BY CLICKING ON THE “ACCEPT” BUTTON ON THE GOGODOC APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR APP AND CLICK ON THE “REJECT” BUTTON BELOW.
YOU MUST BE 18 OR OVER TO ACCEPT THESE TERMS AND USE THE APP.
OUR SERVICES SHOULD NOT BE USED FOR EMERGENCY OR LIFE THREATENING MEDICAL SITUATIONS. IF YOU REQUIRE EMERGENCY TREATMENT YOU SHOULD CONTACT THE EMERGENCY SERVICES BY DIALING 999.
These are the terms and conditions that apply to the Gogodoc mobile application software and the content we provide through it (collectively the “App”) and the services we provide to you.
Please read these terms carefully before using the App or our services. These terms outline who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
The terms are divided into three sections: Part A deals with our provision of medical services, Part B contains terms relevant to your use of the App and Part C contains additional terms applicable to both the App and our services.
Please note that we will seek consent prior to sharing your consultation with your primary care provider. Under certain circumstances we may need to share information with other services without consent as per GMC guidance on confidentiality paragraphs 9-25.
The ways in which you can use the App may also be controlled by the rules and policies of the App store from which you have downloaded it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or because we introduce additional features or services.
We will give you at least 30 days notice of any change by notifying you when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App after the notice period has passed.
WHO WE ARE
We are AskDoc Limited, trading as Gogodoc, of 3 Waterhouse Square, 138 Holborn, London, England, EC1N 2SW. We are a company registered in England and Wales with company number 10608533.
You can contact us by using the messaging functionality in the App or by telephoning us at 0203 371 0995 or by writing to us at email@example.com AND 3 Waterhouse Square, 138 Holborn, London, England, EC1N 2SW.
Part A – Medical Services
WHAT MEDICAL SERVICES WE PROVIDE
You may use the App to provide information about your medical situation and arrange a face to face consultation with one of our doctors at your home, office or other suitable third party location such as a gymnasium, hotel room football ground etc. Our doctors will provide you with advice and information on your medical situation and, depending on your circumstances, may prescribe medication or make a referral.
We are regulated by the Care Quality Commission under number 1-4730533914.
All of our doctors are employed by us, registered with the General Medical Council and thorough checks have been performed to ensure they are fit to work.
As we provide face to face consultations we are only able to provide services in certain locations in the United Kingdom. You can view the current locations within the App.
You will use the App to create an account in order to receive services and book consultations. You are responsible for keeping your account information secure and you must not share your authentication credentials with anyone else. You are responsible for how your account is used and must promptly inform us if you think your account may have been compromised.
You agree to provide us with accurate and complete information about your identity and to keep this information up to date. You acknowledge we may check this information with third parties and if we are not able to verify your identity we will not be able to provide you with certain medical services. We may notify you of additional proof of identity requirements from time to time, including but not limited to having available photographic proof of identity for face to face consultations.
You may request a consultation appointment using the App and our acceptance of your order will take place when we send a message with the appointment time, at which point a contract will come into existence between you and us for the provision of the consultation and associated services.
When you request a consultation appointment you may specify a preference for a male or female doctor. We will do our best to meet your preference, but if we are not able to do so we will contact you at the time of accepting your order to confirm if you wish to proceed.
We may decline your order for good reasons, including:
you requesting a consultation at a location outside the area in which we currently operate; the location you suggest for the consultation is inappropriate; a member of the medical team, acting reasonably, considers it would not be appropriate to provide services to you for medical reasons which we will inform you of; or
your payment method is declined.The doctor feels unsafe to continue as outlined in the lone worker policy.
A full refund will be provided for this consultation.We will try to accommodate the problems by arranging another appointment if possible.
We will arrange for a doctor to attend to you for a consultation at the time mentioned to you during the order process. You agree a confirmed appointment time is a guide only and we may need to change an appointment time due to medical emergencies and other reasons beyond our control. We will notify you of any changes through the App.
When choosing the location of the appointment you should ensure there is an area suitable for a medical consultation and examination which will protect your privacy and confidentiality. Please note this is the responsibility of the patient. A chaperone may attend the appointment as further set out in our Chaperone Policy. There may be a charge for the second visit if a chaperone were to be provided.
If you are not present or we are unable to access the location you have nominated for the consultation (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. Doctor will wait at the pre-agreed location for 15 minutes from the agreed time discussed in the initial phone call of booking.
You must provide us with accurate and complete information about your medical situation, both when responding to our queries using the App and during any face to face consultation.
The doctor performing the consultation will record the outcome, which will be made available to you for review. You must tell us if you think this record is inaccurate in any way. We will not share the content of your consultation with your GP, unless you consent by signing the consent form. We will keep records of consultations as required by applicable law and regulation, but we are not responsible for maintaining your medical records. A copy of your consultation will be sent to you via email.
A doctor may, following a consultation, issue you with a private prescription. This decision will be made by the doctor and based on a medical assessment that the treatment is suitable. You acknowledge the doctor may decide not to issue a prescription.
CANCELLING A CONSULTATION
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running. Also, if you cancel after we have started performing the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
You can exercise your right to cancel a consultation using the form contained in the App. We will notify you using the App if we have started to provide services in relation to the consultation and, if so, what payment will be due if you decide to cancel.
You are able to cancel a consultation if you are unhappy with the doctor who accepts the consultation (e.g. They are known to you). You may still be charged a portion of the fee if the doctor has come to visit you.
The price of a consultation (which includes VAT) will be the price indicated on the App when you request the consultation.
In order to pay for the services you will need to provide payment card details at the time of your order. You must have appropriate authority to use the payment card which you use for payment.
We will not store your payment card details, but rather use a third party payment provider Stripe. You agree to the third party provider using your payment card details in accordance with the terms and conditions available at https://stripe.com/gb/privacy.
You must make an advance payment for the consultation when you place the order.
We license you to use the App as permitted in these terms.
In return for your agreement to comply with these terms you may:
download a copy of the App onto your mobile telephone or handheld device and view, use and display the App on such devices for your personal purposes only.
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
From time to time we may automatically update the App and change the services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the services.
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
ACCEPTABLE USE RESTRICTIONS
not use the App or our services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App;
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App and are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, other than the right to use them in accordance with these terms.
Part C –Additional Terms
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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 you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your device. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App and our services are for domestic and private use. If you use the App or our services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for events outside our control. If our provision of the services or support of the App 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 your contract with us and receive a refund for any services you have paid for but not received.
Internet Security. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
We are not responsible for other websites you link to.The App or our services may contain links to other independent websites or include referrals to third parties. Such independent sites or third parties are not under our control, and we are not responsible for their content or actions. You will need to make your own independent judgement about whether to use any such independent sites or third parties, including whether to buy any products or services offered by them.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and services:
You must stop all activities authorised by these terms, including your use of the App and any services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force. Each of the sentences and paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sentences and paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Complaints and Alternative dispute resolution. You can find information about our complaints procedure at www.gogodoc.com/complaints. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the following: In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Platform – https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN