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.
Please note that, where your use of our Services has been paid for by your employer under the terms and conditions that we have entered into with them, you will need to accept these Terms and you understand that your use of our Services will be on these Terms where:
- you are no longer an employee of that employer;
- you have already used the maximum number of Consultations covered by your employer’s subscription and your employer has not agreed to cover your further use of our Services; or
- our contract with your employer has terminated.
In such circumstances, you will be responsible for paying the Charges as set out in these Terms for any further use by you 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 email@example.com 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.
- Our Services are not suitable where a physical examination is necessary. HealthSteer does not provide diagnostic services, blood testing, surgery or medication, and only provides a symptomatic consultation carried out by a Doctor.
- Prescriptions, referral letters and fit notes are only able to be provided following a Consultation.
- 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, referral letters, or fit notes (if necessary); we will also provide you with complete access to your health records that we hold (“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 ourServices 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 Services for any commercial or business purpose.
8. RESTRICTIONS ON YOUR USE OF THE PLATFORM
- not use the Platform or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform, or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or Services (to the extent that such use is not licensed by these Terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or Services;
- not use the Platform or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running our Platform.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy any part of the Platform or Services, except as part of the normal use of the Services or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform or Services nor permit the Platform or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and the Services on devices as permitted in these Terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Platform to obtain the information necessary to create an independent program that can be operated with the Platform or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
- i. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- ii. is not used to create any software that is substantially similar in its expression to the Platform;
- iii. is kept secure; and
- iv. is used only for the Permitted Objective;
5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform or Services.
We are giving you personally the right to use the Platform and the Services. You may not otherwise transfer the Platform or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
9. WE MAY MAKE CHANGES TO THESE TERMS
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 14 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next access the Platform. If you do not accept the notified changes you will not be permitted to continue to use the Platform and/or the Services. These Terms were most recently updated on Saturday 28th March 2020.
10. WE MAY MAKE CHANGES TO OUR SITE OR APP
From time to time we may automatically update the Platform and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Platform for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform and the Services..
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 firstname.lastname@example.org 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 Platform, 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 General Data Protection Regulation ((EU) 2016/679) and the Data Protection Act 2018, HealthSteer is the data controller with respect to personal data that you provide through the Platform and in the provision of the Services.
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 data protection; 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 Services, improving the Services, 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://www.barclaycard.co.uk/business
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 10.00 – 14.00 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.
You will be required to verify your identity at the start of the Consultation to the satisfaction of the Doctor carrying out the Consultation. Neither the Doctor nor HealthSteer will have any obligation to proceed with the Consultation if you are not able to verify your identity, and in such circumstances the Doctor may cancel the Consultation.
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 Site at the time of our commitment to provide services.
You are responsible for paying the price for our Services (“Charges”). Charges exclude VAT, where applicable, unless otherwise stated.
Our Charges may either be subscription based or on a pay-as-you-go basis.
Our pay as you go Services are charged as follows:
Each Consultation shall be charged at a flat fee which will be displayed to you before you confirm your booking (“Flat Fee”). In the event that a Consultation lasts longer than 10 minutes, further charges may be applicable and notified to you before they are charged, a “Call Extension Fee”. We will also charge you a fee for administering your prescription, a “Prescription Admin Fee”, providing you with a fit note, a “Fit Note Fee”, and providing you with a letter recommending that you be treated by a specialist, a “Referral Letter Fee” if deemed necessary by the Doctor conducting your Consultation. These Charges will be indicated to you before you confirm your request.
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.
Payments must be made at the time of booking the Consultation. We accept all major credit cards, debit cards.
Our Subscription are charged as follows:
Subscriptions available within the App are monthly or annual subscriptions (“Subscriptions”), payable up- front in advance, and cover a limited number of Consultations and follow-up Services. These Charges will be displayed to you before you confirm your Subscription.
Subscriptions will automatically re-new 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.
For as long your Subscription is active, you acknowledge and agree that we are authorised to charge the same payment method as you used to set up the Subscription. The Charges will continue to be billed to the payment method you provided automatically until cancelled. You must cancel your Subscription before it renews each month or year (as applicable) in order to avoid billing of the next set of Charges for your Subscription to the payment method you provided.
How we will increase our Charges:
The Charges that apply when you initially register with us will apply throughout the first 12 months of your agreement with us (whether you are using our pay-as-you-go Services or have purchased a Subscription), at which time you agree that we may increase the Charges in line with the Retail Price Index. We may increase the Charges for our Services in this way every 12 months. We will notify you at the time of such change in advance of your next periodic payment. If you do not want to continue using our Services as a result of a change made to our Charges, you may cancel it in advance of your next periodic payment.
Your card details:
By inputting the details you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery of the Services.
We reserve our right to cancel your purchase without prior notification (although we will let you know if this is the case as soon as possible) where your card details have been flagged by our fraud screening processes or are declined by our fraud screening processes.
You agree to promptly notify us of any changes to the payment method you provided while any Subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all Subscriptions purchased by you.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your purchase and payment secure, but unless we have not taken reasonable steps (and for the avoidance of doubt all steps that may be required by law) to prevent such unauthorised access, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when purchasing our Services.
19. CANCELLING OR CHANGING CONSULTATION BOOKINGS
You may 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 rearrange 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 £39.95 will be payable. You should note that we will do our best to accommodate any requested rearranging but such rearranging 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 and we are at fault, 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 our 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 Doctors via our Services, and any other Services that you have used. 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 our 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.
In respect of any refunds you may be due, we may deduct any banking costs or admin fees from your refund as necessary.
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 email@example.com
We may end our agreement with you, subject to applicable regulation if you do not pay us any Charges on time. We may also end your rights to use the Platform and Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the Platform and Services:
- You must stop all activities authorised by these Terms, including your use of the Platform and Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Platform and Services.
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. Prescriptions will be sent by post and/or email to a reputable pharmacy agreed between you and the customer service agent. Under no circumstances will the prescription be sent directly to you.
The cost of Prescriptions is not covered by HealthSteer or included in the Charges.
22. REFERRAL LETTERS
Doctors cannot refer you directly to a specialist but may be able to refer you to a private healthcare specialist chosen by you and able to be accessed through your private medical insurance. HealthSteer is not responsible for the costs of or relating to such referrals, Prescriptions or any future consultations carried out by other healthcare providers.
Once a referral letter has been provided, it will be your responsibility to provide the letter to your chosen specialist and to book an appointment with that specialist, or to discuss your options for referral with your GP.
23. 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 Platform or Services 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 Services 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 or our failing to use reasonable care and skill up to a maximum of £1,000,000. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
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. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
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.
The Platform and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform and the Services (as described on the appstore site) meet your requirements.
Any complaints in respect of the Services should be made following HealthSteer’s then current “Complaints Procedure” which can be found here: healthsteer.co.uk/complaints.
24. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our Platform 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.
25. 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 firstname.lastname@example.org .
26. 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.
27. 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.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If 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 only transfer your rights or your obligations under these Terms to another person if we agree in writing. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.