HEALTHSTEER TERMS AND CONDITIONS
1. WHO WE ARE AND HOW TO CONTACT US
http://www.healthsteer.co.uk is a site (“Site”) operated by HealthSteer Limited (“HealthSteer”, “We”, “us” and “our”), along with our HealthSteer app (“App”). Together the Site and the App form a cloud based platform (“Platform”). All Services are accessed through the Platform. These Terms govern the use of the Platform. Please read these Terms carefully and make sure that you understand them. You will need to accept these Terms as part of the Platform registration process. If you do not accept these Terms, you will not be able to register to use the Platform and consequently will not be able to access any of the Services.
We are registered in England and Wales under company number 10465151 and have our registered office at Cambrai Court, Stratford Road, Hall Green, Birmingham, United Kingdom, B28 9AA. Our main trading address is HealthSteer, Main Street, Solihull, B90 1UA, United Kingdom.
To contact us, please email firstname.lastname@example.org or telephone our customer service line 03300 50 60 50.
2. OUR AIMS
HealthSteer aims to provide you with easy and convenient access to high quality healthcare. However, there are some important limitations to the Services that we provide. These include, without limitation:
- The need for you to provide us with certain information.
- We can’t take responsibility for laws outside the UK governing access to our Services. Some of our Services are specifically designed for use in the UK, and if you use them elsewhere you should check in your country or region that it is appropriate and lawful for you to do so.
- Our Services are not suitable for medical emergencies. Please call 999 or go to your local accident & emergency department in the event of an emergency.
- You must be aged 18 or over to register to use the Platform and access the Services.
3. THE SERVICES THAT WE PROVIDE
HealthSteer provides remote medical consultations by a doctor (“Doctor”) comprising of symptomatic reviews either by video or telephone, through our Platform and any subsequent prescriptions (if necessary) (“Services”).
You should not use our Services in a medical emergency or in any situation where a physical examination is necessary.
The Services are not intended to replace your existing General Practitioner (“GP”) or a hospital and should be viewed as an additional optional service. In addition, we recommend that you discuss your use of our Services with your existing GP.
4. OUR REGULATOR
HealthSteer is regulated by the UK Care Quality Commission (“CQC”). Our registration details are available to view on the CQC website.
5. USE OF THE SERVICE FROM OUTSIDE OF THE UK
Although the Service is available to residents and citizens of any country, the Services are provided by Doctors who are qualified in the UK and practice in accordance with UK healthcare regulations and guidelines. Accordingly, HealthSteer does not take any responsibility for any variations in healthcare regulations and guidelines in different countries.
HealthSteer accepts no responsibility for access to the Platform or use of the Services in a country where such activities are unlawful or restricted in any way.
6. PLATFORM REGISTRATION REQUIREMENTS
The Platform and the Services are for use by persons aged 18 or over. HealthSteer does not provide any Services for children aged under 18, save that an adult may use the Platform to discuss medical concerns relating to their child/children aged under 18 with a Doctor.
We can only provide the Services in accordance with these Terms if you provide us with the information we need in order to help you. You must ensure that:
- any information you give to us or a Doctor is accurate and given in good faith as well as being in English;
- if you have any concerns about the Services we provide you, you will seek further medical advice from your GP or another medical professional;
- you follow any instructions you are given by our Doctors including regarding the use of any medicines or healthcare products we recommend or prescribe.
- you report any adverse or unexpected effects of treatments we recommend to us;
- you keep any medicines we give you securely and do not allow others (especially children) to use them;
- you tell us if any of our information about you is or becomes inaccurate or incomplete;
- you use our services only for yourself, unless you are helping a child as per the first paragraph of this section.
Please do not therefore register more than once on the Platform for our Services as this may prevent us from keeping accurate records for you.
7. ONGOING ACCESS TO THE PLATFORM
HealthSteer is unable to guarantee that your access to the Platform or any content on it will be free of interruption, errors or omissions. However, we will use reasonable skill and care to avoid any such interruptions, unavailability, errors or omissions by having appropriate performance, security and quality controls in place.
You are responsible for ensuring that you have all the appropriate hardware and software as well as the sufficient internet bandwidth needed in order to access the Platform.
You are only permitted to access the Platform and use the Services for private use. You must not use the Service for any commercial or business purpose.
8. THERE ARE OTHER TERMS THAT APPLY TO YOU
9. WE MAY MAKE CHANGES TO THESE TERMS
We may amend these Terms from time to time. If we make any such amendments, we will notify you by email when you next log on to the platform. Your continued use of the Platform will constitute your deemed acceptance of such amendments. These terms were most recently updated on Sunday 29th September 2019.
10.WE MAY MAKE CHANGES TO OUR SITE OR APP
We may update and change our Site and App from time to time to reflect changes to our Services, our users’ needs and our business priorities.
11. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com or 03300 50 60 50.
12. HOW YOU MAY USE MATERIAL ON OUR SITE
HealthSteer is the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
HealthSteer’s status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial or business purposes.
If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13. MEDICAL INFORMATION PROVIDED “AS IS”
The content on our Platform is provided for general information only. It is not intended to amount to medical advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.
Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
14. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
15. HOW WE WILL TREAT YOUR CONFIDENTIAL INFORMATION
For the purposes of the Data Protection Act 1998, HealthSteer is the data controller with respect to personal data that you provide through the Platform and in the provision of the Service.
We will make video and audio recordings of your Consultation. These will not be made available to any other party without your consent and will be treated as confidential and will be securely held for as long as is legally required pursuant to all applicable regulations in the UK regarding UK data management; save that your confidential information may be shared with your regular GP without your consent in the event there is an overriding public interest in disclosing such information without your consent.
HealthSteer may use anonymised comments and feedback given on the Platform or through patient surveys for the purpose of quality control of the Service, improving the Service, marketing and general monitoring of the Services.
16. USE OF THIRD PARTY COMPONENTS
We use the following third party components (“Third Party APIs”) with our Platform for the purposes stated:
Payment Gateway: https://stripe.com/gb
Verification and SMS gateway: https://www.textlocal.com
Video API: https://tokbox.com
Customer service software API: https://www.livechatinc.com
Contact information: Google maps
Cookies and analytics: Google Analytics
Server: UK, EEA and United States based company
Use of Third Party APIs will be governed by the terms and conditions of the relevant third party. HealthSteer shall have no liability for your use of Third Party APIs.
17. BOOKING A CONSULTATION
You may use the Platform to book a 10 minute consultation with a Doctor (“Consultation”). The Consultation will be carried out by video conferencing via the Platform. Doctors will be available for Consultations from 19.00 – 22.00 UK time, 7 days a week.
At the time of booking your Consultation, you will be asked to provide brief details of the relevant medical concern as well as choosing a time slot. HealthSteer will confirm the Consultation by email.
HealthSteer reserves the right to deny any person access to the Platform or Service that behaves in an abusive or inappropriate manner towards any Doctor or other HealthSteer staff. In such cases, we reserve the right to terminate your use of the Platform and access to any Services.
The price of our services will be set out in the App or on the website at the time of our commitment to provide services. Our prices may change at any time, but price changes will not affect any services that you have already ordered.
You are responsible for paying the price for our services (“Charges”). Charges exclude VAT, where applicable, unless otherwise stated.
We will usually charge or invoice you for services at the time you order them. Any amounts charged or invoiced are due and payable upon our invoice being issued unless otherwise specified in these terms or the App.
Each Consultation shall be charged at £34.95 (“Flat Fee”). In the event that a Consultation lasts longer than 10 mins, further charges may be applicable.
The Flat Fee does not include a 10 minutes Call Extension Fee at £29.95, a Prescription Admin Fee at £9, Fit Note Fee at £15 or a Referral Letter Fee at £15 if deemed necessary by the Doctor conducting your Consultation.
Subscriptions available within the App are monthly or annual subscriptions (“Subscriptions”), payable up-front in advance. For your convenience, the per-month price may be displayed.
Subscriptions will automatically renew and we will take payment at the end of each monthly or annual subscription period (as applicable), unless you cancel the Subscription prior to the end of the relevant subscription period. We may suspend our provision of services if you do not pay any of our Charges on time.
Payments must be made at the time of booking the Consultation. We accept all major credit cards, debit cards.
19. CANCELLING OR CHANGING CONSULTATION BOOKINGS
You may change OR cancel a Consultation up to 24 hours prior to the Consultation time and receive a full refund of the Flat Fee. If you cancel a Consultation less than 24 hours prior to the Consultation time, you will not be eligible to receive a refund of the Flat Fee.
You may amend a Consultation up to 24 hours prior to the Consultation time at no additional cost. If you wish to amend a Consultation less than 24 hours prior to the Consultation time, an administrative charge of £29 will be payable. You should note that we will do our best to accommodate any requested amendments but such amendments may not be feasible. In such case, you may cancel your Consultation subject to the foregoing paragraph.
If you are more than 5 minutes late for a Consultation, the Doctor may cancel the Consultation without any refund of the Flat Fee being given. However, if you are unable to attend a Consultation as the Platform is unavailable due to us, we may offer you a refund of the Flat Fee or an alternative Consultation.
You may cancel your agreement with us and your Subscription within 14 days of the day on which your Subscription begins (“Cancellation Period”). We will refund your Subscription fee to you within 14 days from the day on which we receive your cancellation notice provided that, if you use the App to receive Clinical Services within the Cancellation Period and you subsequently choose to cancel the Subscription services within the Cancellation Period, we may reduce the amount of any refund (or take payment from you) to recover the cost of any appointments booked with Practitioners via our Clinical Services. These will be priced according to the pay as you go rates published on our website rather than the Subscription fee pro rata to the period of your Subscription period, to reflect reasonable use. We may also charge you for any products you have purchased from us within the Cancellation Period.
If you cancel your Subscription outside of the Cancellation Period but within the first three months of subscribing, and you have used Clinical Services within that period, then we may charge you for a minimum 3 months subscription period (including your first month subscription charge) as well as all other services priced on a pay as you go rate. You can continue to make use of your Subscription for the period for which you are charged.
If you end your agreement with us and you have a Subscription, we will refund the proportion of the Charges you have already paid reflecting the remaining complete months of the Subscription period at the time of your notice in addition to any services at the pay as you go rate published on our website .
If you want to cancel your agreement under this section, you must give us notice by calling us on 03300 50 60 50 or email us at firstname.lastname@example.org
We may end our agreement with you, subject to applicable regulation:
If you do not pay us any Charges on time.
20. OUR DOCTORS
Our Doctors are all in the UK and registered with the General Medical Council. In addition, they are specifically insured to provide the Services.
Our Doctors use guidelines from the General Medical Council and the CQC when prescribing medicines. Accordingly, our Doctor’s will only issue you with a prescription for medicine (“Prescription”) when it is in your best interests to receive medicine.
Please note, certain medications are not suitable for being prescribed online (for example, and without limitation, certain strong painkillers and controlled drugs). The Doctor will advise you of this during your Consultation.
22. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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, for fraud or fraudulent misrepresentation and a breach of the terms implied by the Consumer Rights Act 2015.
Please note that we only provide our Platform and Services for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HealthSteer is not liable for any delays that are outside of our control in the provision of the Service. However, we will take steps to minimise the effect of any delay. Provided we have done this, we will not be liable for any delays. If the delay is significant, we may offer you the option of cancelling your Service and receiving a refund of any pre-paid Flat Fee or amending the Consultation at no additional cost.
We are liable to you for loss or damage if it was a foreseeable result of our breaking these Terms up to a maximum of £1,000,000.
If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content. We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our use instructions or advice in these terms.
The Platform and Services are designed to keep your personal health data secure and it is important that you follow the instructions and advice in these Terms or otherwise made known to you in order to keep your data safe. We are not liable for loss or unauthorised access to your data where it results from you not following such instructions and advice.
23. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform and the Services will cease immediately.
24. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com .
25. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Terms, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
26. OUR TRADE MARKS ARE REGISTERED
“HEALTHSTEER” and the “HEALTHSTEER CLINIC” logo is a UK registered trade marks of HealthSteer Limited. You are not permitted to use them without our approval.
Any notices you give us must be in writing and our address for notices is set out at the start of these Terms. We may give you notice either by email or by post using the information you provide to us upon registration for the Platform.
If any part or parts of these Terms shall be held unenforceable for any reason, the remainder shall continue in full force and effect. If any provision of these Terms is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
You may not assign or transfer any or all of your rights or obligations under these Terms.
If we fail to enforce any our rights, that does not constitute a waiver of that right.