Welcome to the Doctor Care Anywhere Terms and Conditions (“Terms”) which contain essential legal information on the rules for using our Service; what we need from you to provide you with our Service; and what to do if something were to go wrong.

 

We believe that the security and privacy of your information is paramount. These Terms and Privacy Policy explain in more detail what information we collect from you and how we use it. Although these are quite detailed, our philosophy is simple – we treat your information the way we wish our own to be treated, with the utmost care and confidentiality.

 

You will find the following sections in these Terms:

 

• The legal bits
• How we contact each other
• What we mean by our Services
• How to access our Services
• Payments and refunds
• What the criteria are to use our Services
• Our clinical Services
• Important information about your data
• When you wish to terminate your relationship with us
• Your compliments, comments, and complaints
• Changes to these Terms and/or the Privacy Policy
• Our liability
• Other things you should know
• Schedule 1 – Healthcare Scheme terms
  • AXA Health Healthcare Scheme
• Schedule 2 – Acceptable and Fair Use Policy
• Schedule 3 – Defined Terms

1. The legal bits

1.1 These Terms are issued on behalf of Doctor Care Anywhere, which includes entities based in the EU and the UK. When we say "we", "us" "Doctor Care Anywhere" or "DCA" we are referring to all of the Doctor Care Anywhere entities, set out below.

      a. Doctor Care Anywhere Limited, Second Floor, Harmsworth House, 13-15 Bouverie Street, London EC4Y 8DP

      Registered in England and Wales with company number 08614024

      b. Doctor Care Anywhere Ireland Limited, 25-28 North Wall Quay, IFSC, Dublin 1, D01 H104 Ireland

      Registered in Ireland with company number 689685.

1.2 These Terms are an agreement between you and us. Please read these Terms carefully; they are important for both you and us as they set out the rules and your rights when you use our mobile application ("App"), website and avail of our Services, as defined below.

1.3 Doctor Care Anywhere is an online, GP-led private practice, offering medical consultations via video and/or telephone (the “Service”), as described in detail in clause 3, below.

1.4 We deliver the Service using our technology from our website doctorcareanywhere.com and App, which together form a tele-healthcare cloud-based Platform (the “Platform”).

1.5 By using our Service and the Platform, you agree to these Terms. If you do not follow these Terms, we reserve the right to cancel your account and registration as a Doctor Care Anywhere patient.

1.6 We keep these Terms and our FAQs (referenced below) updated and amend them every so often as set out in clause 11. These Terms were last updated on 14 June 2021.

1.7 You should also read these Terms in conjunction with our:

a. Privacy Policy

b. Cookie Policy.

1.8 You can also find useful information in our FAQs.

1.9 For the purpose of these Terms, we have used capitalised definitions as defined in Schedule 3. Any capitalised definition not defined has the meaning given to it in the Terms below.

1.10 If you extended your enrolment to include your Family Members, you are responsible for ensuring that you are authorised to provide us with those Family Members’ personal information and you will indemnify us in full for all losses (whether direct or indirect) suffered by us, howsoever arising, if you do not have such authority.

2. How we contact each other

2.1 You can contact us by the following methods:

a. By telephone on +44 (0)330 088 4980

b. By webform on our Contact Us page

c. By email on contactus@doctorcareanywhere.com

If your query is urgent, we recommend you contact us by telephone.

2.2 How we contact you

a. We will contact you in English by email, phone, text message or via an in-App notification.

3. What we mean by our Services

3.1 DCA offers its Services online, enabling you to connect via video and/or telephone to a DCA medical professional.

3.2 This includes people like doctors, advanced nurse practitioners, pharmacists, mental health therapists and paramedics. Throughout these Terms, we have called them “Medical Practitioners”.

3.3 The Service provides access to Medical Practitioners who are fully qualified to work in the jurisdiction in which they practice. If they practice in the UK, they will be registered with the GMC and are on the UK GP or Specialist register. If they practice in Ireland, they will be registered with the Irish Medical Council and are on the GP register for Ireland.

3.4 The Service is delivered in English. We are unable to use translation services during an appointment and cannot accommodate family members translating on behalf of a patient.

3.5 During an appointment, a Medical Practitioner might give you information, a suspected diagnosis, a recommendation, treatment, a prescription, a fit note, a referral to someone else or signpost you to other relevant services, as detailed in clause 7, Our clinical Services.

3.6 When you enrol to our Service via the Platform you become a patient of DCA, either as a subscriber self-paying monthly or annually, by self-paying per appointment or through a partner organisation of DCA via a Healthcare Scheme, such as:

a. as part of an insurance policy with your insurer;

b. a benefit in an employee scheme from your employer;

c. a benefit via a hospital or other health provider; or

d. an organisation membership scheme with organisations such as retailers.

3.7 We do not provide any emergency services or care for acute medical conditions or where treatment / diagnosis by an in-person doctor is required. In such cases we may signpost back to the relevant health service, whether that is the NHS (UK) or the HSE (Ireland), or refer you for appropriate in-person services provided by independent providers or affiliate partners with your consent. As such, we may not be able to provide ongoing care for any such conditions or treatments/diagnoses.

3.8 The Service is in no way designed to replace the services of your in-person GP or a hospital.

4. How to access our Services

Cancellation of your subscription

4.2.10 You can change your mind and cancel within 14 days of purchasing your subscription. This is known as your cooling off period.

a. If you made no appointments or chargeable cancelations during your cooling off period, you will be entitled to a full refund.

b. We reservice the right to charge for appointments and chargeable cancelations made during the cooling off period at the retail price quoted on the Platform.

4.2.11 After the cooling off period, you may cancel your subscription with immediate effect if:

a. We breach these Terms in any material way and do not correct or fix the situation within 14 business days of you asking us to in writing;

b. We enter into liquidation or a receiver or an administrator is appointed over its assets;

c. We change these Terms under clause 11 to your disadvantage; or

d. there is a risk of substantial delay caused by an event outside of our control.

In such circumstances we will refund you a pro rata amount of your subscription fee based on the remaining period of your subscription.

4.2.12 Subscriptions can be cancelled at any time for no extra charge.

a. Your subscription will end on the last day of your subscription period.

b. Monthly subscriptions cancelled during the minimum term, will end on the last day of your subscription period, being three months after your activation date. Your card will continue to be charged the monthly fee.

c. You will continue to receive access to the subscription Services during your subscription period.

d. At the end of your subscription period, your subscription will not be renewed, and no further payments will be charged.

4.2.13 At the end of your subscription period, you remain a patient of the Doctor Care Anywhere practice and can continue to access the Services subject to our pay as you go terms, enabling you to self-pay per appointment. You can purchase another subscription at any time.

4.3 Pay as you go (PAYG)

4.3.1 You can self-pay per appointment if:

a. you have not purchased a subscription; or

b. you have run out of available appointments via your Healthcare Scheme policy, where a limit has been applied.

4.3.2 Appointments are purchased on a per appointment basis.

4.3.3 The cost of an appointment is set out on the Platform and may vary from time to time.

5. Payments and refunds

5.1 You have to pay for our subscription and PAYG Services and any products you may order through the Platform.

5.2 The price of an appointment and the subscription fee will be quoted on the Platform. Prices include any applicable taxes which might apply and are liable to change at any time, but any changes will not affect any existing appointments already booked or subscriptions already in place.

5.3 Where you are using an offer, the promotion included within the offer will be applied against the price of the appointment or subscription quoted on the Platform.

5.4 Payments must be made to us by credit or debit card on the checkout page. We accept most major credit and debit cards, but we cannot accept payments over the phone.

5.5 You should be aware that online payment transactions are subject to validation checks by your card issuer and DCA is not responsible if your card issuer declines to authorise payment for any reason. If such payment is not authorised, your right to the booked appointment shall be cancelled. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. DCA is not responsible and accepts no liability for this.

5.6 Refunds will be processed to the same credit or debit card used to purchase the Service.

5.7 You should contact us if the Platform has not been able to complete your refund and you believe you are entitled to a refund as defined by these Terms.

5.8 Where a refund is applied to an appointment or subscription purchased using an offer, your refund will be based on the amount you paid. If your purchase was free, you will not receive a refund.

5.9 Refunds and returns cannot be accepted for medications correctly prescribed by your consulting Medical Practitioner.

6. What the criteria are to use our Services

6.1 Use of the Service is open to residents and citizens of any nationality, except residents or citizens of the United States of America who are in the United States of America at the time of having an appointment.

6.2 As an online Service some internet access is essential to access the DCA Platform and the Services.

6.3 Your use of the Platform and Services are subject to the Acceptable and Fair Use Policy as detailed in Schedule 2 of these Terms.

6.4 Patients must be registered on the Platform to create their patient record. Only one patient record is allowed per patient.  Duplicate patient records will be merged.

6.5 Registering on the Platform is governed by the following rules:

a. Adults over the age of 18 can register directly on the Platform.

b. Children under 18 must be registered by their parent or guardian who has legal parental responsibility.

c. Young people 16 or over can be invited to take possession of their patient record by their verified parent or legal guardian.

d. Where you are an Adult who is entitled to the Service as a Family Member on a Healthcare Scheme, the Primary adult must first activate their account on the Platform then invite you to activate your account.

e. The email address used becomes your username and it must be unique and cannot be shared with other people.

6.6 Prior to using the Services, you are required to update your patient profile with the following information: Contact details, Date of Birth, Gender, GP Details and Emergency Contact. We may check the information you provide against that which is held on a national electronic database, for example, the NHS Patient Demographic Service (“PDS”) in the UK, and update your current GP and Healthcare Number to ensure your data is up to date.  By agreeing to these Terms, you agree to our processing of your information for this purpose.

6.7 Your identity must also be verified before you can access the Services and in the case of your Child, the legal parental responsibility or guardianship of the Adult.

a. We may sign post you to alternative services (whether public or private) if you have healthcare concerns in the meantime.

b. In this case, verified means the confirmation of an individual’s identity to confirm they are both a real person and are that person, by using a digital identity checking service.

c. It is not possible for your identity to be vouched for or verified by your Healthcare Scheme.

6.8 By agreeing to these Terms, you agree to our instructing a third-party to provide identity checking services on our behalf, in accordance with our Privacy Policy. Identity and parental responsibility are checked in the following ways:

a. Verifying an acceptable photographic identification document which is cross checked with a live photo of the patient, which becomes the patient profile photograph. Valid documents include: passport; driving license; or national identity card.

b. By checking the patient against national databases (electoral role, credit card, phone records) and/or against the PDS.

c. Uploading a copy of a Child’s full birth certificate or legal guardian letter. We will confirm the relationship with the Child, such as birth parent, stepparent or foster parent and use the documentation provided to verify that the Adult has legal parental responsibility.

6.9 Adults with access to multi-person policies can add their Family Members to their account.

a. Where the Adult is part of a Healthcare Scheme you must add the Family Members who are part of that scheme. We reserve the right to withdraw the Service for any Family Members not on the Healthcare Scheme.

b. By adding personal data on behalf of another, you agree that it is your responsibility to ensure that:

       i. you are authorised to provide that data; and

       ii. the data is accurate and up to date.

c. Young Children and Young People must be initially registered under a verified adult parent/guardian account.

i. Once a Young Person has reached the age of 16 the Adult main policy holders has the option to approve the Young Person to take possession of their own patient record, or the Young Person can request this. The Young Person will be invited to register on the Platform and verify their identity.  The adult policy holder will no longer have access to the Young Person’s patient record on completion of this process.

ii. On the day that a Young Person reaches the age of 18 they become an adult and the parent/guardian will no longer have access to their Family Member’s healthcare record. The Family Member will be invited to register on the Platform and verify their identity.

d. Adult main policy holders can use the Platform to book appointments for and discuss healthcare concerns regarding their verified Children whose patient record they still have possession of. Appointments must be booked in the name of the Child who is having the appointment.

e. Adult main policy holders will have access to their verified Children’s patient record according to the following criteria:

i. When Young Children are aged under 11, the main account holder will have full access to the child’s account upon the completion of verification checks;

ii. When Young Children aged between 11-15 and are deemed to have the capacity for consent to care and treatment, they can request to receive care in confidence, at which point the medical record in whole or part can be withheld from the adult.

ii. When a Young Person is aged between 16-18, they are legally presumed to have the capacity to make decisions about their own care. The Young Person is therefore asked for their consent to share their medical notes with their parent/guardian at the end of each consultation. If consent is declined, the parent/guardian will not be able to view the notes for that consultation.

6. 10 If you have appointed one or more people as your attorneys to help you with your decisions or make decisions and wish for them to speak to us on your behalf, we must receive a copy of the health and welfare lasting power of attorney document (“LPA”), which will be stored against your patient record. Without a valid LPA we will not be able to discuss your patient record with anyone else.

6.11 We do not take any responsibility for differences between healthcare regulations and variations in different countries. DCA Medical Practitioners practice in accordance with healthcare regulations and guidelines applicable in their jurisdiction.

6.12 It is your responsibility to ensure that it is lawful to access the Platform and use the Service in the country in which you are located at the time of an appointment. We accept no responsibility for the use of the Service or access to the Platform in any country where it is unlawful to do so.

7. Our clinical Services

7.1 Medical Practitioners 

7.1.1 DCA Medical Practitioners are registered and fully qualified to work in their respective countries. They undergo external appraisals in accordance with standard practice for health professionals; receive bespoke training, including in virtual consultation skills where relevant; and are monitored and reviewed internally by the DCA clinical leadership team.

a. UK General Practitioners are registered with the General Medical Council and are on the UK GP or relevant Specialist register.

b. Irish General Practitioners are registered with the Irish Medical Council and are on the GP register for Ireland.

7.1.2 DCA Medical Practitioners are all covered with specific tele-consulting medical indemnity insurance.

7.1.3 The information and advice provided by a Medical Practitioner during an appointment should be used to increase your awareness of the options you may have available to you. By its nature, a virtual appointment may not be sufficient in certain circumstances for your needs and is unlikely to be appropriate or sufficient for emergency conditions, where a physical examination or intervention is likely to be required or where the issue is not suited to a remote appointment. We strongly recommend you share and/or discuss the information from your appointment with your local Doctor/GP and that you return to your local Doctor/GP to discuss any significant differences in recommended medical treatment and your concerns about previous medical treatments by your local Doctor/GP.

7.1.4 The information and advice provided by a Medical Practitioner during an appointment is based on the information you have supplied to us. It is your responsibility to ensure this information is correct and complete and you accept that failure to do so (whether intentionally or not) may affect the information and advice the Medical Practitioner gives to you and, as such, may have consequences for which we are not responsible.

7.1.5 In the event that you do not fully understand any information given during your appointment, it is your responsibility to raise this during your appointment and the Medical Practitioner will seek to clarify matters for you.

7.2 Appointments

7.2.1 By making an appointment you give Doctor Care Anywhere express consent to provide the Service to you in your chosen time slot and within any cancellation period provided by any English laws or regulations.

7.2.2 You may book an appointment with a Medical Practitioner via the Platform. The appointment will occur via phone or video conference. Appointment slots are made available at our discretion in each 24 hour period but will typically be offered between the hours of 8am to 10pm GMT. You can access the appointment booking system to book an appointment, 24 hours per day, 365 days a year.

7.2.3 When booking your appointment, you will be required to provide details of and answer specific questions about your health concern, as well as confirming your location and time-zone in order to select a time slot in which you would like to attend your appointment. All appointment times are displayed in accordance with your selected appointment time-zone, so you do not need to calculate the time-zone time difference. It is your responsibility to ensure that you select a country and time-zone that will match your location at the time of the appointment.

7.2.4 When booking your appointment, you will be matched with any Medical Practitioner, however you have the option to select the gender of a Medical Practitioner you wish to see or a specific Medical Practitioner from a list. We cannot guarantee the availability of any Medical Practitioner and will not be liable if any Medical Practitioner selected by you is unavailable at any time.

7.2.5 For your safety you will tell us your location at the time of the appointment when making the booking. If you are not at this location when you start the appointment you must tell the Medical Practitioner when the appointment begins.  If you are in an inappropriate consulting environment, for example you are driving, the Medical Practitioner will ask you to re-book and your appointment will be subject to our appointment cancellation terms.

7.2.6 Subject to our Acceptable and Fair Use Policy as detailed in Schedule 2 of these Terms, you can upload images and/or documents in connection with an appointment, to provide the relevant Medical Practitioner with additional information regarding your specific health concern.

7.2.7 You may check and correct any input errors in your appointment request up until the point at which you submit your request for an appointment. Appointments are automatically accepted; however, we are not obliged to accept your appointment for any particular Medical Practitioner and may at our discretion cancel a booked appointment and/or offer an alternative Medical Practitioner.

7.2.8 Your appointment will be confirmed on the Platform and we will send an email confirming the appointment details to your registered email address.

7.2.9 To ensure your safety, a Medical Practitioner will review the details you provided about your health concern, and at their discretion and as required, contact you for example to:

a. ask for more information, pictures or evidence;

b. ask for you to switch from a telephone to a video appointment;

c. assess you for a potential emergency and signpost to an emergency service as needed.

7.2.10 Ten minutes before your appointment you will receive an email and text message reminder of that your appointment is about to start.

7.2.11 It is your responsibility to be available to speak to the Medical Practitioner by your chosen method at the time of the appointment, and for:

a. video appointments, it is your responsibility to ensure you are signed in to the waiting room prior to your appointment, you  have good internet connection, following the instructions to test both video and voice are functioning. You will receive a notification inviting you to join your appointment when the Medical Practitioner is ready;

b. video appointments which experience technical difficulties, the Medical Practitioner will attempt to contact you on the nominated telephone number on your account;

c. telephone appointments, the Medical Practitioner will call you on your chosen number. It is your responsibility to ensure that the number you provide is correct and that if you are using a mobile phone you have adequate signal.

7.2.12 The Medical Practitioner will perform a data protection check at the beginning of the appointment and reserves the right to deny any person access if they cannot confirm their identity, and in the case of an appointment for their Child, the identity of that Child in addition to their identity.

7.2.13 Where a patient is under 16 (or under 18 if they have not yet adopted their own patient record) they must be accompanied by their parent who is the registered primary policy holder, where a data protection check will be done on the parent and Child.

7.2.14 Where the Child has capacity and wishes to receive care in confidence, the parent can leave the child to consult with the Medical Practitioner. The child can further decide to withhold their clinical record from their parent; however, this may limit the Medical Practitioners ability to issue prescriptions or referrals.

7.2.15 During your appointment, your consulting Medical Practitioner may advise that a follow up appointment may be necessary, within a certain period. It is your responsibility to book the follow up appointment. We will remind you by email and text message if the follow up appointment is not booked, up to and including the last day of the period.

7.2.16 You will follow any instructions that our Medical Practitioners give you.

7.2.17 You will tell a Medical Practitioner or your GP, if you have any bad or unexpected effects from anything that we have recommended to you.

7.2.18 At the Medical Practitioner’s discretion and as required, they may contact you by any of your contact methods, including email, phone, post or text message as part of the Service, prior, during and after the appointment.

7.2.19 You can view the status of all your upcoming and past appointments within the Platform. You can also view and download all clinical documents relating to your appointments, including referral letters, fit notes, e-prescriptions and appointment notes as further described in these Terms.

Amending, cancelling and non-attendance of appointments

7.2.20 You may cancel an appointment at any time up to 12 hours prior to the time at which your appointment is due to begin and, if you are a PAYG Member, you will receive a full refund of any monies which you have paid. There is no refund if you are not a PAYG member.

7.2.21 If you cancel within 12 hours of the appointment or once the appointment has begun, we reserve the right to restrict future bookings or to decline the Service as detailed in our Acceptable and Fair Use Policy. There is no refund of any monies paid whether or not you are a PAYG member, unless a Medical Practitioner has signposted you to an emergency service before the appointment, as detailed in clause 7.2.9c, and you need to cancel as a result.

7.2.22 You may amend the time slot for your appointment at any time up to 2 hours prior to your chosen time slot.

7.2.23 Within 2 hours of your time slot, you can only cancel your appointment. There is no refund of any monies paid whether or not you are a PAYG member. In such circumstances, we reserve the right to restrict future bookings or to decline to provide any further Service as details in our Acceptable and Fair Use Policy.

7.2.24 If you are more than 10 minutes late for an appointment the Medical Practitioner reserves the right to either cancel or to continue with the appointment. In the case of cancellation, there will be no refund whether or not you are a PAYG member, and you may be asked to rebook for another appointment. In the case of either cancellation or continuation, we reserve the right to restrict future bookings or to decline to provide any further Service.

7.2.25 If you fail to attend an appointment, we reserve the right to charge you for that appointment unless you missed the appointment because of technical reasons outlined in clause 7.2.28. Should you or a Child under your parental responsibility miss 2 appointments in a calendar week or more than 1 per week for a period of four weeks, we may consider your activity to be a breach of our Acceptable and Fair Use Policy as detailed in Schedule 2 of these Terms. Similarly, if you miss three consecutive appointments between attended appointments, we may review your access to the Service as appropriate.

7.2.26 In the event that your offer or Healthcare Scheme provides you with a limited number of appointments any appointment cancelled, amended, or for which you are late in accordance with clauses 7.2.21, 7.2.23 and 7.2.24 above, will count towards your total allocation of appointments permitted within your offer or Healthcare Scheme.

7.2.27 To cancel or amend the time of your appointment as above, you must follow the cancellation process documented on the Platform.

7.2.28 If you have not been able to attend the appointment because the Platform is unavailable due to a technical fault caused by us, then we may offer you a refund if you are a PAYG member. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets the necessary technical specifications to enable you to access and use the Platform and the Service (information is provided on supported browsers and devices on the Platform). Any failure by you to attend an appointment because your equipment does not meet the necessary technical specifications will not lead to us providing you with a refund even if you are a PAYG member.

7.2.29 Where you use an offer to purchase an appointment, your refund on cancellation of the appointment will be based on the amount you paid. If your appointment using the offer was free, you will not receive a refund and you will not be able to book an alternative appointment using the same offer.

7.2.30 If you have booked an appointment but subsequently wish to cancel your subscription, we reserve the right to charge for the appointment at the retail price quoted on the Platform if the appointment is fulfilled by yourself and the DCA Doctor.

7.3  Private Prescriptions

7.3.1 Your consulting Medical Practitioner may issue a private prescription for medicines appropriate for your condition, only when in their professional judgment and based on the medical history you have provided and the symptoms you describe, it is in your best interests to receive the medicine.

7.3.2 Medical Practitioners prescribe in accordance with the Doctor Care Anywhere prescribing guidelines, that comply with General Medical Council guidelines on remote prescribing and essential standards of quality and safety as interpreted by the Care Quality Commission. We may refuse to prescribe medicines when we believe it is not in your best interests to receive those medicines without the benefit of an in-person consultation. We strongly advise you to share information with your regular Doctor/GP about any private prescriptions you receive.

7.3.3 Certain classes of medications such as specialist drugs, medications requiring close monitoring or controlled drugs (for example benzodiazepines such as sleeping tablets, opioids such as morphine and fertility medications) and other classes of strong pain killers (for example high dose Codeine Phosphate) are not suitable for online prescribing. This is not an exhaustive list and your consulting Medical Practitioner may advise you that a particular medication may not be suitable for an online prescription at the time of the appointment.

7.3.4 If you are issued a prescription, depending on a number of factors including your location and the medication you have been a prescribed, a prescription may be fulfilled in the following ways:

a. Collect your medication from your local pharmacy (ePrescription or directly arranged by DCA).

b. Dispensed using a DCA affiliate pharmacy partner ("Pharmacy Affiliate").

c. Over the counter (where a prescription is not required for your prescribed medication in the country you are located); or

7.3.5 Where a prescription is fulfilled by our Pharmacy Affiliate:

a. DCA private prescriptions are processed by a dispensing Pharmacy Affiliate who can ensure fulfilment of medications to you. The dispensing Pharmacy Affiliate is a separate entity from Doctor Care Anywhere and to the extent permitted by law Doctor Care Anywhere disclaims any liability for any acts or omissions of the dispensing Pharmacy Affiliate and has no control over or responsibility for any individual Pharmacy Affiliate, their policies in relation to acceptance or otherwise of private prescriptions, delivery of private prescriptions, opening hours or availability. We receive no remuneration for prescriptions from Pharmacy Affiliates;

b. For the purposes fulfilling your prescription and verifying your identity on collection or delivery of your medication, you authorise DCA to share your prescription and contact data with the Pharmacy Affiliate, taking all reasonable steps to protect your personal information. The Pharmacy Affiliate will contact you directly to process the prescription including confirmation of your details and taking payment from you for the medications prescribed and arranging delivery where applicable.

c. In instances when the Pharmacy Affiliate services are not appropriate or not available a prescription can be sent to a local pharmacy for similar processing of delivery or collection.

7.3.6 It is your responsibility to choose your preferred fulfilment method. As soon as your prescription is published, you can log into your account to make your choice.  We cannot arrange your prescription until you have done this and as such cannot be held accountable for any delays.

7.3.7 Private prescriptions are always chargeable to the patient. The dispensing pharmacy determines the price of the medication for which we have no involvement and receive no commission.

7.3.8 You acknowledge that you and the dispensing pharmacy are solely responsible for arranging to receive medication and paying for such medication and delivery (where a delivery service is used) on such terms that you agree with the pharmacy that dispenses the medication. You are under no obligation to purchase any prescribed medication. We shall not be responsible for ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed.

7.3.9 You will comply with any instructions given in relation to any prescription provided to you including and in particular route, timing and dosages. We are not responsible for any instructions in relation to the medication provided by a pharmacist or anyone else associated with the provision of medication you have been prescribed.

7.3.10 You will promptly report any side effects of any prescription to a doctor.

7.3.11 You will protect anything prescribed to you and not permit any other person access to the prescribed medication.

7.3.12 You will not use any prescription after its expiry date.

7.3.13 DCA Medical Practitioners are unable to provide private repeat prescriptions for ongoing conditions. Our Medical Practitioners may be able to provide a short-term supply of such medication but will direct you back to your regular doctor as appropriate to seek further prescriptions for the same medication.

7.3.14 You are advised to inform your GP of any medication changes advised by a Medical Practitioner.

7.4 Referrals and Fit Notes

7.4.1 Subject to your agreement, Doctor Care Anywhere can provide referrals to a (or multiple) specialists and private in person GPs where clinically appropriate and suitable. DCA Medical Practitioners will always make best efforts to ensure the most appropriate referral and recommendation is made.

7.4.2 DCA referrals do not specify a named individual consultant but are made on an 'open referral’ basis specifying the appropriate medical specialty.

7.4.3 Where you are a member of a Healthcare Scheme or hold private medical insurance cover for which we are affiliated, we can, with your explicit consent, send your Referral Approval Request to your provider’s appointment team to call you to advise you whether your referral is eligible under the terms of your Healthcare Scheme or insurance policy (as applicable), and where eligible, find and book a specialist convenient for you.

7.4.4 DCA cannot advise if a claim will or will not be accepted by your Healthcare Scheme or medical insurance provider. It is the responsibility of the patient to discuss claim options with their insurer if appropriate.

7.4.5 Your consulting Medical Practitioner can supply a statement of fitness for work, known as a “Fit Note” where clinically appropriate, up to a maximum of six weeks, in two-week increments.

7.5 Keeping your GP informed

7.5.1 We strongly recommend that your medical information is shared with your regular GP.

a. In the UK we can share this on your behalf, however, we will not share information unless we have your express permission or there is a risk of harm or an overriding public interest in disclosing the information without your consent. This is in accordance with applicable laws and the General Medical Council's guidance which may from time-to-time change.

b. If you reside in any other jurisdiction, we strongly encourage you to download your appointment notes and share with your regular GP.

7.5.2 As we explain in our Privacy Policy, we take all reasonable steps to ensure that the personal data we hold about you is correct and not misleading. However, we are also reliant upon you providing us with correct data and keeping this up to date, including the information of who your current registered GP is.

7.5.3 To the extent permitted by applicable law, DCA has no responsibility and does not accept any liability arising from or in connection with incorrect data entered by you, or your appointment notes being sent to the wrong GP, as a result of you providing us with incorrect data that we deem it reasonable to rely upon as accurate.

7.5.4 In addition to and without effecting clause 7.5.2 above, we may also check from time to time your information held on the PDS (if applicable) to update your current GP and Healthcare Number and take any other steps we deem reasonably necessary to ensure so far as possible that the data we hold about you is correct and up to date. 

7.5.5 Where you ask us to do so or as otherwise set out in clause 7.5.1 we will do everything reasonably possible to share your medical notes with your GP. However, if your GP does not accept your notes for any reason, we will inform you, and you may need to share your notes directly. Doctor Care Anywhere will not be liable for any losses incurred or suffered by you or any third party - e.g. family member, as a result of a GP refusing to accept or process the medical notes we hold about you.

7.6 Primary care diagnostic investigations

7.6.1 Doctor Care Anywhere cannot provide referrals to, or signpost for, diagnostic tests for the purpose of primary care investigations.

7.6.2 Doctor Care Anywhere does not permit you to use unauthorised DCA documents as a request for investigations. We cannot be held responsible or liable for receiving or acting upon any results that come from these tests.

7.6.3 Where you upload diagnostic tests results to the Platform, these will not be routinely reviewed and DCA cannot be held responsible or liable for acting upon these results. Where you bring these results to the attention of the consulting Medical Practitioner, they may, in their own clinical judgement use those results to inform their clinical opinion and resulting advice.

7.7 Specialist referrals with diagnostic investigations as a benefit

7.7.1 Where your Healthcare Scheme includes specialist referrals with diagnostic investigations as a benefit, we can make specialist referrals for a range of conditions, for which private diagnostic investigations are required. These include pathology (e.g. blood tests, urine), radiology/imaging (e.g. x-ray, ultrasound scans, MRI) and cardiology (e.g. ECG, angiography) supplied by a third-party provider (“Provider”).

7.7.2 Diagnostic tests as a benefit are only available to Adults over the age of 18.

7.7.3 With your explicit consent, we will manage your care journey into specialist care and will submit your claim for approval to your Healthcare Scheme.

a. On claim approval, we will share with the Provider, your personal information, including the medical information required by the Provider, via the Provider order form. The Provider will contact you to book an appointment at a convenient time for the diagnostic tests to be performed.

b. If your claim in not approved, you will be discharged. As necessary, a new appointment can be booked to speak to a DCA Medical Practitioner to discuss your care options.

7.7.4 Following your Provider appointment, your results will be sent to us where a DCA Virtual Specialist will review your appointment notes, medical history, and test results. The DCA Virtual Specialist will use this information to write a report detailing their recommendations. No in-person assessment will be carried out for the purpose of this report and the recommendations will discussed with your DCA Medical Practitioner.

7.7.5 You will be informed that your results are ready, and you will be able to book a follow up review appointment with a DCA Medical Practitioner, where your options will be discussed.  These may include:

a. An onward referral to an in-person specialist for the next phase of your care;

b. A recommended self-management care plan based on recommendations from the DCA Virtual Specialist and agreed with a DCA Medical Practitioner; or

c. Discharge.

7.7.6 If an onward referral is required, we will again submit your claim to your Healthcare Scheme for authorisation to proceed to the next stage of your secondary care.

a. On claim approval, your Healthcare Scheme will book your specialist appointment and inform us of the in-person specialists contact details. We will arrange for your appointment notes, referral letter, DCA Virtual Specialist report and diagnostic results to be securely transferred to the in-person specialist. At which point you will be discharged by the DCA Medical Practitioner and your care will be managed by the in-person specialist.

b. If your claim in not approved, you will be discharged. As necessary, a new appointment can be booked to speak to a DCA Medical Practitioner to discuss your care options.

8. Important information about your data

8.1 All information (including personal data) collected and supplied by you to Doctor Care Anywhere will be treated as confidential and only processed to provide the Services and/or as described in this section and our Privacy Policy. Please take the time to read these as they include important terms that apply to you and are integrated into these Terms.

8.2 As set out in our Privacy Policy, for the purposes of the Data Protection Laws, Doctor Care Anywhere is a data controller of your personal data.

8.3 Where you are receiving the Service through a Healthcare Scheme, we may disclose some information to the Healthcare Scheme as set out in this clause 8 and if there are specific rules for the Healthcare Scheme, in Schedule 1.

8.4 For the purpose of managing your Healthcare Scheme entitlements, your basic contact information will be shared between Doctor Care Anywhere and your Healthcare Scheme to verify your eligibility to use the Service, the fact you have registered and/or subscribed. Information may also be shared when you are no longer eligible, registered and/or subscribed.

8.5 For the purpose of our billing your Healthcare Scheme for Services you use, your basic contact information, along with information regarding the Service used, will be shared with your Healthcare Scheme. This will not include any sensitive or medical information without your explicit consent.

8.6 We will not share with any third party any information you share with a Medical Practitioner during an appointment unless, where appropriate and following your review, you explicitly consent to us doing so, for example, in order to facilitate an application for benefit with your Healthcare Scheme, where further medical information may be required to confirm your eligibility for benefit.

8.7 We will make audio and video recordings of your appointment for clinical governance purposes and as a record of your conversation. These recordings are restricted and treated as highly confidential and will be held strictly in accordance with, and as long as required, under applicable laws and our internal policies and procedures.

8.8 In accordance with clause 7.5, if you consent to us sharing your medical information with your GP, DCA will send your appointment notes to the GP practice recorded on your patient record.

8.9 If you believe your consulting Medical Practitioner has made a mistake on any part of your patient record, subject to our Privacy Policy and any applicable Data Protection Laws we may be able to rectify the mistake if confirmed. Please note however that a Medical Practitioner's clinical opinion based on the information you give at the time of the appointment, will not be deemed as incorrect data, and cannot be changed.

8.10 We are required to retain your GP medical records for a specified period of time by law. In the UK, we are required to retain GP medical records for the life of the patient plus 10 years. In Ireland, we are required to retain GP records for a minimum of 8 years after the last contact with the patient.

8.11 We may share aggregated anonymised data with third parties, including Healthcare Schemes, in order to monitor the Service and ensure a consistent quality and safety of Service to patients.

8.12 We may use and may share with Healthcare Schemes anonymised comments, feedback and testimonials left on the Platform or in-patient surveys for Service monitoring purposes and where the patient has consented, for marketing testimonials.

9. When you wish to terminate your relationship with us

9.1 If you decide to fully terminate your relationship with us, you can do so in writing at time using the contact details at the top of these Terms.

9.2 Where you access the Services via a subscription, your termination is also subject to the subscription cancelation terms set out in clause 4.2.

9.3 Where you access the Services via a Healthcare Scheme, you may terminate your relationship with us without this effecting your Healthcare Scheme. Your right to cancel your membership of your Healthcare Scheme is subject to clause 4.1.6.

9.4 When you terminate your relationship with us, you stop being a patient of Doctor Care Anywhere and will lose access to the DCA Platform and Services. We encourage you to download any data which has been created as a result of your use of the Services.

9.5 We will continue to store your data securely, in accordance with our Privacy Policy and Data Protection Laws.

9.6 When trying to access future medical services in any setting, you may not quote Doctor Care Anywhere, or any of its Medical Practitioners names as the referring person. We will not be held responsible or liable for receiving or acting upon any results that are generated from tests that are accessed in this way.

9.7 You are welcome to join us again at any time. To ensure consistency of your patient record, please contact us using details at the top of these Terms to arrange for your account to be re-activated.

10. Your compliments, comments, and complaints

10.1 We welcome all feedback and encourage you to reach out to us at any time using the contact details at the top of these Terms. You will also have an opportunity to feedback on your experience following your appointment.

10.2 If you have a complaint, we will always endeavour to resolve the issue quickly, often at the time that they arise.

10.3 In the event that you would like to make a formal complaint, please do so as soon as possible. This enables us to investigate and resolve your concerns more effectively. However, you may submit a complaint within 12 months of an incident.

10.4 We will best understand your complaint if it is made in writing using any of the contact us methods listed at the top of these Terms. You should be specific and concise and always include your full name, date of birth, address and complaint details.  However, you are also welcome to make your complaint verbally to any DCA employee or Medical Practitioner who will raise it on your behalf.

10.5 If the complaint concerns a clinical issue, we will ensure that the DCA clinical leadership team will deal with your concerns promptly and in the correct way.

10.6 If you are not the patient, but complaining on their behalf, you must have their permission to do so, however we may seek written consent from the person affected to share information relating to the complaint with you.

10.7 We will acknowledge your complaint within 3 working days of receipt and will aim to have fully investigated it within 20 working days from the date it was received. Any delays will always be communicated with you.

10.8 When we look into complaints, we will investigate the circumstance; make it possible for you to discuss the circumstances and problem with those concerned; ensure you receive an apology if appropriate and take steps to ensure the problem does not occur again.

10.9 You will receive a final letter setting out the result of any investigation.

10.10 If your complaint contains topics that are regulated by a Healthcare Scheme, we may be obliged to engage your Healthcare Scheme in the resolution of your complaint.

a. These complaints are known as Healthcare Scheme Complaints.

b. Additional terms for Healthcare Scheme Complaints may also be documented in Schedule 1.

c. We will notify you if your complaint contains topics regulated by your Healthcare Scheme.

d. These topics will never contain clinical or DCA Service-related information. Identifiable information relating to these topics will never be shared with your Healthcare Scheme without your explicit consent.

11. Changes to these Terms and/or Privacy Policy

11.1 We have the right to amend, remove or vary our Services and/or any part of the Platform, including these Terms and/or our Privacy Policy from time to time in the following circumstances:

a. changes in relevant laws and regulatory requirements; and

b. where we in our discretion deem a revision necessary or desirable and notify you of such a revision.

11.2 If we make a revision to these Terms and/or our Privacy Policy, we will notify you of such revision when you next access the Platform or via email. Your continued use of the Platform and Service will be deemed acceptance of such revised Terms and/or our Privacy Policy, and it is your responsibility to ensure you are content to contract on such Terms at the point of transaction or use.

12. Our liability

12.1 Nothing in these Terms shall limit or exclude our liability to you for:

a. death or personal injury caused by our negligence;

b. fraudulent misrepresentation; or

c. in the UK only, a breach of terms implied by the Consumer Rights Act 2015.

12.2 DCA has no liability for the quality or type of service or goods provided by any third party it may mention, or which may be linked on the Platform.

12.3 We are not responsible for delays outside our control. If our supply of the Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the supply of Service to you or to cancel an Appointment and, if you are a Pay As You Go Member, receive a refund for any Appointments you have paid for but not received.

12.4 We are responsible to you for foreseeable loss and damage caused by us. 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 these Terms 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 of making an Appointment, both we and you knew it might happen, for example, if you discussed it with us during the Appointment process.

12.5 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.

12.6 Subject to this clause 12, our total liability for losses you suffer arising from or in connection with the use of the Platform or the Service shall be no greater than £1,000,000.

13. Other things you should know

13.1 The Platform

13.1.1 While every effort is made to avoid interruptions or unavailability with strict performance, security and quality controls and monitoring in place, we are unable to guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis.

13.1.2 We do not guarantee that the Platform will be free from bugs.

13.1.3 You are responsible for making all arrangements necessary for you to have access to the Platform, including but not limited to an internet connection and that your device meets the necessary technical specifications to enable you to access and use the Platform.

13.1.4 Any medical information given on the Platform whether written, stated, or implied, is for information purposes only. The information is provided "as is" and without warranty of any kind by Doctor Care Anywhere.

13.1.5 Performance statistics and user/patient feedback cited on the Website are based on Doctor Care Anywhere reporting in-house or third-party surveys and are subject to change without notice.

13.1.6 By using the Platform and Service, you agree that any information you provide is true and accurate, is not misleading, and is offered in good faith.

13.1.7 You are only permitted to access the Platform and use the Service for domestic and private use. You agree not to use the Service for any commercial, business or re-sale purpose.

13.1.8 You can control your consent to receive marketing materials and communication preferences for engagement emails in your profile, however by signing up to these Terms and registering on the Platform, you agree to receive important Service messages by email and/or text message which will contain important information about your appointments, the Platform and the Services.

13.1.9 If you wish to make any use of content on the Platform other than that set out in our Acceptable and Fair Use Policy, please contact us.

13.1.10 Where the Platform contains links to other websites, services and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and we accept no responsibility for your use of such websites, service or resource.

13.1.11 Where the Platform uses third parties to provide the Services or part of the Services on our behalf, you may provide personal data to such third parties and be subject to the terms and privacy policy of that third party. We will notify you if this is the case in these Terms or our Privacy Policy. Doctor Care Anywhere does not accept any responsibility or liability for the terms and policies of the third parties.

13.2 Changes to the Platform

13.2.1 We may update the Platform from time to time and may change the content and Service offered through it at any time, to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Service. We will not make any changes to the Service, which will adversely affect you, without notifying you first.

13.2.2 While every effort is made to avoid errors or omissions with strict performance, security, quality controls and monitoring in place, we are unable to guarantee that the Platform, or any content on it, will be free from errors or omissions.

13.2.3 Any feedback information provided on the Platform may be used by Doctor Care Anywhere to improve the quality of our Service.

13.3 Your account and password

13.3.1 When you register on the Platform, your email address will be your username, you will create a password, and may receive other pieces of information as part of our security procedures. You must treat such information as confidential and must not disclose it to any third party.

13.3.2 We have the right to disable any username or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

13.3.3 If you know or suspect that anyone other than you has knowledge of your password, you must promptly change your password and notify us immediately.

13.4 Other legal and regulatory terms

13.4.1 Doctor Care Anywhere is regulated by the Care Quality Commission ("CQC") in the UK. Further details of our registration can be found on the Care Quality Commission website.

13.4.2 You may not transfer or assign any or all of your rights or obligations under any these Terms.

13.4.3 All notices given by you to DCA must be given in writing to the address set out in the contact section of these Terms. We may give notice to you at either the email or postal address you provide to us when registering on the Platform.

13.4.4 If we fail to enforce any of our rights, that does not result in a waiver of that right.

13.4.5 If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

13.4.6 The Platform is the property of DCA and you have no right to modify, reproduce, copy, or otherwise exploit it or any portion of it and any unauthorised use will automatically terminate your right to use it.

13.4.7 All material contained on the Platform (including names, trademarks, wordmarks, logos, pictures, diagrams and look-and-feel) is the property of DCA and/or its partners or licensors. Nothing contained on the Platform or made available through the Service should be construed as granting any licence or other right of use without the express written permission of DCA and as applicable its partners or licensors.

13.4.8 These Terms are governed by the laws of England and Wales and we submit to the non-exclusive jurisdiction of the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Service in either the courts of Scotland, England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the courts of Northern Ireland, England and Wales. If you live in Ireland, you can bring legal proceedings in respect of the Service in the courts of Ireland.

Schedule 1 – Healthcare Scheme terms

1.1 General Terms 

1.1.1 If you receive the Service via AXA Health, these terms also apply.

1.1.2 The “AXA Health Group” for this purpose is AXA Health Limited (“AXA Health”), its holding company and all subsidiaries of its holding company including (but not limited to) AXA Health Group Limited, AXA Health Insurance Limited, AXA Health Services Limited.

1.1.3 Doctor@Hand is the AXA Health brand name for Doctor Care Anywhere, delivering the Service to AXA Health Group customers on behalf of companies within the AXA Health Group by Doctor Care Anywhere Limited.

1.1.4 AXA Health is the provider of your private medical insurance plan, of which access to the AXA Doctor@Hand Service forms an integral part.

1.1.5 AXA Health terms can be found in your AXA Health handbook. In the event of any inconsistency or conflict between the AXA Health handbook and these Terms, these Terms shall take precedence.

1.1.6 The information transferred to AXA Health as defined in clause 8.4 will not be used by any company within the AXA Health Group to adversely impact your current or future insurance underwriting, premium or cover eligibility.

1.1.7 Information on the best way to contact AXA Health can be found on their websites Contact Us page.

1.1.8 If you do not know your activation code or the code you have does not work, please contact DCA using their contact details at the top of these terms. If your details can not be found, DCA at their discretion, may give you temporary code to activate your Services with limited entitlements.

a. DCA will pass basic contact information to AXA Health to confirm your eligibility.

b. If your eligibility is confirmed, you will receive the entitlements as per your AXA Health policy.

c. If your eligibility can not be confirmed, your access to the Services via the Healthcare Scheme will be cancelled. Your continuing use of the Services will be on a PAYG basis as set out in clause 4.3 of these Terms.

1.1.9 Where you access the Services via PAYG or a subscription (defined in clauses 4.2 and 4.3) using a promotion offered by a company within the AXA Health Group, your use of the Service shall also be subject to and in accordance with the terms of that offer.

1.2 AXA Health regulatory complaints 

1.2.1 When you (the “Complainant”) express dissatisfaction or raises a complaint to DCA regarding your AXA policy or access to the Services (“Healthcare Scheme Complaint”), you acknowledge that AXA Health has responsibilities to their regulator the Financial Conduct Authority and to you the Complainant, in how the Healthcare Scheme Complaint is managed and resolved.

1.2.2 AXA Health authorises DCA to resolve a Healthcare Scheme Complaint on their behalf, at the initial point of contact or within 3 (three) business days from its receipt.

1.2.3 If your complaint also regards non-AXA Health regulatory topics, such as Clinical or DCA Service-related issues (“DCA Complaint”), we will manage your complaint in two parts.

1.2.4 DCA will never share in an identifiable way, your DCA Complaint with AXA Health without your explicit consent.

1.2.5 DCA shall notify by way of sharing your basic contact information, AXA membership number and Healthcare Scheme Complaint summary, with AXA Health, following resolution of a Healthcare Scheme Complaint. This allows AXA Health to comply with its obligations under applicable laws and regulations, including dispute resolution and issuing a summary resolution communication.

1.2.6 DCA shall escalate by way of sharing your basic contact information, AXA membership number and Healthcare Scheme Complaint summary, with AXA Health, if your Healthcare Scheme Complaint is not resolved within 3 (three) business days. DCA shall notify you of this escalation and provide the contact details for AXA Health’s Complaint Resolution Department.  More information can be found on AXA Health’s website.

1.2.7 DCA shall ensure it has the necessary legal basis to transfer the Complainant’s information to AXA Health. More information can be found on the DCA Privacy Policy.

1.2.8 You can escalate your Healthcare Scheme Complaint to AXA Health at any time, using the contact details in Schedule 1 clause 1.1.7.

Schedule 2 – Acceptable and Fair Use Policy

Doctor Care Anywhere is committed to providing an excellent Service to all our patients by ensuring that use of the Service and Platform is both acceptable and fair.  This gives us the confidence that our Medical Practitioners are available when our patients need them, and able to deliver our Service safely and efficiently.

 

Our Acceptable and Fair Use Policy is designed to prevent fraud and abuse of the Platform and/or DCA Service, by setting out the rules we expect you to follow.

Fair use rules

We are here to help, but we also reserve the right to deny access to the Platform or the Services on a temporary or permanent basis, in the event of and in our reasonable opinion, that:

• you have made excessive use of the Services. Excessive use is determined on a case-by-case basis as determined by DCA, and may include, but not limited to:
  • 5 or more appointments in a calendar month;
  • cancelling an unreasonable number of appointments, within 12 hours of the scheduled appointment time;
  • failure to attend an unreasonable number of appointments without prior notice; or
  • booking repeat appointments which are not clinically appropriate.
• your medical history is considered to be too complex for remote assessment and management, or your needs are considered to be more than we can safely treat;
• you have been abusive or have acted inappropriately to any Medical Practitioner, employee, partner or agent of DCA. Inappropriate acts include, without limitation:
  • inappropriate, abusive, offensive or fixative behaviours or remarks;
  • time-wasting, which shall include cancellations as defined in these Terms.

Acceptable use rules

You are not permitted to (or permit anyone else to):

• use the Platform or Services in any way or for any purpose that is fraudulent, unlawful or inappropriate;
• use the Platform or the Services to cause or attempt to cause harm to others in any way. For example, but not limited to, Children, Young People or vulnerable adults;
• use the Platform or Services under a false identity or identity of a different patient;
• allow another person to access or use your account, username or password, unless:
  • they are an authorised Child or Young Person on your account receiving care in confidence;
  • they have an appropriate legal document to help you make decisions or to make decisions on your behalf. For example, a lasting power of attorney;
• upload or provide any information to the Platform in breach of any:
  • third party’s intellectual property rights;
  • obligation of confidentiality; or
  • contractual duty owed to any third party.
• market, promote or solicit the Platform or Services, unless authorised by these Terms;
• establish a link to our website or Platform in such a way as to suggest any form of association, approval, or endorsement on our part where none exists, and you must not establish a link in any website that is not owned by you;
• to frame our website or the Platform on any other website, nor may you create a link to any part of the Platform other than the home page; or
• misuse the Platform by:
  • knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempting to undermine the security or integrity of the Platform, networks or computing systems;
  • attempting to tamper, hack, spoof, copy, modify or otherwise corrupt or to gain unauthorised access to the Platform, the servers on which the Platform is stored, or any server, computer or database connected to the Platform;
  • attacking the Platform via a denial-of-service attack or a distributed denial-of service attack;
  • attempting to harvest or collect data about any other individual who uses the Platform;
  • using robots or scripts with the Platform;
  • posting or transmitting any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane;
  • attempting 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 the Platform.

 

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them.

 

You agree:

• to represent yourself honestly and in good faith and not make false claims;
• to have appropriate and up to date anti-virus and anti-spyware software running on your device;
• that you are responsible for configuring your information technology, computer programmes and hardware in order to access the Platform.
• that if you link to our website or Platform, you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

We respectfully request that you:

• attend your appointments in a quiet, secure location so that you and your Medical Practitioner can consult with minimal distractions;
• should be appropriately dressed for video consultations; and
• wait for instruction from your Medical Practitioner where further examination is required by webcam, when your Medical Practitioner will request for this with your consent.

Breach of this acceptable and fair use policy

When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

 

Failure to comply with this Policy constitutes a material breach of our Terms upon which you are permitted to use our Platform and Services, and may result in our taking all or any of the following actions (at our sole discretion):

• Issue of a warning to you;
• Suspension or termination of your contract for the Services.
  • 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;
• 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;
• 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.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
• Further legal action against you.

 

We exclude our liability for all action we may take in response to breaches of this Acceptable and Fair Use Policy.

 

The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Schedule 3 – Defined Terms

App: DCA application installed on a smartphone or mobile device such as Android, iPhone or iPad.

Child / Children: means your child for which you have parental responsibility or Legal Guardianship for under the age of 18.

CQC: The Care Quality Commission is an executive non-departmental public body of the Department of Health and Social Care of the United Kingdom. It was established in 2009 to regulate and inspect health and social care services in England.

Data Protection Laws: (a) To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; and (b) to the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the patient is subject, which relates to the protection of Personal Data.

DCA Virtual Specialist: DCA Specialist who reviews diagnostic results virtually to prepare a report and onward care plan, following a referral into secondary care.

Family Member: means an adult, or a child for which you have parental responsibility or Legal Guardianship for, in your family.

Fit Note: An official written statement from a Medical Practitioner giving their medical opinion on a person's fitness for work.

Healthcare Number: A unique number given to a patient to identify them in the public healthcare system of their jurisdiction.  For example, England and Wales use the NHS number, Scotland use the Community Health Index Number (CHI number) and in Northern Ireland the Health and Care Number (H&C number).  Some jurisdictions may not have a national number system, with each GP and hospital having their own reference system.

Healthcare Scheme: A partner organisation who purchases DCA Services on behalf of their members, customers, patients, employees or other such persons.  For example, as part of an insurance policy with an insurer; a benefit in an employee scheme from an employer; a benefit via a hospital or other health provider; or an organisation membership scheme with organisations such as retailers.

LPA: A lasting power of attorney is a way of giving someone you trust, your attorney, the legal authority to make decisions on your behalf if you lose the mental capacity to do so in the future, or if you no longer want to make decisions for yourself.  For access to your medical records or to make medical decision on your behalf a health and welfare LPA is required.

Medical Practitioner: A qualified person who works for DCA as a doctor, advanced nurse practitioner, pharmacist, mental health therapist or paramedic.

PAYG: When you access the Services on a pay as you go basis, self-paying per appointment.

PDS: The NHS Patient Demographic Service is the UK national electronic database of NHS patient details such as name, address, date of birth and Healthcare Number (known as demographic information).

Pharmacy Affiliate: A pharmacy who has partnered with DCA to dispense your medication by delivering it direct to your door

Platform: The technology we use to deliver our Services as described in clause 1.4.

Provider: DCA partners offering diagnostic investigations. These include pathology (e.g. blood tests, urine), radiology/imaging (e.g. x-ray, ultrasound scans, MRI) and cardiology (e.g. ECG, angiography).

Referral Approval Request: A supporting document for your referral which includes your personal and relevant medical data required for your claim to be approved.

Service: The Services offered by Doctor Care Anywhere as described in clause 3, What we mean by our Services.

Young Children: means a younger Child who lacks / potentially lacks maturity and understanding. This makes it harder for them to make important decisions for themselves.  DCA Medical Practitioners will assess the Young Childs capacity to make decisions during each appointment.

Young Person / People: means an older or more experienced Child. This group is likely to be able to make decisions for themselves.