The following terms govern how you can use Doctap, so we would ask you to read them carefully. If you have any questions relating to the terms, you can contact us at firstname.lastname@example.org.
THE TERMS AND INTERPRETATION
The following words will have the following definitions in these Terms:
"Appointment" means a Clinic Visit or Home Visit;
"Appointment Fee" means the fee payable by you for the Medical Services;
"Clinic Visit" means an appointment with a Doctap GP at a Doctap Clinic for the purpose of providing a non-emergency medical consultation;
"Doctap Clinic" means the premises selected by you in a Booking for a Clinic Visit;
"Doctap GPs" mean general practitioners registered with Doctap;
"Doctap Services" means the provision of the Doctap software to you;
"Home Visit" means a visit by a Doctap GP to your Residence for the purpose of providing a non- emergency medical consultation;
"Medical Services" means the medical services provided to the Patient by a Doctap GP during an Appointment;
"Patient" means the person designated as such in your Booking, who requires a consultation with a Doctap GP;
"Booking" means a booking by you for an Appointment;
"Residence" means the location selected by you for a Home Visit to take place; and
"Services" means the Doctap Services and any Medical Services you receive (or a Patient receives).
References to clauses (unless otherwise provided) are references of the clauses of these Terms. Words in the singular include the plural and in the plural include the singular. A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. References to “including” and “include(s)” shall be deemed to mean respectively, “including without limitation” and “include(s) without limitation”.
ACCEPTING THE TERMS
In order to make use of Doctap, you must first agree to these Terms. You may not use Doctap if you do not accept these Terms. You may agree to these Terms either:
by using or accessing Doctap; or
by agreeing to these Terms where the option is made available to you.
You agree that we may modify these Terms from time to time without notice. We recommend that you review these Terms on a regular basis. You understand and agree that any use by you of Doctap following changes having been posted by us, will be deemed acceptance of such changes.
To be eligible to use Doctap you must be 16 years of age or older. You must not use Doctap if you are younger than 16 years old.
USE OF DOCTAP BY YOU
In consideration for you agreeing to fully comply with and be bound by these Terms, we grant you a non-exclusive, non-assignable, non-transferable, non-sub-licensable licence to use Doctap solely and strictly for your own personal (save as provided at clause 3.2 below), non-commercial use for the sole purpose of making a Booking for an Appointment.
If the Patient is not you, you may only make a Booking on Doctap for that Patient, if:
the Patient is under the age of 16 years old;
you are the parent or guardian of that Patient;
the option to do so has been made available to you on Doctap;
you have notified us that you are not the Patient; and
the Patient has been registered with Doctap in accordance with clause 4;
you belong to an organisation with which DocTap has an organisation account and you are authorised to book appointments on behalf of the Patient.
You agree not to access (or attempt to access) any part of Doctap by any means other than through the interface provided by us. You specifically agree not to access (or attempt to access) any part of Doctap through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers. You agree that you will not (a) take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) (save to the extent permitted by governing law) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of Doctap without prior written consent from us; (c) interfere or attempt to interfere with the proper working of Doctap or any activities conducted via Doctap; (d) bypass any measures we may use to prevent or restrict access to Doctap; and (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code in Doctap.
You agree that you will not engage in any activity that interferes with or disrupts Doctap or the servers and networks that are connected to Doctap.
In order to use Doctap, you will be required to set up an account (“User Account”). To do this, you will need to provide us with information relating to you, including your name and contact details and you may also wish to provide us with contact details of your usual GP (any such details provided by you to us, “User Details”).
If (in accordance with clause 3.2) you want to make a Booking for a person on your User Account other than yourself, you will also need to register that individual with Doctap. Any information that you provide to us in respect of any such individual shall be deemed to be included in the definition of User Details for the purposes of these Terms.
represent and warrant to us that:
any and all User Details provided by you are true, accurate and complete; and
you have all the necessary consents and/or authority to provide us with the User Details;
undertake to notify us promptly of any changes to any User Details; and
agree not to impersonate any other person or entity or use a false name.
You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with your User Account. Accordingly, you agree that you are solely responsible to us for all activities that occur under your User Account, as determined, noted, or recorded by us. Such determination, notation and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein to which they attest.
You grant us the right to access your User Account for the purposes of provided Doctap, monitoring, improvement or upgrade.
If you become aware of any unauthorised use of your password or your User Account, you agree to notify us immediately at: email@example.com.
In order to use Doctap, you may be required to disclose to us personal data (which term shall include sensitive personal data) relating to data subjects (personal data and data subjects each as defined in the Data Protection Act 1998). In the event that you do so disclose such personal data to us:
in relation to any personal data relating to someone else, you warrant and represent to us that you have secured all consents and permissions, and have taken all actions necessary, as may be required by applicable law for the purposes of storage by us of any such data relating to third parties in the provision of Doctap; and
in relation to any personal data relating to you, you consent to the use of such personal data;
You will only be able to make a Booking for an Appointment if you have set up a User Account. To make the Booking, you will need to provide us with the information that we request (any such information, “Booking Details”), which may include the following:
details of the card that you will use to pay for the Medical Services, (“Card Details”);
the symptoms of the Patient;
for Clinic Visits, you will need to select the time and date when you would like the Appointment to take place (such details, the “Appointment Date”), as well as the Doctap Clinic you would like to attend; and
You represent and warrant to us that:
any and all Booking Details provided by you are true, accurate and complete;
you have all the necessary consents and/or authority to provide us with the Booking Details;
Once you have submitted a Booking, you may not be able to change the Booking Details.
In relation to any Appointment,
to be present at the Doctap Clinic (with the Patient if you are not the Patient) for the Appointment in time for the start of the appointment;
if the Booking has been made in respect of a child, to be present at all times with the child throughout the Appointment; and
you shall not (and procure that no other person present with you at the Appointment shall):
use any abusive language to any Doctap GP;
act (or allow any person present with you, including the Patient to act) in any manner which is or which could reasonably be considered to be, intimidating or aggressive; and/or
You acknowledge and agree that if you are in breach of clause 6.4 above, a Doctap GP will be entitled to refuse to provide you with the Appointment and neither we nor the Doctap GP will have any liability to you in respect of withholding any services and the cancellation clauses set out in clause 7 below shall apply as though you had cancelled the Appointment immediately prior to it taking place.
You acknowledge that, as part of the Appointment, the Doctap GP may take a note, recording the symptoms and any advice given. Such records may be processed by us on behalf of the Doctap GP and, with your consent, transferred to the Patient’s usual doctor.
THE PURPOSE OF DOCTAP IS TO ENABLE YOU TO BOOK APPOINTMENTS WITHIN A SHORT TIMEFRAME. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHTS TO CANCELLATION OF YOUR BOOKING OTHER THAN AS SET OUT IN THESE TERMS.
IF YOUR BOOKING IS CANCELLED 4 HOURS OR LESS BEFORE THE APPOINTMENT, YOU WILL NOT BE ENTITLED TO ANY REFUND;
IF YOUR BOOKING IS CANCELLED MORE THAN 4 HOURS BEFORE THE APPOINTMENT, YOU WILL BE ENTITLED TO A FULL REFUND;
In relation to any Appointment for a Clinic Visit which has been confirmed in writing by us:
if for any reason whatsoever we have to cancel your Appointment, you will receive a full refund of the Appointment Fee;
You acknowledge and agree that this clause 7.5 shall be your sole remedy in relation to any cancelled Appointment for a Clinic Visit.
When you make a Booking, you will be notified of the Appointment Fee and the maximum length of the Appointment to which you are entitled. The Appointment Fee will be payable when you make your Booking. The Appointment Fee may change from time to time, so you should always check the Appointment Fee carefully before making a Booking.
We use a third-party payment processor to take payments from you for the Fees (“Payment Services””). The processing of any such payments will be subject to that third-party’s terms of service and privacy policies. We cannot accept any liability for any damages (whether direct or indirect) caused as a result of the provision of the Payment Services.
THIRD PARTY CONTENT
Content from third parties may from time to time be displayed on Doctap, including advertisements and links to third party Websites (any such content, “Third Party Content”). To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, special, incidental loss or damage which may arise in respect of your use of or reliance upon any Third Party Content.
We do not endorse any Third Party Content, nor do we have a duty to moderate any Third Party Content. Any use of or reliance upon such Third Party Content is at your sole risk. You expressly understand and agree that we do not make any express or implied representations or warranties to you in relation to any such Third Party Content, including fitness for purpose, infringement or merchantability.
You acknowledge that we own or licence all legal rights, title and interest in and to Doctap, including any intellectual property rights which subsist in Doctap (whether those rights happen to be registered or not, and wherever in the world those right may exist) and that all intellectual property rights in the Services (including source code in the Software) belong to and shall remain vested in us (or where relevant our licensors). Nothing in these Terms shall confer on you any right, title or interest in any intellectual property rights (except the rights of use set out in these Terms).
You agree not to use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary notices (including copyright and trademark notices) which may appear in or be held within Doctap.
In the event that your use of Doctap, if used in accordance with these Terms, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify Doctap so that it is no longer infringing or obtain for you the right to continue using Doctap. This therefore constitutes your sole remedy in relation to any such infringement.
We may at any time disable your User Account, and/or terminate this Agreement, at our sole discretion, and with you with no liability to you, if:
you materially breach, or we have grounds to suspect that you have materially breached any provision of these Terms (or act in a manner which we believe shows that you do not intend to, or are unable to comply with these Terms). For the avoidance of doubt, any breach of clauses 6 and/or 8 shall be considered to be a material breach;
we are required to do so by law;
you become bankrupt or insolvent, or unable to pay your debts within the meaning of the insolvency legislation applicable to you; or a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such appointment are filed with any court; or the ability of your creditors to take any action to enforce your debts is suspended, restricted or prevented or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or any process is instituted which could lead to your assets being distributed to your creditors, shareholder or other contributors; or;
the provision of Doctap is, in our sole opinion, no longer commercially viable.
Provided that there are no outstanding Bookings linked to your User Account, you may terminate this Agreement at any time by disabling your User Account.
On termination of this Agreement, the following clauses shall apply:
the licence granted under clause 3.1 shall immediately terminate;
you shall immediately pay any outstanding sums due in connection with your use of Doctap;
all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and in particular the provisions of clauses 3.3, 3.4, and 10 - 14 shall survive termination of this Agreement; and
we reserve the exclusive right and prerogative to retain, maintain, archive, protect, use or store any personal data or such information as we may receive from you, without regards as to time or duration, as is strictly necessary to comply with our legal obligations, resolve disputes and enforce agreements.
LIMITATION OF LIABILITY AND INDEMNITY
Nothing in these Terms, including this clause 12 shall exclude or limit any warranty or liability to the extent that the same may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by its negligence.
In respect of your use of Doctap, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms (including implied warranties and conditions of or merchantability, fitness for a particular purpose and non-infringement) and no advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees or personnel, or through or from your use of Doctap shall create any warranty not expressly stated in these Terms.
Any condition, warranty, representation or other terms concerning Doctap, which might otherwise be implied into or incorporated in these Terms, or whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
While we will use every effort to ensure that Doctap is available to you, you expressly understand that some of the functions of Doctap rely on an internet connection being sustained and the appropriate equipment being maintained. As such, you expressly understand and so agree that your use of Doctap is ‘as is’ and ‘as available’. In particular, we do not represent or warrant to you that:
your use of Doctap (including such use in conjunction with any other software) will meet your requirements, or that your use of Doctap will be uninterrupted, timely, secure or free from error defects in the operation or functionality of Doctap;
that defects in the operation or functionality of Doctap will be corrected, rectified or remedied; and/or
any information obtained by you as a result of your use of Doctap will be accurate or reliable.
Any material downloaded or otherwise obtained from or accessed through your use of Doctap is done so at your own discretion and risk, and you will be solely responsible for any damage, loss or prejudice to your computer system or other device or loss of data that result from the download or access of any such material.
You expressly understand and agree that we and our licensors shall not be liable to you for:
any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of your use of Doctap and/or its non-availability;
loss of profit, business revenue, goodwill and anticipated savings;
any trading or other losses which you may incur as a result of or reliance upon any content on Doctap;
the deletion of, corruption of, or failure to store any content and other data maintained or transmitted by or through your use of Doctap; or
any effect which the use of Doctap may have on any software you use.
Subject to clause 12.1 above, our aggregate liability to you in respect of any loss or damage suffered by you and arising out of or in connection with the use of Doctap by you or any third party shall not exceed £100.
You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with your use of Doctap; that we cannot adequately insure its potential liability to you; and that, accordingly, the exclusions and limitations contained in this clause 11 are reasonable. You also undertake at all times to mitigate any such damage or loss.
You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us, arising out of any breach of this Agreement by you.
You shall not assign, transfer or sub-license any of your rights or obligations under these Terms, other than as expressly provided for in these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Terms.
Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights, nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
We shall not be liable to you in the event that we are unable to perform any of our obligations under these Terms owing to circumstances beyond our reasonable control, including acts of god, governmental actions, an outbreak of hostilities (whether war is declared or not), or in the event of a national emergency or terrorist intervention.
If any part of any provisions of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provisions and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms represent the entire agreement between you and us in relation to the subject matter of these Terms and neither of you nor us has relied upon any statement or representation made by the other in agreeing to enter this Agreement.
LAW AND JURISDICTION
These Terms shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise in connection with these Terms.