Terms and Conditions

At iPrimary Care, we think affordable, accessible and tailored healthcare should be available to everyone.  We make use of secure technology to provide high quality, accessible healthcare designed around the needs of our patients. We are a regulated healthcare company; you can see our registration here.  Because we are a regulated provider of medical services, our terms and conditions must be comprehensive; we recommend that you take your time to read them in full. We value hearing from you, so if you have any questions or ideas, please do not hesitate to get in touch by calling 07536 110822 or emailing info@iprimarycare.com.  Please rest assured that above all else, we are here to provide you with the service you need as best as we can.  If you think we should be doing something differently please let us know.

IPRIMARY CARE LIMITED – TERMS AND CONDITIONS

We may amend these Terms from time to time as set out in clause 5. Please check these Terms to ensure you understand the terms that will apply at the time you enter into any transaction with the Company. These Terms were most recently updated on 23 August 2014.

1. DEFINITIONS

1.1 When the following capitalised terms are used in these Terms, this is what they will mean:

“Advice” means the advice or other services provided by a Clinician or the Company to a User through the Website or otherwise facilitated by the Company.

“Affiliate” mean any person providing a Service or Product through the Company or its Website or ordered through the Company, including Suppliers and Practitioners and any subcontractors to the Company.

“Website” means the iPrimary Care website provided by the Company.

“Company” means iPrimary Care Limited registered in England and Wales with company number 08826625 with registered office at 27 Aylesbury Road, London, SE17 2EQ, United Kingdom.

“Event Outside Our Control” is defined in clause 8.2.

"Fair Use Policy" is defined and described in Schedule 6.

“Materials” means any materials, documents, information, intellectual property or other assets belonging to the Company and/or any Affiliate.

“Clinician” the medical health practitioner carrying out or providing the Services to include but not limited to a physician associate (“PA”) registered general practitioner (“GP”), registered nurse (“Nurse”) or registered medical specialist clinician or consultant (“Specialist”).

“Product” any physical product ordered by you through the Company’s Website or which the Company provides to you.

“Services” any services that the Company provides to you or which you order or access through the Company’s Website.

“Schedule” means a schedule to the Terms.

“Terms” the terms and conditions set out in this document including the Schedules, the Privacy Policy and our Terms of Use.

“User” means a customer of the Company who makes use of the Services and/or orders or purchases Products via the Website.

“In writing” or “written” shall include in relation to any communication from the Company or its Affiliates, any email, on-screen alert, on-screen notification, prompt, field or other communication of information to you from the Company or its Affiliates and in relation to any communication from you to the Company shall include any email address provided to you by the Company for such communication.

2. OUR CONTRACT WITH YOU

2.1 These are the Terms on which the Company supplies Services, Products or otherwise contracts with you. Please ensure that you read these Terms carefully.

2.2 The Schedules, the Privacy Policy and our Terms of Use. are part of the contract.

2.3 The Company does not contract otherwise than on these Terms unless explicitly agreed in writing. If you do not agree with these Terms, you should not use the Company’s Website or otherwise order or use any Product or Services.

3. CHANGES TO TERMS

3.1 The Company may amend the Terms from time to time in its absolute discretion.

3.2 If the Company amends the Terms under clause 5, the Company will notify you in writing.

3.3 The then current Terms will apply to any transaction or use and it is your responsibility to ensure that you are happy to contract on the then current Terms at the point of any transaction or use.

4. PROVIDING SERVICES

4.1 The Company will not be responsible for any delays or lack of performance by it or any of its Affiliates due to an Event Outside Our Control. See clause 8.3 for the Company's responsibilities when an Event Outside Our Control happens.

4.2 The Company may have to suspend the Services if the Company has to deal with technical problems, or to make improvements to the Services. The Company will use reasonable efforts to minimise such times of suspension but such suspension shall not affect your obligation to pay any subscription or other payment due, provided that such period(s) of suspension do not exceed 30 days in aggregate in any year period.

4.3 If you do not pay the Company for the Services when you are supposed to as set out in the Terms the Company may suspend the Services with immediate effect until you have paid the Company the outstanding amounts.

5. IF THERE IS A PROBLEM WITH THE SERVICES

5.1 In the unlikely event that there is any defect with the Services:

  • Please contact and inform the Company as soon as reasonably possible;
  • Please give the Company a reasonable opportunity to repair or fix any defect and/or to contact the relevant Practitioner and request that they carry out the required repair or fix the defect;

the Company will use reasonable efforts to repair or fix the defect as soon as reasonably practicable. However the Company is not responsible for any failure by a Practitioner to repair or fix the defect. You will not have to pay for the Company or Practitioner to repair or fix a defect with the Services under this clause 5.1.

5.2 As a consumer you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials the Company or Practitioner use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in the Terms will affect these statutory rights.

5.3 The Company values your feedback and, following a consultation, provides you with the opportunity to rate your consultation and to provide additional comments. If you have any complaints, please do not hesitate to get in touch by telephoning the support team on 07536 110822 or by e-mailing the Company at support@iprimarycare.com.

6. PRICE AND PAYMENT

6.1 The price of the Services or Products will be set out in the Company's Website or in the Schedules to these Terms at the time of agreement by the Company to provide the Services and/or Products. The Company's prices may change at any time, but price changes will not affect any Services or Products which you have already ordered.

6.2 These prices exclude: (i) VAT, where Applicable, and unless otherwise stated; and: (ii) reasonable credit card and other processing fees, where these are incurred by the Company.

6.3 The Company will typically charge or invoice you for the Services or Products at the time you order them. Any amounts charged or invoiced are due and payable upon the invoice being issued unless otherwise specified in these Terms or the Website.

6.4 You can pay for Services or Products using a credit or debit card.

6.5 Payment for the Services and/or Products and all applicable delivery charges is to be made in advance.

6.6 You understand and acknowledge that pathology (tests), treatments and any other referrals to a third party outside of the Company ordered following a consultation with a clinician will have separate costs and that the Company is not responsible for these costs. 

6.7 You understand and acknowledge that private prescriptions issued following a consultation with a clinician and filled at a pharmacy will have separate costs and that the Company is not responsible for these costs. 

6.8 You understand and acknowledge that subscriptions will automatically renew upon the end of the agreed term, unless you provide a written request to the Company to cancel the subscription prior to the end of the relevant subscription period.

6.9 Subscriptions available within the Website are monthly subscriptions, payable up-front in advance. 

7. OUR LIABILITY TO YOU

7.1 If the Company fails to comply with the Terms, the Company is responsible for loss or damage you suffer that is a foreseeable result of the Company's breach of these Terms or the Company's negligence, but the Company is not responsible for any loss or damage that is not foreseeable or has been caused by a relevant Clinician, Affiliate or subcontractor or third party (except to the extent such person is an employee of the Company acting within the scope of their employment) and that person shall be solely liable for that loss or damage unless and to the extent that it is caused by the negligence, material breach or wilful default of the Company. Loss or damage is foreseeable if they are an obvious and direct consequence of our breach or if they are contemplated by you and the Company at the time the Company entered into this contract.

7.2 The Website is not suitable for managing a medical emergency or acute condition, any condition that should reasonably require in person physical examination analysis, diagnosis or treatment, or for sourcing any product or service urgently. The company cannot guarantee continuous availability of any clinician or any availability of any particular clinician.

7.3 The Company is not responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise. The Company reserves the right to withdraw or delete any information from the Website at any time.

7.4 The company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The company does not warrant that the Website, the company’s servers, or e-mail sent from the company are free of viruses or other harmful components. The company will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to indirect, incidental, punitive, and consequential damages.

7.5 The company provides a communications platform for you to communicate with practitioners and to order products and services from third parties. Except in respect of the actions or omissions of the company or its officers and employees acting within the scope of their employment, the company does not accept any liability or responsibility for the actions or omissions of any third party, in particular its affiliates and any practitioners who are not employees of the company.

7.6 The Company only supplies the Products and Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and the Company has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.7 The Company does not exclude or limit in any way its liability for:

  • death or personal injury caused by the Company's negligence or the negligence of its employees, agents or subcontractors;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
  • breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
  • defective products under the Consumer Protection Act 1987.

Without prejudice to clause 7.6 above, the liability of the Company in connection with the Services and any Product whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:

  • £2,000 in aggregate in relation to any Services and/or Products ordered through the website; and
  • £1,000,000 in aggregate otherwise.

8. EVENTS OUTSIDE OUR CONTROL

8.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside Our Control.

8.2 An Event Outside Our Control means any act or event beyond the Company's reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. For the avoidance of doubt, an Event Outside Our Control includes any action or failure to act by the relevant clinician and/or insufficient/variable network connectivity at any time for the User, Company or Clinician.

8.3 If an Event Outside Our Control takes place that materially affects the performance of the Company's obligations to you under these Terms:

  • the Company will notify you; and
  • the Company's obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the Company's performance of Services to you, the Company will resume the Services as soon as reasonably possible after the Event Outside Our Control is over.
  • You may cancel the contract immediately if an Event Outside Our Control takes place resulting in a suspension of the Services that continues for longer than 2 weeks and you no longer wish the Company to provide the Services. Please see your cancellation rights under clause 9. The Company may cancel the contract if an Event Outside Our Control continues for longer than 2 weeks.

9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUNDS

9.1 You have the following rights regarding (i) cancellation of the Services (including where you choose to cancel because the Company is affected by an Event Outside Our Control or if the Company change these Terms under clause 3.1 to your material disadvantage); and (ii) refunds:

9.2 Where you have made a payment for subscription you may cancel the Services but shall not be entitled to a refund of your subscription, in whole or in part.

9.3 You shall not be entitled to any refund for any Services that cannot be fulfilled due to your own absence (including, without limitation, for a scheduled consultation), insufficient or variable network connectivity, negligence or other relevant error.

9.4 Once the Company has begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving the Company written notice if:

  • the Company breaks this contract in any material way and the Company does not correct or fix the situation within 14 business days of you asking the Company to in writing;
  • the Company goes into liquidation or a receiver or an administrator is Appointed over its assets;
  • the Company changes these Terms under clause 3.1 to your material disadvantage;
  • the Company is affected by an Event Outside Our Control in the circumstances set out in clause 8.4.

9.5 No refund shall be due because of any unavailability of any particular Clinician where the Website is functioning and an alternative Clinician is available, or, for the avoidance of doubt, in the event of the unavailability of any feature or function of the Website that is available to Users free of charge. Nor shall any refund be due because of any temporary interruption in service. You accept by using the Website that Clinicians may vary in their opinions and provided any opinion and/or advice and/or recommendation and/or prescription is given in good faith by a relevant Clinician, no refund shall be due in respect of Services provided.

10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

10.1 The Company may have to cancel a request for Services before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which the Company cannot provide the Services. The Company will promptly notify you if a Service is unavailable.

10.2 Once the Company has begun to provide the Services to you, the Company may cancel the contract for the Services at any time by providing you with at least 15 calendar days' notice in writing.

10.3 If the Company has to cancel provision of a Service or the Services under clause 10.1 or clause 10.2 and you have made any payment in advance for the Service or Services that has not been provided to you:

  • in the case of a Service you have requested and paid for via a monthly subscription payment, the Company shall use reasonable endeavours to restore the affected Service per clause 4.2 and no refund of such subscription payment shall be due;
  • for the avoidance of doubt, in the case of a Service you have requested that ordinarily is available free of charge to Users, you shall not be eligible to receive any refund;
  • for the avoidance of doubt, no refunds shall be payable in the event that a Service that you have requested cannot be provided due to your own absence (including, without limitation, for a scheduled consultation), negligence, failure to provide requested information or other relevant error.

10.4 The Company may cancel the contract for Services at any time with immediate effect by giving you written notice if:

  • you do not pay the Company when you are supposed to as set out in these Terms;
  • your usage of the Services is outside of our Fair Use Policy; or
  • you break the contract in any other material way and you do not correct or fix the situation within 7 calendar days of the Company asking you to in writing, or sooner if reasonably required.

10.5 From time to time, the Company will request certain information from you that may be confidential and/or covered by data protection legislation - for example, details of any medical conditions. The Company will contact you in writing about this. If you do not, after being asked by the Company, provide the Company with this information, or you provide the Company with incomplete or incorrect information, the Company may suspend the Services by giving you written notice. The Company will not be liable for any delay or non-performance where you have not provided this information to the Company after the Company have asked for such information and the Company will not be obliged to provide any refund.

11. ELECTRONIC COMMUNICATIONS

When you use the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices, alerts, prompts, information fields or other information through the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

12. YOUR OBLIGATIONS

12.1 You undertake that:

  • all information you give to the Company, its Affiliates and any Clinician will be accurate and not omit anything of importance;
  • you will comply with all instructions and advice given to you by any Clinician
  • if, following use of the Website, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilise the emergency services as Applicable.
  • you will comply with any instructions given in relation to any investigative tests including lab tests or specialist referrals including referral back to your GP or AE; any delay in performing these recommendations is at your own risk
  • you will comply with any instructions given in relation to any prescription given to you including in particular route, timing and dosages;
  • you will promptly report any side effects of any prescription to a Clinician
  • you will protect anything prescribed to you and not permit any other person access to the prescription;
  • you will not use any prescription after its expiry date;
  • you will not register more than once with the Website or the Services;
  • you will not register on behalf of any other person or answer questions or pretend to be any other person;
  • you will promptly notify the Company if you are aware that any part of your medical record in the Website or held by the Company including any tests, prescriptions, imaging, advice given or opinion expressed is incomplete or inaccurate; and
  • to help us protect the privacy and security of your information, you agree not to make independent recordings of consultations. Your consultations are available for playback within the Website.

13. INTELLECTUAL PROPERTY

13.1 The content of the Company's Website and other Materials is protected by copyright, trademarks, database right and other intellectual property rights. 

13.2 You may retrieve and display the content of the Company's Website and/or any information stored on or procured through it on a computer or device screen, store such content in electronic form on disk or print copies of such content for your own personal and non-commercial use, provided you keep intact all and any copyright and proprietary notices. 

13.3 Consultations, activity and data inputted in the Website may be recorded by the Company and you consent to such recording, storage and subsequent retrieval by the Company. You may view consultation recordings from within the Website for your own private purposes (and may show them to any other medical practitioner who is supporting your care) but you acknowledge that all intellectual property rights in these belong to the Company.

13.4 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of the Company's Website without written permission from the Company. You do not obtain any right in the copyright, design right or any other intellectual property rights in any materials or other documents or items made available to you on the Company's Website or through your use of the Services.

13.5 You shall be entitled to use any such materials, documents or other items as are referred to in paragraphs 13.1 to 13.4 above for personal use and only in connection with the Services but shall not be entitled to copy, edit, alter or disseminate (including but not limited to, distributing or making the materials, documents or other items available on a file-sharing network) any such items (in whole or in part) or use them for any commercial purpose. For the avoidance of doubt, nothing in these Terms restricts you from using your medical information for your own personal use including passing to any other medical practitioner.

13.6 All content included in the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its content suppliers and protected by national and international copyright laws. The compilation of all content in the Website is the exclusive property of the Company. All software used in the Website is the property of the Company or its software suppliers and protected by national and international copyright laws.

14. TRADEMARKS

14.1 The iPrimary Care mark, logo, combined mark and logo and other marks indicated in our Website are trademarks of the Company or its affiliates in the United Kingdom and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Company or its Affiliates.

15. LICENSE AND WEBSITE USE

15.1 The Company grants you a limited license to access and make personal use of the Website and not to modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. Any unauthorised use terminates the permission or license granted by the Company. You may not use any logo or other proprietary graphic or trademark of the Company or its affiliates as part of the link without our express written permission.

16. YOUR USE OF THE COMPANY’S SYSTEMS

16.1 Persons aged 18 years of older may use the Website on their own, via their own account, via payment made using their own credit or debit card. No one under the age of 18 may use the website or any of its services. 

17. INTERNATIONAL USE

The Company makes no promise that materials on the Company's Website and system are appropriate or available for use in locations outside the United Kingdom, and accessing the Company's website and systems from territories where its contents are illegal or unlawful is prohibited.  If, in contravention of these Terms you access the Company's website and systems from locations outside the United Kingdom where it is unlawful to do so, you do so on your own initiative and are responsible for compliance with local laws.

18. ABUSIVE USE

18.1 The Company reserves the right to deny any person (inclusive of any User) access to the Website and/or its Services and Products in the event that the person is abusive or inappropriate to any Clinician or any employee or agent of the Company. Inappropriate use includes, without limitation: (i) inappropriate, abusive, offensive behaviour or remarks; or (ii) ‘time-wasting’; or (iii) excessive use of a Service or Services in the reasonable opinion of the Company and/or relative to typical usage patterns in the reasonable opinion of the Company. In the event of inappropriate or abusive use, the Company reserves the right to terminate provision of Services or Products and use of the Website(including deletion of the User’s account and information) immediately upon notice.

19. SERVICES DESCRIPTION

19.1 The Company and its Affiliates attempt to be as accurate as possible in their description of the Services. However, the Company does not warrant that descriptions of services or other content of the Website is accurate, complete, reliable, current, or error-free. The Company provides links to other sites and maintains feeds from external data providers over which the Company has no control. The Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.

20. DISPUTES

20.1 If any dispute arises in connection with these Terms, the parties will attempt to resolve the dispute between the parties.  If the dispute is not resolved within 60 days of the initial notification of a dispute by either party, the parties will attempt to settle it by way of mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation either the Company will give you or you must give us notice in writing (“ADR notice”) requesting a mediation. A copy of the request should be sent to CEDR. The mediation will start not later than 60 days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation for a period of 30 days after the mediation has started.

20.2 Following mediation under this clause 20, in the event that any dispute remains unresolved relating in any way to your use of the Website, that dispute shall be submitted to confidential arbitration in London following the CEDR rules specifying English law and one arbiter. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by Applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

21. WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY

21.1 We reserve the right to make changes to our Website at any time and, subject to clause 10.3, to withdraw any Service by providing you with reasonable notice.

21.2 If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

22. INFORMATION ABOUT THE COMPANY AND HOW TO CONTACT THE COMPANY

22.1 The Company is a limited company registered in England and Wales. The company registration number is 08826625and the registered office is at 27 Aylesbury Road, London SE17 2EQ. The Company operates the Website www.ipriamrycare.com. The main trading address of the Company is 27 Aylesbury Road, London SE17 2EQ.

22.2 If you have any questions or if you have any complaints, please contact the Company. You can contact the Company by telephoning 07536 110822 or by e-mailing the Company at info@iprimarycare.com.

22.3 If you wish to contact the Company in writing, or if any clause in these Terms requires you to give the Company notice in writing (for example, to cancel the contract), you can send this to the Company by e-mail, by hand, or by pre-paid post to iPrimary Care Limited at 27 Aylesbury Road, London SE17 2EQ. The Company will confirm receipt of this by contacting you in writing. If the Company has to contact you or give you notice in writing, the Company will do so by e-mail, by hand, in writing or by pre-paid post to the address you provide to the Company upon agreement by the Company to provide the Services.

23. HOW THE COMPANY MAY USE YOUR PERSONAL INFORMATION

23.1 The Company will use the personal information you provide to the Company to:

  • provide the Products and Services;
  • provide to Affiliates of the Company where reasonable or necessary in relation to the provision of the Products and Services, including provision of your information to Clinicians including Nurses, GPs, PAs, Specialists, dispensing chemists, partner pathology (testing) providers, and suppliers or subcontractors used in relation to our services
  • process your payment for such Products and Services;
  • review and enhance the quality of the Services, including monitoring compliance with clinical care standards;
  • comply with reasonable requests by regulatory bodies including the General Medical Council, or as otherwise required by law or regulation;
  • where you request it or have otherwise consented, provide it to your insurance company(y/ies) who may contribute to the cost of the Products or Services you request to use;
  • provide information to your other healthcare providers; or
  • the detection of fraud.

23.2 We only use your personal information in accordance our Privacy Policy. For details, please see 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.

23.3 We will not provide your personal information to any other persons or use it for any other purpose except as set out in this clause and in the Privacy Policy.

23.4 The Company retains the right to use anonymised data for purposes including (without limitation) research.

23.5 The Company uses a third party to process payments and refunds. We do not store your credit card details. Credit card details are stored securely with a third party in the eventuality of payment being required for future purchases or shortfalls in payments by insurers.

23.6 The Company uses a third party to process identification checks. We do not store your ID (i.e passports, driver's license) details. ID details are stored securely with a third party for ID checks and complies with their privacy policy. In using our website, you agree to this service and their terms and conditions. 

24. OTHER IMPORTANT TERMS

24.1 The Company may transfer its rights and obligations under these Terms to another organisation, and the Company will always notify you in writing if this happens, but this will not affect your rights or the Company's obligations under these Terms.

24.2 You may only transfer your rights or your obligations under these Terms to another person if the Company agrees in writing.

24.3 Notwithstanding that this contract has a number of Schedules which may apply to one or more of the particular Services or Products supplied by the Company, they are one set of terms and may only be accepted or declined in full.

24.4 This contract is between you and the Company. No other person shall have any rights to enforce any of its terms.

24.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

24.6 If the Company fails to insist that you perform any of your obligations under these Terms, or if the Company does not enforce its rights against you, or if the Company delays in doing so, that will not mean that the Company has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Company does waive a default by you, the Company will only do so in writing, and that will not mean that the Company will automatically waive any later default by you.

24.7 These Terms are governed by English law. You and the Company both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

 

SCHEDULE 1

CONSULTATIONS TERMS AND CONDITIONS (COVERING VIDEO, AUDIO AND EMAIL CONSULTATIONS)

1. NATURE OF ADVICE GIVEN VIA THE SERVICES AND RELIANCE

1.1 The Company has taken reasonable steps to verify the identity of Clinicians against their regulatory body’s database of members and in the normal course of events will use reasonable efforts to verify certain background information about a Clinician. However, the Company makes no representation or guarantee in relation to, and is not responsible for, the qualifications of any Practitioner or the suitability of any Clinician. 

1.2 Consultations are subject to Clinician availability. When you place an order for a consultation with a Clinician, the Company shall use reasonable efforts to offer a consultation within a reasonable period of time, but the Company does not guarantee to offer a consultation within a particular time frame.

1.3 By using an email, audio and/or video consultation, you consent to the use of a remote service.

1.4 You understand and agree that consultations with GPs and Nurses may be limited to 20 minutes in duration and that consultations with Specialist may be limited to 20 minutes in duration.

1.5 Advice, information or other communications given or made remotely by audio or video are by their nature limited relative to a face-to-face consultation. A non-face to face consultation may therefore not be sufficient in certain circumstances and Users should be aware of, and by using the Company’s Website and any other facility are deemed to have accepted, those limitations. In particular, a non-face to face consultation is unlikely to be Appropriate or sufficient in circumstances of: (i) emergency, (ii) urgency, (iii) where a physical examination is likely to be required, (iv) where physical intervention is likely to be required, or (v) where the problem, issue or information required is not suited to remote communication.

1.6 It is the responsibility of the User to evaluate whether any advice received via the Services is suitable or sufficient for the User’s needs, to what extent the User should rely upon it and whether the User should seek the assistance of their GP, other medical practitioner or emergency services.

1.7 If, following use of the Website, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilise the emergency services as applicable.

1.8 You acknowledge and agree that when using the Company’s medical advice services, that it does not guarantee a diagnosis or treatment. 

2. AMENDMENT OF THE TERMS

2.1 A User may separately agree terms and conditions with a Practitioner in relation to the Terms upon which that Clinician is willing to provide services to the User. If that is the case, such agreement shall not affect these terms to the extent they apply to the relationship between the User and the Company.

3. COMMITMENT TO YOU

3.1 Each of our Clinician who is a GP has committed:

  • to provide a professional and transparent service that complies with General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as interpreted by the Care Quality Commission, and clinical best practice in the UK;
  • to volunteer where requested their name and General Medical Council professional registration number when prescribing medicines and communicating with patients;
  • to prescribe medicines only when in their professional judgment it is in the patient's best interests to receive the medicine being requested and, accordingly, to refuse to prescribe medicines when they believe it is not in the patient's best interests to receive medicines without the benefit of a face to face consultation; and
  • to take all reasonable steps to protect patients' personal information.

3.2 Each of our Clinician who is a PA has committed:

  • to provide a professional and transparent service that complies with General Medical Council Guidelines on remote prescribing as supervised by a GP, essential standards of quality and safety as interpreted by the Care Quality Commission, and clinical best practice in the UK;
  • to volunteer where requested their name and Physician Associate Managed Voluntary registration number when communicating with patients;
  • to give clinical advice, management and treatment only when in their professional judgment it is in the patient's best interests to receive the manage such advice and, accordingly, to refuse to proceed with a treatment or management when they believe it is not in the patient's best interests to receive such actions without the benefit of a face to face consultation; and
  • to take all reasonable steps to protect patients' personal information.
  • regular GP supervision 

4. PURPOSE OF WEBSITE

4.1 You acknowledge that the Website has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Website meet your requirements.

4.2 The Website is not a medical device. While certain information may be helpful in providing warning or information of certain medical or health conditions or circumstances, the Website is not designed, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition. No responsibility is accepted in this regard by the Company or any of its affiliates.

 

SCHEDULE 2 – ADDITIONAL TERMS IN RELATION TO PRESCRIPTIONS

1. PRESCRIBING DOCTORS

1.1 Services are provided by qualified doctors registered with the UK’s General Medical Council who are permitted to prescribe medicines without meeting the patient face to face. The registration numbers with the General Medical Council of each doctor who is or was in the past registered with this service to provide prescriptions can be supplied upon request to the Company.

1.2 All doctors who have signed up to provide prescriptions through the Company’s systems have undertaken to comply with the General Medical Council Guidelines on remote prescribing and the Essential standards of quality and safety as enforced by the Care Quality Commission. Copies of these can be found at http://www.cqc.org.uk

2. COLLECTION OR DELIVERY OF PRESCRIPTIONS

2.1 If a prescription is issued by one of our GPs, the paper prescription will be sent to your choice of delivery address, for you to fill at a pharmacy.  You can also opt to use our premium direct medicine delivery service.

2.2 Please note that the Company will use reasonable efforts to deliver the paper prescription or medication to your chosen address. The terms of the delivery are as follows:

  • Next day delivery 

All our United Kingdom orders are sent free of charge via the Royal Mail Special Delivery service, UK Mail or courier which guarantee tracked delivery to most UK destinations the next working day (including Saturday), provided orders are placed before 3pm Monday - Friday. Any orders placed after 3pm on Friday will arrive on Tuesday. 

  • Same day delivery 

A same-day delivery service is available to all destinations within about 40 miles from the centre of London. Only orders placed before 3pm, Monday, Wednesday and Friday, will be eligible for this delivery option. Prescriptions are dispatched in discreet packaging for delivery on the same day.

It is your responsibility to ensure that someone is available to sign for any delivery to your chosen address.  iPrimary Care has no control over the postal system or third party couriers and we have no liability to you in respect of any packages that do not reach you after we have posted them (although if you don't receive your delivery when expected let us know and we will do our best to help). It is your responsibility to ensure that the individual signing for receipt of the package delivers it to you.

    If no one is available to take delivery of the order when delivery is first attempted, there may be a delay in delivery, and/or the recipient may have to follow the procedures of the relevant courier or dispatch company in order to collect the order, including picking it up from a depot.

    2.3 The Company is not connected with and has no control over or responsibility for any individual pharmacy, their policies in relation to acceptance or otherwise of prescriptions, opening hours or availability. 

    2.4 The cost of delivery, by ordinary Royal Mail, for paper prescriptions is included in the monthly subscription fee.  Delivery costs for medications and all same day deliveries will be explained to you at the time you order those services. 

    2.5 Prescriptions are personal to the person for whom they are intended and therefore may not be returned or transferred. 

    2.6 Users are responsible for any costs incurred for filling the private prescription at their chosen pharmacy. 

    2.7 iPrimary Care doctors do not issue prescriptions for controlled substances, benzodiazepines used for insomnia, opioids and other pain medications and/or certain other drugs which may be harmful because of their potential for abuse.

    2.8 Short-term prescriptions for maintenance medicines may also be obtained, however, this is approved on a case-by-case scenario. Usually no more than one week’s supply will be prescribed. Patients with chronic conditions should visit their GP for extended care.

     

    SCHEDULE 3 – TESTING (PATHOLOGY) SERVICES

    1. THIRD PARTY LABORATORY

    1.1 All testing (pathology) Services recommended by the Company Clinicians will be provided in conjunction with an Affiliate laboratory or laboratories with which the Company has entered into arrangements for those Services.

    1.2 From time to time the Company may have arrangements in place with Affiliate laboratories that provide testing Services in relation to Clinician recommendation. The Affiliate laboratory is a separate entity from the Company and to the extent permitted by law the Company disclaims any liability for any acts or omissions of the partner laboratory.

    1.3 By ordering any testing Services, you agree to comply with any instructions provided in relation to the testing Services including (without limitation) in relation to the booking and administration of tests, receipt and provision of test materials and samples (including delivery by post or attendance in person at test facilities) and payment.

    1.4 You further agree to any additional costs incurred outside of the Company

    1.5 From time to time, the user may have private insurance to cover lab tests or other investigations. In this case, the Company when reasonable, may provide a referral letter so that such pathology services can be rendered at an alternative facility. It is then the user's responsibility to organise any payment or reimbursement needed for their insurance claims. 

    1.6 Processing time for a returned test result will vary depending on the test but the Company will use reasonable endeavours to procure that the laboratory analyses the test and returns results within 14 business days. Results will be delivered to you by encrypted email and you explicitly consent to that by using our services. 

    1.7 Tests to be administered at a drop in testing centre will be subject to the terms and conditions of that centre and the opening hours of that centre.

     

    SCHEDULE 4 - PRIVATE REFERRALS

    1. PRIVATE REFERRAL REQUESTS

    1.1 From time to time, users may ask iPrimary Care Clinicians a referral letter for a specialist. This request can be granted based on clinically appropriate contexts.

    1.2 Clinicians can refuse a request if they deem the request is not in the best interest of the patient's health. 

    1.3 Private referrals are provided only to face to face (video) consultations.

    1.4 The cost of private referral letters is included in the cost of the video consultation for that request. Refunds are not made in the case a referral letter request is denied. See section 9 for reference.

     

    SCHEDULE 5 – SAFE GUARDING POLICY

    1. SAFE GUARDING POLICY

    1.1 It is the responsibility of all staff of iPrimaryCare to safeguard the moral, psychological and physical wellbeing of all patients regardless of gender, religion, race, ability, disability, sexuality and social back ground by protecting them from any form of physical, emotional and sexual abuse or neglect. The Company's safe guarding policy is available here. 

    1.2 Company clinicians and staff will share information with patient’s consent where possible. In the following circumstances it may be appropriate to share information without patient consent:

    • Where a possible crime has been committed.
    • Where there is danger to life.
    • Where there is danger to the community/public safety concerns.
    • Where the alleged abuser is a care worker/health care professional

     1.3 If an adult patient lacks capacity, it is acceptable to share information if it is considered to be in the patient’s best interests at the time.

    1.4 If the patient consents and it will not compromise their safety, the patient’s regular GP will be informed urgently of any safeguarding issues.

    1.5 If you have any concerns about the safety of any adult or child please discuss with any clinician or staff member. Contact us by phone 07536 110822 or by email info@iprimarycare.com.

    SCHEDULE 6 – FAIR USE POLICY

    1. FAIR USE POLICY

    1.1 This policy is designed to make sure we can give you Services that are convenient, personalised, affordable and reliable.  If you breach this policy, we may:

    • give you a notice to stop or moderate the unacceptable use(s); or
    • terminate or suspend your Services, with or without notice as we consider appropriate, under the Terms.

    1.2  There is no limit on the monthly number of appointments you may make. However, if we feel that your activities are so excessive that other members are detrimentally affected, we may give you a written warning (by email or otherwise). In extreme circumstances, if the levels of activity do not immediately decrease after the warning, we may terminate or suspend your Services.