EVENTS OUTSIDE OUR CONTROL
8.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond the Company's reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. For the avoidance of doubt, an Event Outside Our Control includes any action or failure to act by the relevant Practitioner and/or insufficient/variable network connectivity at any time for the User, Company or Practitioner.
8.3 If an Event Outside Our Control takes place that materially affects the performance of the Company's obligations to you under these Terms:
(a) the Company will notify you; and
(b) the Company's obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the Company's performance of Services to you, the Company will resume the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract immediately if an Event Outside Our Control takes place resulting in a suspension of the Services that continues for longer than 2 weeks and you no longer wish the Company to provide the Services. Please see your cancellation rights under clause 9. The Company may cancel the contract if an Event Outside Our Control continues for longer than 2 weeks.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUNDS
9.1 No refund shall be due because of any unavailability of any particular Practitioner or where the prescription ordered has been correctly fulfilled, either by shipment or local pharmacy collection, except where otherwise stated in Affiliates’ Terms.
RIGHT TO CANCEL UNDER DISTANCE SELLING REGULATIONS
9.4 Under the Distance Selling Regulations, you can also cancel a contract within 14 days without giving any reason. Your legal right to cancel starts from the date of the confirmation email (an acceptance in writing by email from the Company or third party supplier stating that the order is accepted which will form the basis of the contract) which is when the contract between us is concluded. Your cancellation period will expire after 14 days from the day of the conclusion of the contract.
9.5 You acknowledge that you cannot cancel an order for the supply of digital content or Services which have been fully performed, where we started delivery of the digital content or performance of the Services upon your request.
9.6 To cancel your order under clause 10 You must inform MyMed in writing (and email is accaeptable: email@example.com) of your decision to cancel this contract by an unequivocal statement (e.g. email or letter). To meet the cancellation deadline, you must send your communication of cancellation before the 14 day period has expired.
9.7 If you cancel this contract under clause 10, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 The Company may have to cancel consultation requests, active consultations, and/or prescription orders due to an Event Outside Our Control or the unavailability of key personnel or key materials without which the Company cannot provide the Services. The Company will promptly notify you if a Service is unavailable.
10.2 Once the Company has begun to provide the Services to you, the Company may cancel the contract for the Services at any time by providing you with at least 15 calendar days' notice in writing.
10.3 If the Company has to cancel provision of a Service or the Services under clause 10.1 or clause 10.2 and you have made any payment in advance for the Service or Services that has not been provided to you:
(a) in the case of a Service you have requested and paid for, the Company shall refund the individual payment to you;
(b) for the avoidance of doubt, in the case of a Service you have requested that ordinarily is available free of charge to Users, you shall not be eligible to receive any refund;
(d) for the avoidance of doubt, no refunds shall be payable in the event that a Service that you have requested cannot be provided due to your own absence (including, without limitation, for a scheduled consultation), negligence, failure to provide requested information or other relevant error.
10.4 The Company may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay the Company when you are supposed to as set out in these Terms; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 calendar days of the Company asking you to in writing, or sooner if reasonably required.
10.5 From time to time, the Company will request certain information from you that may be confidential and/or covered by data protection legislation - for example, details of any medical conditions. The Company will contact you in writing about this. If you do not, after being asked by the Company, provide the Company with this information, or you provide the Company with incomplete or incorrect information, the Company may suspend the Services by giving you written notice. The Company will not be liable for any delay or non-performance where you have not provided this information to the Company after the Company have asked for such information and the Company will not be obliged to provide any refund.
11. ELECTRONIC COMMUNICATIONS
11.1 When you use the Site, App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices, alerts, prompts, information fields or other information through the Site and App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. YOUR OBLIGATIONS
12.1 You undertake that:
(a) all information you give to the Company, its Affiliates and any Practitioner will be accurate and not omit anything of importance;
(b) you will comply with all instructions and advice given to you by any Practitioner;
(c) if, following use of the App, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilise the emergency services as applicable.
(d) you will comply with any instructions given in relation to any prescription given to you including in particular route, timing and dosages;
(e) you will promptly report any side effects of any prescription to a Practitioner.
(f) you will protect anything prescribed to you and not permit any other person access to the prescription;
(g) you will not use any prescription after its expiry date;
(h) you will not register more than once with the Site, the App or the Services;
(i) subject to clause 16 you will not register on behalf of any other person or answer questions or pretend to be any other person;
(j) you will promptly notify the Company if you are aware that any part of your medical record in the Site or App, or held by the Company including any tests, prescriptions, imaging, advice given or opinion expressed is incomplete or inaccurate; and
(k) to help us protect the privacy and security of your information, you agree not to make independent recordings of consultations.
13. INTELLECTUAL PROPERTY
13.1 You acknowledge that the ownership of all Intellectual Property Rights in the Site or App shall remain vested in MyMed at all times.
“Intellectual Property Rights” shall mean: all patents, rights to inventions, copyright and related rights, database rights, semiconductor topography rights, utility models, rights in designs, trademarks, service marks, trade names, domain names, rights in goodwill and other similar or equivalent rights or forms of preotections (whether registered or unregistered) and all applications (or rights to apply) for, and for renewals and extensions of, such rights as may now or in the future exist anywhere in the world.
13.2 You may retrieve and display the content of the Company's Site, App and/or any information stored on or procured through it on a computer or device screen, store such content in electronic form on disk or print copies of such content for your own personal and non-commercial use, provided you keep intact all and any copyright and proprietary notices.
13.3 Consultations, activity and data inputted in the Site and App may be recorded by the Company and will be available to the Practitioner with which you consulted. You hereby consent to such recording, storage and subsequent retrieval by the Company or Practitioner. You may view consultation recordings from within the App for your own private purposes (and may show them to any other medical practitioner who is supporting your care) but you acknowledge that all intellectual property rights in these belong to the Company.
13.4 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of the Company's Site or App without written permission from the Company. You do not obtain any right in the copyright, design right or any other intellectual property rights in any materials or other documents or items made available to you on the Company's Site, App or through your use of the Services.
13.5 You shall be entitled to use any such materials, documents or other items as are referred to in paragraphs 13.1 to 13.4 above for personal use and only in connection with the Services but shall not be entitled to copy, edit, alter or disseminate (including but not limited to, distributing or making the materials, documents or other items available on a file-sharing network) any such items (in whole or in part) or use them for any commercial purpose. For the avoidance of doubt, nothing in these Terms restricts you from using your medical information for your own personal use including passing to any other medical practitioner.
13.6 All content included in the Site and App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its content suppliers and protected by national and international copyright laws. The compilation of all content in the Site and App is the exclusive property of the Company and/or Development Partners. All software used in the App is the property of the Company or its software suppliers and protected by national and international copyright laws.
The MyMed mark, logo, combined mark and logo and other marks indicated in our Site and App are trademarks of the Company or its affiliates in the United Kingdom and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Company or its Affiliates.
15. LICENSE AND SITE AND APP USE
The Company grants you a limited license to access and make personal use of the Site and App and not to modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the Site or App, or their contents; any derivative use of their contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and App or any portion of them may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. Any unauthorised use terminates the permission or license granted by the Company. You may not use any logo or other proprietary graphic or trademark of the Company or its Affiliates as part of the link without our express written permission.
16. YOUR USE OF THE COMPANY’S SYSTEMS
Persons aged 18 years of older may use the Site and App on their own, via their own account, via payment made using their own credit or debit card.
17. INTERNATIONAL USE
The Site and App may only be used within the United Kingdom and may not be used in any circumstances where the laws of any jurisdiction outside the United Kingdom and Ireland would apply to its use, or the provision of the Services or Products. The Company makes no promise that materials on the Company's Site, App, Systems and Online Shop are appropriate or available for use in locations outside the United Kingdom and Ireland and accessing the Company's Site, App, Systems and Online Shop from territories where its contents are illegal or unlawful is prohibited. If in contravention of these Terms you access the Company's Site, App, Systems and Online Shop from locations outside the United Kingdom and Ireland, you do so on your own initiative and are responsible for compliance with local laws. Our Practitioners are also not covered medico legally for provision of any service outwit these shores.
The Company reserves the right to deny any person (inclusive of any User) access to the Site, App and/or Services and Products in the event that the person is abusive or inappropriate to any Practitioner or any employee or agent of the Company. Inappropriate use includes, without limitation: (i) inappropriate, abusive, offensive behaviour or remarks; or (ii) ‘time-wasting’; or (iii) excessive use of a Service or Services in the reasonable opinion of the Company and/or relative to typical usage patterns in the reasonable opinion of the Company. In the event of inappropriate or abusive use, the Company reserves the right to terminate provision of Services or Products and use of the Site and App (including deletion of the User’s account and information) immediately upon notice.
19. SERVICES DESCRIPTION
The Company and its Affiliates attempt to be as accurate as possible in their description of the Services. However, the Company does not warrant that descriptions of services or other content of the App is accurate, complete, reliable, current, or error-free. The Company provides links to other sites and maintains feeds from external data providers over which the Company has no control. The Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
20.1 If any dispute arises in connection with these Terms, the parties will attempt to resolve the dispute between the parties. If the dispute is not resolved within 60 days of the initial notification of a dispute by either party, the parties will attempt to settle it by way of mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation either the Company will give you or you must give us notice in writing ("ADR notice") requesting a mediation. A copy of the request should be sent to CEDR. The mediation will start not later than 60 days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation for a period of 30 days after the mediation has started.
20.2 Following mediation under this clause 20, in the event that any dispute remains unresolved relating in any way to your use of the Site or App, that dispute shall be submitted to confidential arbitration in London or Dublin following the CEDR rules specifying English or Irish law and one arbiter. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
21. SITE AND APP POLICIES, MODIFICATION, AND SEVERABILITY
21.1 We reserve the right to make changes to our Site and our App at any time and, subject to clause 10.3, to withdraw any Service by providing you with reasonable notice.
21.2 If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
22. INFORMATION ABOUT MYMED AND HOW TO CONTACT US
22.1 The Company is a limited company registered in England and Wales. The company registration number is 09768044 and the registered office is at Willowbrook, Burbidge Close, Lytchett Matravers, Dorset BH16 6EG. The Company operates the website www.mymedhealthcare.com.
22.2 If you have any questions or if you have any complaints, please contact the Company. You can contact the Company by by e-mailing the Company at firstname.lastname@example.org.
22.3 If you wish to contact the Company in writing you can send this to the Company by email or by post to MyMed Ltd, Willowbrook, Burbidge Close, Lytchett Matravers BH16 6EG. The Company will confirm receipt of this by contacting you in writing. If the Company has to contact you or give you notice in writing, the Company will do so by email or in writing to the address you provide to the Company upon agreement by the Company to provide the Services.
23. HOW THE COMPANY MAY USE YOUR PERSONAL INFORMATION
23.1 The Company will use the personal information you provide to the Company to:
(a) provide the Products and Services;
(b) provide to Affiliates of the Company where reasonable or necessary in relation to the provision of the Products and Services, including provision of your information to Practitioners including GPs, Specialists, dispensing pharmacies, and partner pathology (testing) providers;
(c) process your payment for such Products and Services;
(d) review and enhance the quality of the Services, including monitoring compliance with clinical care standards;
(e) comply with reasonable requests by regulatory bodies including the General Medical Council, or as otherwise required by law or regulation;
(f) where you request it or have otherwise consented, provide it to your insurance company(y/ies) who may contribute to the cost of the Products or Services you request to use;
(g) provide information to your other healthcare providers; or
(h) the detection of fraud.
23.4 If you elect to pre-authorise a treatment via an insurance company, you acknowledge and agree that it may be necessary to provide access to your contact, personal, medical, treatment, outcomes or other information, to your insurer to facilitate your request and the insurer’s quality control and clinical practice requirements. Alternatively, the insurer may contact you with a separate consent form, requesting that you allow them to request information from us relating to your claim.
23.5 The Company retains the right to use anonymised data for purposes including (without limitation) research.
23.6 The Company uses a third party to process payments and refunds. We do not store your credit or debit card details. Credit and debit card details are stored securely with a third party in the eventuality of payment being required for future purchases or shortfalls in payments by insurers.
23.7 Authorised members of the Company’s clinical team may utilise consultation recordings for audit and quality monitoring purposes.
23.8 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and the Company’s obligations under law as a data controller, the Company is not responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise. The Company reserves the right to withdraw or delete any information from the App at any time.
24. OTHER IMPORTANT TERMS
24.1 The Company may transfer its rights and obligations under these Terms to another organisation, and the Company will always notify you in writing if this happens, but this will not affect your rights or the Company's obligations under these Terms.
24.2 You may only transfer your rights or your obligations under these Terms to another person if the Company agrees in writing.
24.3 Notwithstanding that this contract has a number of Schedules which may apply to one or more of the particular Services or Products supplied by the Company, they are one set of terms and may only be accepted or declined in full.
24.4 The Terms are the terms of the contract between you and the Company. No other person shall have any rights to enforce any of the Terms. The Company may enforce the Terms on behalf of Affiliates.
24.5 If an Affiliate which is a third party provides a Service or Product through the Site or App, such third party may apply its terms and conditions to the Service or Product provided by it and such terms and conditions will form the basis of a contract between you and the third party.
24.6 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
24.7 If the Company fails to insist that you perform any of your obligations under these Terms, or if the Company does not enforce its rights against you, or if the Company delays in doing so, that will not mean that the Company has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Company does waive a default by you, the Company will only do so in writing, and that will not mean that the Company will automatically waive any later default by you.
24.8 These Terms are governed by English law. You and the Company both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in the Republic of Ireland, you may also bring proceedings in the Republic or Ireland.
SCHEDULE 1 - CONSULTATIONS TERMS AND CONDITIONS (COVERING VIDEO, AUDIO AND TEXT CONSULTATIONS)
1. NATURE OF ADVICE GIVEN VIA THE SERVICES AND RELIANCE
1.1 Practitioners are independent third parties. The Company has taken reasonable steps to verify the identity of Practitioners against their regulatory body’s database of members and in the normal course of events will use reasonable efforts to verify certain background information about a Practitioner. However, the Company makes no representation or guarantee in relation to, and is not responsible for, the qualifications of any Practitioner or the suitability of any Practitioner that is not an employee of the Company.
1.2 Consultations are subject to Practitioner availability. When you select an available Practitioner, the Company shall use reasonable efforts to offer an immediate consultation, but the Company does not guarantee to offer a consultation if that Practitioner becomes unavailable.
1.3 By using a text, audio and/or video consultation, you consent to the use of a remote service.
1.4 You acknowledge that while the Company takes all reasonable precautions, due to the nature of electronic communications the security of a remote interaction cannot be guaranteed.
1.5 You understand and agree that consultations with GPs may need to be limited in time duration if the individual Practitioner deems that no further help can be offered or that continuing the consultation would not give clinical benefit; this is at the discretion of the individual Practitioner.
1.6 Advice, information or other communications given or made remotely by audio or video are by their nature limited relative to a face-to-face consultation. A non-face to face consultation may therefore not be sufficient in certain circumstances and Users should be aware of, and by using the Company’s Site and App and any other facility are deemed to have accepted, those limitations. In particular, a non-face to face consultation is unlikely to be appropriate or sufficient in circumstances of: (i) emergency, (ii) urgency, (iii) where a physical examination is likely to be required, (iv) where physical intervention is likely to be required, or (v) where the problem, issue or information required is not suited to remote communication.
1.7 It is the responsibility of the User to evaluate whether any advice received via the Services is suitable or sufficient for the User’s needs, to what extent the User should rely upon it and whether the User should seek the assistance of their GP, other medical practitioner or emergency services.
1.8 If, following use of the Site or App, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilise the emergency services as applicable. Our Site and App can help you with this; Practitioners have the option to show you GPs local to your current location.
2. AMENDMENT OF THE TERMS
A User may separately agree terms and conditions with a Practitioner in relation to the Terms upon which that Practitioner is willing to provide services to the User. If that is the case, such agreement shall not affect these terms to the extent they apply to the relationship between the User and the Company.
3. COMMITMENT TO YOU
3.1 Each Practitioners who is actively consulting on MyMed has committed:
a) to provide, when accepted and having had your GP account activated by MyMed, a professional and transparent service when you are available that complies with (i) the General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as interpreted by the Care Quality Commission and clinical best practice in the UK; or (ii) the Medical Council Guide to Professional Conduct and Ethics for Registered Medical Practitioners, Seventh Edition 2009, and clinical best practice in Ireland;
(b) to volunteer, where requested in a consultation, your name and General Medical Council / Irish Medical Council professional registration number when prescribing medicines and communicating with patients;
(c) to prescribe medicines only when in their professional judgment it is in the patient's best interests to receive the medicine being requested and, accordingly, to refuse to prescribe medicines when they believe it is not in the patient's best interests to receive medicines without the benefit of a face to face consultation
(d) to show patients their nearest face-to-face GP services using our Site and App services to do so, and to encourage their consultation at these establishments instead, whenever you feel this is more clinically appropriate than your online consultation; and
(e) to take all reasonable steps to protect patients' personal information.
SCHEDULE 2 – ADDITIONAL TERMS IN RELATION TO THE END USER LICENCE FOR THE SITE AND APP
Operating system requirements
Our App requires an iPhone version 4 or more recent, running iOS 6 or higher, or an Android smartphone running Android v4.2 or more recent, and a consistent 3G (or faster) data connection. For the avoidance of doubt, GPRS or EDGE connections are not suitable ("Devices").
We recommend that if you are using a wireless network to access the App, you avoid use of public wi-fi facilities in favour of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements.
1.1 If any open-source software is included in the Site, the App or any Service, the terms of an open-source licence may override some of the terms of this end user licence.
1.2 From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.3 By using the Site, the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.4 Certain Services, including Prescriptions, may make use of location data sent from the Devices. When accessing the Site or App from your device, you can turn off this location functionality at any time by turning off the location services settings on your device. If you use these Services, you consent to us and our Affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your device, or if on a computer by altering your inputted Post Code or removing it altogether.
1.5 The Site, App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. PURPOSE OF SITE AND APP
2.1 You acknowledge that the Site and App have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Site and App meet your requirements.
2.2 The Site and App are not medical devices. While certain information controlled, generated by, displayed within or stored in them may be helpful in providing warning of certain medical or health conditions or circumstances, they are not designed, nor may you use them as, a device to detect, di