TERMS OF SERVICE
These terms of service (hereinafter referred to as the “Terms”) define the relationship between MD INTERNATIONAL LTD, 38 BERKELEY SQUARE, LONDON, W1J 5AE, Company number 10706483. (hereinafter referred to as “Docly” or “we”), and you as a receiver of NHS primary medical services from Docly (the "Docly Service"). Docly are subcontracted by the medical practice at which you are registered ("Your Practice") to provide the Docly Service to its registered list of patients.
These Terms also govern your use of Docly’s digital platform (the “Platform”), (irrespective of how you access the Platform) for the receipt of the Docly Service digitally.
More information about Docly is available at www.docly.uk.
The Platform is NOT to be used in situations requiring emergency medical care.
IF YOU BELIEVE THAT YOU ARE IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 999 or immediately attend the emergency department of the nearest hospital.
An emergency situation is when someone is seriously ill or injured and their life is at risk.
Medical emergencies can include:
loss of consciousness
an acute confused state
fits that aren't stopping
severe bleeding that can't be stopped
severe allergic reactions
severe burns or scalds
Call 999 immediately if you are having a heart attack or stroke.
Also call 999 if you have, or believe you have had, a major trauma, such as after a serious road traffic accident, a stabbing, a shooting, a fall from height, or a serious head injury.
Further guidance can be found here: https://www.nhs.uk/using-the-nhs/nhs-services/urgent-and-emergency-care/when-to-call-999/
If you need help when the Docly service is not available and cannot wait then call NHS 111.
You register your user details the first time you use the Platform. After this, you log in using a username and password to access your account.
You must be at least 18 years of age to be a registered user of the Docly Service and be a registered patient of Your Practice. By agreeing to these terms you are warranting that this is the case.
The use of the Platform may only relate to a personal medical consultation as a registered patient at Your Practice.
Through use of the Platform, you undertake to:
● seek care from a public healthcare facility, primary care clinic, walk-in or urgent care centre or emergency department of a hospital in the event that the treated condition worsens;
● refrain from using the Platform for any purpose other than for accessing the Docly Service / a personal medical consultation with Docly and only in cases where you are authorised in accordance with “User registration” above;
● not give any other person access to your ID, password or any other form of access to your Docly login;
● notify Docly immediately if you suspect that another person has accessed your account or in some other way gained access to your Docly login;
● immediately notify us of changes to previously submitted information about name, address, phone number, email, etc;
● refrain from – within the context of the Platform – distributing or otherwise transmitting data or information that (i) you are not entitled to disseminate by law or agreement, (ii) infringes, contributes to infringement, or encourages others to infringe on intellectual property rights or business secrets, (iii) contains viruses, trojans, internet worms, other malicious software or malicious code, or which may otherwise damage or adversely affect the Platform, or (iv) otherwise causes damages or other disadvantage to Docly or a third party.
Docly is the owner or licensee of all intellectual property rights in the Platform and in the material published on it. These 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 Platform for your personal (non-commercial) 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. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
If you print off, copy or download any part of our Platform in breach of these Terms or otherwise breach our intellectual property rights, 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.
Docly provides the Docly Services in compliance with healthcare regulatory requirements including the NHS (GMS Contracts) Regulations 2015 and General Medical Council and Care Quality Commission standards of safety and quality (2010: 659) and the Data Protection Act 2018 (the “Regulations”). Docly's medical practitioners are registered with the GMC and are on the NHS England's performers list.
Docly is registered with the CQC to carry out regulated activities and CQC registered is managed by an individual who is registered as a manager, in respect of those activities at or from all locations.
Docly bases its statements and advice on the information you provide in the questionnaire and on any tests performed and so therefore the information you provide must be true and accurate in all respects.
Docly is only responsible for the digital care provided to you via the Docly Service. Docly is not responsible or liable for any consultations or advice provided to you as part of a physical consultation which may be provided to you as a consequence of the digital consultation provided via the Docly Service. The responsibility and liability for such a consultation lies with Your Practice and the healthcare professional providing the physical consultation.
Docly cannot guarantee and does not warrant that the Platform will be free from error or disruptions, that errors will be resolved within a specific time frame, or that the Platform or the servers required for the Platform to function are free from harmful components. Technical malfunctions may prevent your use of the Platform and receipt of the Docly Service.
Docly is not responsible for the availability of the Platform, technical malfunctions, or loss of data. Except in cases where obliged by law, Docly is not obliged to pay compensation for errors, defects, loss of data, or other breach of these Terms on the part of Docly nor will Docly be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise in connection with any inability to use the Platform and receive the Docly Service or use of or reliance on any content displayed on the Platform.
In the event that the Platform is unavailable for any reason and subject to the information above ("EMERGENCIES") please contact Your Practice to book an appointment directly or obtain medical advice. It is your responsibility to seek alternative contact with Your Practice or an alternative healthcare provider if required.
Prescriptions will only be issued by medical practitioners or prescribers, where legal and appropriate and in line with the Docly Repeat Prescription Policy.
TERMINATION OF THE USE OF THE DOCLY SERVICE AND PLATFORM
These Terms are valid until further notice. Both Docly and you, individually, have the right to terminate the Terms at any time. If you would like to stop using the Docly Service, you can contact Docly at firstname.lastname@example.org and request that your account be deleted.
If Docly finds that you are abusing the Platform, you may be blocked from using it immediately. In such case, you will be notified in writing that such action has been taken.
Docly can at any time, and without prior notification, change the design of the Platform and its features, or stop providing the Docly Service.
If Docly's fulfilment of its obligations under the Terms is substantially obstructed or prevented due to circumstances beyond Docly’s control and the consequences of such could not have reasonably been avoided or overcome by Docly, such as but not limited to: general labour conflict, fire, lightning strike, terrorist attack, natural disaster, restrictions of energy supply, changes in government regulations, government intervention, and errors or delays in services from a supplier/subcontractor or Your Practice due to circumstances specified herein, this shall constitute grounds for exemption that free Docly from liability for damages and other penalties.
PERSONAL DATA AND COOKIES
CHANGES AND TRANSFERS
Docly has the right to make changes to these Terms and shall publish the new Terms on www.docly.uk for a reasonable period of time before the change goes into effect. A new version of these Terms applies from the date specified in the new version of the Terms, and will apply to you when you use the Platform or otherwise approve the new Terms after this date.
Docly has the right to transfer the Platform, including all related rights and obligations, to a third party. You may not transfer your rights under these Terms without the prior written consent of Docly.
DISPUTES AND APPLICABLE LAW
The Terms (including this paragraph) shall be interpreted and applied in accordance with English law. Proceedings can be brought in respect of the Platform in the English courts.
If you wish to comment on the care you received from Docly, please see our complaints policy available at www.docly.uk/feedback/.
These Terms constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Commencement. These general terms and conditions apply as of August 22nd 2019.
Third party rights. No one other than a party to these Terms and their permitted assignees shall have any right to enforce any of its terms.
Waiver. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this provision shall not affect the validity and enforceability of the rest of the Terms.