Terms and conditions
Terms and conditions for provision of medical services between patients and a GP
1. These terms
1.1 What these terms cover
These are the terms and conditions setting out the basis on which I will supplymedical services to you (the “Terms”).The Terms set out the contractual relationship between you and me.
“I” am the person identified in Clause 2.1 below.
You should not use my services if you need emergency medical assistance. If you do need emergency medical assistance you should call 999 or visit your local hospital.
By accepting these Terms, you are agreeing:
- That you waive any rights to cancellation of services you request from me other than as set out in these Terms
- That I am responsible for providing medical services to you or anyone else on whose behalf you act and ZoomDoc cannot accept any liability whatsoever, whether direct or indirect, for my acts or omissions to you during a Telephone Consultation or Visit (please see section 10 for further information about my liability to you)
1.2 About you
“You” are the recipient of my services in accordance with these terms.
You are accessing my services via the application provided by ZoomDoc Limited which is located at www.zoomdoc.com and available from an app store (the “ZoomDoc App”).ZoomDoc Limited is a company with registered company number 09540794 and registered address at 2 Chanin Mews, London NW2 4AQ.
For the purpose of these Terms, you may be the patient yourself or acting on behalf of someone else who is the patient, who may be a family member registered under the account you have set up with ZoomDoc Limited or another person who is under the age of 18 years old or for whom you are otherwise the parent or guardian. The person receiving medical services is called the “Patient” in these Terms. Each Patient will be deemed to have accepted these Terms.
You confirm that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the ZoomDoc App.
You will be assumed to have obtained permission from the owners of any mobile telephone or handheld device (“Devices”) that are controlled, but not owned, by you and to download or stream a copy of the ZoomDoc App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the ZoomDoc App and receipt of my services accessed via the ZoomDoc App on or in relation to any Device, whether or not it is owned by you.
To be eligible to register for a ZoomDoc Account you must be 18 years of age or older. Parents or Legal guardians may add children below the age of 18 years of age to their primary ZoomDoc Account as Patients after initial registration.
Services provided via the ZoomDoc App will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the ZoomDoc App on the Device. If you use these services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Devices.
When I use the words service or services in these terms, I am referring to those services set out in these Terms.
1.4 Why you should read them.
Please read these terms carefully before you submit your request for services to me. These terms tell you who I am, how I will provide services to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact ZoomDoc Limited via the ZoomDoc App.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who I am.
I am a GP registered and qualified to provide medical services.
I confirm that I am registered with the General Medical Council (the body responsible for setting and enforcing standards), have an enhanced Disclosure and Barring Service Certificate (a safeguard applicable to people working with children and in healthcare) and have adequate indemnity insurance.
My registration and qualification details, as well as other biographical information, are available on the ZoomDoc App.
2.2 How to contact me.
You are able to contact me via the ZoomDoc App.
2.3 How I may contact you.
I will contact you via the ZoomDoc App.
2.4 “Writing” includes emails.
When I use the words “writing” or “written” in these terms, this includes emails.
3 MY CONTRACT WITH YOU
3.1 How I will accept your request for my services.
3.1.1 You may make a request for services via the ZoomDoc App.
3.1.2 My acceptance of your request for services will take place when you click on the box on the ZoomDoc App requesting my services and I “accept” your request on the ZoomDoc App, at which point a contract on these Terms will come into existence between me and you.
3.1.3 These Terms will remain in full force and effect while you use my services via the ZoomDoc App. Provided you are not in the course of receiving services from me via the ZoomDoc App and do not have outstanding payments due to me, you can end the contract between you and me set out in these Terms by disabling your ZoomDoc Account at any time.
3.1.4 You will only be able to accept these Terms if you have provided all information required by the ZoomDoc App and have set up an account on the ZoomDoc App in accordance with the terms of service you have agreed with ZoomDoc Limited (your “ZoomDoc Account”). This information includes:
184.108.40.206 Email, mobile telephone number, name, date of birth, gender, address, payment details; and
220.127.116.11 Certain details requested that are optional including: Pre-existing health problems, current medication and any allergies and the contact details of the regular GP you are registered with
(together, the “Patient Information”)
3.1.5 Your ZoomDoc Account may be used to register multiple Patients to receive services, for example all Family members. Where that is the case, Patient Information will need to be provided for each Patient. Each Patient will be deemed to have accepted these Terms and any other terms required to.
3.1.6 You confirm that: (a) all Patient Information you submit is truthful and accurate; (b) you have obtained the consent of all relevant individuals in respect of the Patient Information you have provided; (c) you will maintain the accuracy of such Patient Information and inform us if any such information changes.
3.1.7 If have not provided Patient Information when you request my services or any of the Patient Information is incomplete or incorrect then you agree that you may not be able to access my services.
3.1.8 If I do not accept your online request for my services for any reason, then you will not be charged for any services. You will then have the option of choosing another available ZoomDoc GP to provide you with services.
4 SERVICES, FEES AND CANCELLATION RIGHTS
4.1 Services I will provide and fees for those services
4.1.1 I will provide my services by telephone consultation (a “Telephone Consultation”) or by a visit your home, hotel or office or other residence to provide a medical consultation (a “Visit”).
4.1.2 I will perform the services with all reasonable skill and care working to levels of accepted good clinical practice.
4.1.3 You expressly acknowledge and agree that you waive any rights to cancellation of your Telephone Consultation or Visit other than as set out in these Terms.
4.1.4 You will be charged fees for Telephone Consultations and Visits by GPs as clearly set out on the ZoomDoc App.
4.1.5 Further details about my services and the fees are set out in the following sections of these Terms.
4.2 Telephone Consultations
4.2.1 Before you confirm your request for a Telephone Consultation, you will receive a summary of what the Telephone Consultation includes.
4.2.2 I will provide the Telephone Consultation in the time period set out on the ZoomDoc App.
4.2.3 The cost of the Telephone Consultation will be clearly set out on the ZoomDoc App when you select me as your GP and you will be asked to confirm that you agree to the specified cost of the Telephone Consultation (the “GP Phone Consultation Fee”) before submitting your request to receive services from me.
4.2.4 The amount of the GP Phone Consultation Fee will vary depending on the day and/or time of the request for a Telephone Consultation. ZoomDoc Limited reserves the right to change the price of the GP Phone Consultation Fee, Extended Time Fees and GP Follow-Up Action Fees (see below). You will always be given the option of agreeing to the cost when submitting your request to receive services from me.
4.2.5 The GP Phone Consultation Fee is payable in respect of a telephone consultation of up to 10 minutes (the “Call Allocated Time”). The full amount of the GP Phone Consultation Fee will be payable even if the Telephone Consultation lasts for less than the Call Allocated Time. After 10 minutes (the Call Allocated Time) you may continue to speak to the GP (“Extended Time”) and additional charges will be applicable for any telephone call time extension (“Extended Time Fee”). Extended Time Fees will be £10 for every additional 5 minutes of Extended Time. Even if this Extended Time lasts for less than 5 minutes. You will be notified of the cost of Extended Time Fees by the ZoomDoc App.
4.2.6 If, as a result of your Telephone Consultation, I consider that it would be clinically appropriate to upgrade your consultation to a Visit I will be able to offer this service after your call with me via the ZoomDoc App. You will be notified on the ZoomDoc App of my recommendation. You can then either accept or decline this recommendation. If you accept, you will be liable for the charges for a Visit.
4.2.7 In addition to your Telephone Consultation, you accept that I will (at additional charges as set out within the ZoomDoc App) be able to provide a referral letter, provide a sick-note and/or provide a private letter (any such action being “GP Follow-Up Action” and related fees being “GP Follow-Up Action Fees”).You will be notified of the cost of GP Follow-Up Action Fees by the GP and then via the ZoomDoc App. GPs will not be able to prescribe medications to Patients during or as follow up to a Telephone Consultation.
4.2.8 If I cannot make contact with you for whatever reason or the line is inaudible, you will not be charged and the Telephone Consultation will be cancelled after 10 minutes. If I call you more than two (2) hours after the request was made, you are entitled to refuse to speak to me to carry out the Telephone Consultation and you will not be charged for the Telephone Consultation. Notwithstanding your right to cancel, if you accept my call to carry out the Telephone Consultation, you will be liable to pay the GP Phone Consultation Fee in full on completion of the Telephone Consultation.
4.3.1 Before you confirm your request for a Visit, you will receive a summary of what your Visit includes.
4.3.2 I will make the Visit in the time period set out on the ZoomDoc App.
4.3.3 Each Visit by your ZoomDoc GP will be last for a period of up to 25 minutes (the “Allocated Time”). The Allocated Time will begin from when the ZoomDoc GP arrives at the Patient’s location. The ZoomDoc App will notify you once the Allocated Time has elapsed.
4.3.4 The cost of the Visit (the “Visit Fee”) will vary depending on the day and/or time of the proposed Visit. To the extent, for whatever reason, the Visit extends beyond the Allocated Time (defined below), you will be charged an amount (the “Additional Visit Fee”) for each additional 10 minutes. The Visit Fee and the Additional Visit Fee will be clearly set out on the ZoomDoc App when you select a GP and you will be asked to confirm that you agree to these costs before submitting your request for a Visit to receive services from me.
4.3.5 ZoomDoc Limited reserves the right to change the price of the Visit Fee and the Additional Visit Fee and the Additional Service Fee and GP Follow-Up Action Fee (see below) from time to time. You will always be given the option of agreeing to the cost when submitting your request to receive services from me.
4.3.6 Prior to a Visit I will telephone you on the number given in your Patient Information. if, as a result of this pre-Visit assessment call, I consider that for whatever reason (including, but not limited to, as a result of the Patient’s symptoms described to me), it is not appropriate and/or necessary for me to conduct the Visit, you will be liable to pay the fees that would have applied had only a Telephone Consultation been requested.
4.3.7 If I recommend prescription of medications for a Patient then I will provide a prescription for dispensing at a pharmacy or, if available, by me during the Visit. There will be no charge for prescriptions supplied to a Patient during a Visit and for faxing or emailing such prescriptions to a pharmacy, but you will be required to pay the pharmacy for the costs of the medication dispensed by it and any delivery company for delivery costs, in accordance with their respective terms. If I am able to dispense medication during the Visit (an “Additional Service”) then you will be liable to pay me for the cost of this (an “Additional Service Fee”). Additional Service Fees will be notified to you by me and then via the ZoomDoc App. Neither I nor ZoomDoc will be liable if a medication cannot be dispensed by me or by any pharmacy, for any reason. If medication is required as a matter of an emergency then you should call 999 or visit your local hospital. You will not be charged for medications that are not dispensed.
4.3.8 Once the ZoomDoc GP has completed the Visit, the ZoomDoc App and I will confirm the amount of the Visit Fee (and if applicable, the Additional Visit Fee, Additional Service Fee and any GP Follow-Up Action Fees) that has become due and payable. In addition, shortly after I have left you, you will also receive an email confirming the same. Such fees will become due and payable immediately once the Visit has ended. The Visit Fee (and if applicable, the Additional Visit Fee Additional Service Fee and any GP Follow-Up Action Fees) will be charged from the card details provided in your Patient Information.
4.3.9 In addition to your Visit, you accept that I will (at additional charges as set out within the ZoomDoc App) be able to provide a referral letter, provide a sick-note and/or provide a private letter (any such action being “GP Follow-Up Action” and related fees being “GP Follow-Up Action Fees”). You will be notified of the cost of GP Follow-Up Action Fees by me and then via the ZoomDoc App.
4.3.10 Following a Visit, you may request a follow-up Telephone Consultation with me for non-emergency queries. A request can be made via the ZoomDoc App. There will be no charge for this Telephone Consultation. I will call you as soon as they are able to do so, but there will be no prescribed time period in which they must do so.
4.3.11 If I arrive at the Patient’s address more than two (2) hours after the time the request was made, you are entitled to refuse me entry to the relevant property to carry out the Visit and you will not be charged for the Visit. Notwithstanding your right to cancel, if you accept my entry to the relevant property to carry out the Visit, you will be liable to pay the Visit Fees and Additional Visit Fees in full on completion of the Visit.
4.4 Information you must supply so I can provide the services
4.4.1 As well as the Patient Information supplied when you set up your ZoomDoc Account, you will need to supply me with the following other information for me to provide you with services:
18.104.22.168 For the purpose of a Telephone Consultation, your telephone number;
22.214.171.124 For the purposes of a Visit, confirmation of address where you would like me to attend (your “Address”);
126.96.36.199 For the purposes of a Telephone Consultation and/or a Visit, a brief description of the symptoms of the Patient and your card payment details
(together, the “Consultation Information”).
4.4.2 You confirm to me that:
188.8.131.52 all Consultation Information provided by you is true, accurate and complete;
184.108.40.206 to the extent applicable, you have all the necessary consents and/or authority to provide us with the Consultation Information;
220.127.116.11 you will notify me of any changes in the Consultation Information.
4.5 Your obligations when I am providing the services
4.5.1 In relation to any Telephone Consultation, you agree:
18.104.22.168 to the extent the Patient is a child, to speak on behalf of the child where necessary;
22.214.171.124 not to act (or allow any person, including the Patient, to act) in any manner which is or could reasonably be considered to be, intimidating or aggressive, or use any foul or abusive language to me, or request that I provide any services other than in relation to the subject of the Telephone Consultation, or make any payment to me other than through the ZoomDoc App.
4.5.2 In relation to any Visit, you agree:
126.96.36.199 to the extent the Patient is a child, to be present at all times in the same room as the Patient during the Visit;
188.8.131.52 to ensure that I am able to carry out the Visit in a safe working environment and not act (or allow any person, including the Patient, to act) in any manner which is or which could reasonably be considered to be, intimidating or aggressive, or use any foul or abusive language to me, or request that I provide any services other than in relation to the subject of the Visit, or make any payment to ME other than through the ZoomDoc App.
4.5.3 You acknowledge that, as part of the Telephone Consultation or Visit, I will be required to, amongst other things, take clinical notes, record the symptoms, examination findings and any advice given. In addition, in respect of Visits only:
184.108.40.206 You acknowledge that a prescription or medication or treatment will only be supplied if it is clinically required and at my sole discretion;
220.127.116.11 You understand that strong analgesics including morphine based drugs and sleeping tablets or benzodiazepines, are not and will not be prescribed by me;
18.104.22.168 Medications that would normally only be prescribed in a hospital setting or by a specialist will not be initiated or prescribed by me;
22.214.171.124 When my assessment of the Patient, either during the pre-Visit assessment call or upon arrival, indicates that an intimate examination of the Patient would be recommended, then the following will apply:
126.96.36.199.1 I will offer the Patient the option of having an impartial observer (a chaperone) present wherever possible;
188.8.131.52.2 I will explain the qualifications and responsibilities of a chaperone to you. Usually this should be a health professional and not a relative or friend;
184.108.40.206.3 You may decide not to proceed with the Visit either during the pre-Visit assessment call or during the Visit itself (if based on diagnosis information about the Patient provided on the pre-Visit assessment call there is an indication that an intimate assessment will be required during the Visit), if both an intimate examination is fundamental to any diagnosis and if a suitable chaperone cannot be present. In this situation you will only be charged for the pre-Visit assessment call. However, if I have already arrived for the Visit, and based on diagnosis information about the Patient provided on the pre-Visit assessment call there was no indication that an intimate assessment would be required during the Visit, then all Visit charges will still be applicable;
220.127.116.11.4 You may decide to proceed with an intimate examination without a chaperone present if you expressly give your consent to me for that, but I may decline, at my discretion, to proceed with the intimate examination if a chaperone is not present and it is fundamental to any diagnosis. In this situation, if the GP has not arrived for the Visit, you will only be charged the pre-Visit assessment call fee. If I have already arrived, all Visit charges will still be applicable. In this situation, I will direct you to services that will enable you to have a chaperone present;
18.104.22.168 In addition to your Visit, you accept that I will (at additional charges as set out on the ZoomDoc App) be able to provide a referral letter, provide a sick-note and/or provide a private letter (any such action being a “GP Follow-Up Action”);
22.214.171.124 You agree that any GP Follow-Up Action may be processed by ZoomDoc on my behalf;
126.96.36.199 You also agree that to the extent you have provided consent and details of your registered GP as part of your Patient Information, your records may be sent to the Patient’s registered GP.
4.6 You acknowledge, that I am governed by GMC (General Medical Council) rules and regulations including in relation to the ‘duties of a doctor’, and may, in exceptional circumstances have to break confidentiality to inform social services if there are any adult or child safeguarding concerns. Additionally, if there is an immediate risk or danger to Patients and/or the public, I am obliged inform relevant authorities including the police, social services and/or the Patient’s regular GP or other doctor.
4.7 If you breach any of your obligations under this clause 6, including if you make significant changes to Patient Information or Consultation Information after a request for a Telephone Consultation and/or Visit has been made which means that I cannot provide the services on the agreed terms, then you will be deemed to have cancelled and you will be liable for 100% of the GP fees.
Disputes in relation to fees
4.8 If you disagree with the amount of fees that has been confirmed is due and payable by me and as notified to you in the ZoomDoc App, you must inform me at the time of the Visit and/or Telephone Consultation and send a message to ZoomDoc Limited through ZoomDoc App, explaining your concern (a “Dispute”).
4.9 You expressly acknowledge and agree that any Dispute is between you and me and, except as set out in the terms of service you have agreed with ZoomDoc Limited, ZoomDoc Limited accepts no liability in respect of the payment of fees to me. I have agreed that ZoomDoc may investigate Disputes on my behalf and that ZoomDoc may arrange for third party payment processors to return fees to you where, following investigation, ZoomDoc believe that you have legitimate grounds for the Dispute.
4.10 ZoomDoc Limited reserves the rights to arrange for third party payment processors to debit your card prior to any resolution of such Dispute.
4.11 You may also bring a complaint or dispute about my services via alternative dispute resolution, which 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 I have handled any complaint or dispute, you may want to contact the Centre for Effective Dispute Resolution (CEDR). You can submit a complaint to them via their website at https://www.cedr.com/
Processing of Payments
4.12 ZoomDoc Limited and I 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 which will be available when you make your payment. I cannot accept any liability for any damages (whether direct or indirect) caused as a result of the provision of the Payment Services.
5. YOUR RIGHTS TO MAKE CHANGES TO THE SERVICES
5.1 If you wish to make a change to the services (for example, from a Telephone Consultation to a Visit) please contact me via the ZoomDoc App. I will let you know if the change is possible. If it is possible I will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 I will agree any change with you via the ZoomDoc App.
6. MY RIGHTS TO MAKE CHANGES TO THE SERVICES
6.1 I may change the services, without your consent, to reflect changes in relevant laws and regulatory requirements. Where this is the case I will give you reasonable notice and inform you of the nature of the changes.
6.2 I will only make other changes if you agree to them via the ZoomDoc App.
7. WITHHOLDING SERVICES
7.1 I have the right to withhold provision of services to you in the following circumstances:
7.1.1 to deal with technical problems or make technical changes;
7.1.2 to update the services to reflect changes in relevant laws and regulatory requirements;
7.1.3 if in my reasonable professional opinion, it is unsuitable for you to receive the relevant service;
7.1.4 if you display abusive, violent or threatening behaviour unacceptable to us; or
7.1.5 if I am expressly instructed not to do so by an emergency service provider who has authority to give that instruction, for as long as that instruction applies;
7.1.6 if you do not co-operate with me in respect of the services to be provided to you or you do not comply with or are in breach of these Terms, including if you do not pay me.
7.2 If I have to withhold provision of services to you in the circumstances described above, then you will be charged for services which you have already received at the point that I notify you that I am withholding services.
8. MY RIGHTS TO END THE CONTRACT
8.1 I may end my contract with you at any time by writing to you via the ZoomDoc App if:
8.1.1 you do not make any payment to me when it is due and you still do not make payment within 28 days of me reminding you that payment is due;
8.1.2 you do not, within a reasonable time of us asking for it, provide me with Consultation Information that is necessary for me to provide the services;
8.1.3 In any of the circumstances set out in clause 7.
9. IF THERE IS A PROBLEM WITH THE SERVICES
9.1 If you have any questions or complaints about the services, please contact me via the ZoomDoc App.
9.2 If you have raised a complaint or issue with my service under clause 9.1 above, I will endeavour to put it right. Depending on the circumstances, I may:
- perform all or a part of the services again for you;
- offer you a full or partial refund of fees; or
- agree with you some other suitable solution.
9.3 If a problem cannot be resolved in accordance with clause 9.2 then you may cancel this contract. You will be reimbursed for advanced payments made to me for services which will not be provided to you but I will retain all payments made for services provided to you in accordance with these Terms.
10. MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 If you suffer personal injury or death caused by our negligence, there is no limit on my potential liability to you.
10.2 I also do not seek to limit or exclude our potential liability for anything else which cannot be legally limited or excluded.
10.3 Other than under clause 10.1 and 10.2 my liability to you is limited to 150% of the fees you have paid to me for services in relation to the occurrence giving rise to liability.
10.4 If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of me breaking this contract or failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both I and you knew it might happen, for example, if you discussed it with me.
11. HOW I MAY USE YOUR PERSONAL INFORMATION
11.1 You expressly consent to providing me with your personal information, including the Consultation Information and other medical information supplied during a Telephone Consultation or Visit.
11.2 You confirm that you have the consent of any other Patients who receive my services under these Terms to the provision of their personal information to me, including the Consultation Information and other medical information supplied during a Telephone Consultation or Visit.
11.3 I will use the personal information you provide to me to:
11.3.1 provide you with copies of notes and other correspondence supplied as part of a Telephone Consultation or Visit;
11.3.2 provide prescriptions for medication to pharmacies where you request this;
11.3.3 provide the services (this will include providing your Consultation Information to ZoomDoc Limited for audit, performance monitoring and dealing with complaints and disputes, and to other GPs providing services via the ZoomDoc App where such GPs require access to such information, for example because you request services from them);
11.3.4 provide copies of the information to your regular GP or the regular GP of any other Patient receiving services from me under these Terms, where you or they request this;
11.3.5 process your payment for such services; and
11.3.6 if you agreed to this during the service request process, to inform you about similar products that ZoomDoc Limited provides, but you may stop receiving these communications at any time by contacting ZoomDoc Limited.
11.4 I will only give your personal information to other third parties where the law either requires or allows me to do so or you or other Patients receiving my services under these Terms otherwise consent.
11.6 I will retain your personal information on ZoomDoc Limited’s services in accordance with the law.
12. OTHER IMPORTANT TERMS
12.1 Neither you nor I may transfer this agreement to anyone else.
12.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 Even if I delay in enforcing this contract, I can still enforce it later.
12.5 If I do not insist immediately that you do anything you are required to do under these terms, or if I 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 or prevent us taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the services, I can still require you to make the payment at a later date.
12.6 These Terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts