TERMS AND CONDITIONS

What’s in these terms?

These terms tell you the rules for using our website countymedical.co.uk County Medical.

Who we are and how to contact us

countymedical.co.uk is a site operated by County Medical Services Limited (“We“). We are registered in England and Wales under company number 13733150 and have our registered office at 93 Tabernacle Street, London, England, EC2A 4BA. To contact us, please email Admin@countymedical.co.uk.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• • • • • • • • Our Privacy Policy co.uk/privacy-policy. See further under How we may use your personal information.
              • Our Acceptable Use Policy
              • co.uk/acceptable-use-policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

We may make changes to these terms and our site

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. We may make changes to our site. We may update and change our site from time to time to reflect changes to our users’ needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

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.

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. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Admin@countymedical.co.uk.

How you may use material on our site

We are 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 and you may draw the attention of others within your organisation to content posted on our site. 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 and the status of our contributors as authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

• • • • • • • • Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
              • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to 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 site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site 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.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards, blogs, articles and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us at Admin@countymedical.co.uk.

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 and for fraud or fraudulent misrepresentation. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• • • • • • • • use of, or inability to use, our site; or
              • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• • • • • • • • loss of profits, sales, business, or revenue;
              • business interruption;
              • loss of anticipated savings;
              • loss of business opportunity, goodwill or reputation; or
              • any indirect or consequential loss or damage.

How we may use your personal information

We will only use your personal information as set out in our countymedical.co.uk/privacy-policy.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy countymedical.co.uk/acceptable-use-policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy countymedical.co.uk/acceptable-use-policy. You are solely responsible for securing and backing up your content. We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

• • • • • • • • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;
              • a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners to use the content in accordance with the functionality of the site forever.

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 site. You should use your own virus protection software. You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.

Rules about 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. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy countymedical.co.uk/acceptable-use-policy. If you wish to link to or make any use of content on our site other than that set out above, please contact Admin@countymedical.co.uk.

Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.

Who we are and what this agreement does

We are County Medical Healthcare Limited of 93 Tabernacle Street, London, EC2A 4BA and license you to use:

• • • • • • • • • • County Medical mobile application software (App) and any updates or supplements to it.
                  • The service you connect to via the App and the content we provide to you through it (Service).

as permitted in these terms.

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy countymedical.co.uk/privacy-policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Additional terms for specific Services

In addition the Services set out below will be governed by the following terms of use and privacy policies:

• • • • • • • • • • Patient Terms & Conditions
                  • Consultant Terms & Conditions
                  • Privacy Policy

Operating system requirements

This app requires am iPhone or Android device with  IOS 9 or above and Android version 7 or above and an operating system that supports Chrome, Firefox, Safari and Edge with bandwith 2+ mbps, uploads jpg,png, pdf and Mp4 with a network on 3G+ or better.

Support for the App and how to tell us about problems

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at Admin@countymedical.co.uk or call them on 0800 037 0036.

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

• • • • • • • • • • download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only; and
                  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

You must be 18 to accept these terms and buy the app

You must be 18 or over to accept these terms and buy the App.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App 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.

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 SMS with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App 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 App and the Services.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We may collect location data (but you can turn location services off)

Certain Services, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

You may stop us collecting such data at any time by turning off the location services settings.

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

• • • • • • • • • • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
                  • not copy the App or Services, except as part of the normal use of the App 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 App or Services nor permit the App 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 App 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 App 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 App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
                    • • • • • • • • • • is not disclosed or communicated without the Licensor’s 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
                                      • is not used to create any software that is substantially similar in its expression to the App;
                                      • is kept secure; and
                                      • is used only for the Permitted Objective;
                  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

• • • • • • • • • • not use the App or any Service 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 App, any Service or any operating system;
                  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (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 App or any Service;
                  • not use the App or any Service 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 Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but 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.

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 or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. 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.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App 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 App and Services:

• • • • • • • • • • You must stop all activities authorised by these terms, including your use of the App and any 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 Services.

We may transfer this agreement to someone else

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.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

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 a court finds part of this contract illegal, the rest will continue in force

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

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it 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.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

PLEASE READ THESE TERMS CAREFULLY

BY BOOKING AN APPOINTMENT YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BOOK AN APPOINTMENT.

EMERGENCIES

THIS SERVICE IS NOT TO BE USED IN AN EMERGENCY.

IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN URGENT NEED OF MEDICAL ATTENTION YOU SHOULD CONTACT THE EMERGENCY SERVICES IMMEDATELY BY CALLING 999.

1. These terms

1. 1. What these terms cover. These are the terms and conditions on which we supply our services to you using our mobile applications and/or tablet applications (App).
   2. Why you should read them. These terms tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

1. 1. Who we are. We are County Medical Healthcare Limited a company registered in England and Wales. Our company registration number is 08272908 and our registered office is at 93 Tabernacle Street, London, EC2A 4BA.
   2. How to contact us. You can contact us by telephoning our customer service team at 0800 037 0036 or by writing to us at Admin@countymedical.co.uk or County Medical Healthcare Limited, 93 Tabernacle street. London, EC2A 4BA.
   3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

1. 1. Our services. Our App offers you:
      1. the ability to input your medical and personal information to assist with the appointment service provided;
      2. the ability to browse and select a qualified medical practitioner based on the profiles available on our App;
      3. to book an appointment with your chosen practitioner at a date and time of your choosing (subject to availability);
      4. to attend a virtual appointment with a practitioner via video call using our App;
      5. agree follow up action with the practitioner;
      6. the ability to make payments online if required;
      7. the ability to obtain prescriptions (where applicable) and;
      8. any other services we may provide from time to time,
   2. How we will accept your appointment. Our acceptance of your appointment will take place when our App sends a notification to your device or we send an SMS message to the number you have provided to accept it, at which point a contract will come into existence between you and us.
   3. If we cannot accept your appointment. If we are unable to accept your appointment, we will inform you of this in writing either when our App sends a notification to your device or we send an SMS message to the number you have provided and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the service or because we are unable to meet a deadline you have specified for the appointment.
   4. Your appointment number. Our App will assign a number and tell you what it is when we accept your appointment. It will help us if you can tell us the number whenever you contact us about your appointment.
   5. We only offer appointments patients in the UK. Our App is solely for the promotion of our services in the UK. If you are outside the UK and intending to use our services, you should check if it’s legal to use our services in your location.
   6. We only accept appointments where the services have been approved by a consultant. The acceptance of an appointment may be subject to you providing a letter from your current general practitioner which may include but is not limited to past medical history.

4. Your rights to make changes

If you wish to make a change to the appointment or service such as appointment length or practitioner you may do so using our App. The App will notify you if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 – Your rights to end the contract).

5. Our rights to make changes

1. 1. Minor changes to the service. We may change the service:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes may have a minor impact on the use of the App please see our licence terms and conditions for more information.
   2. More significant changes to the services and these terms. In addition, as we informed you in the description of the service on our App, we may make changes to these terms or the service, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.

6. Providing the services

1. 1. When we will provide the service. During the appointment process we will let you know when we will provide the service to you. We will begin the services on the date and time set out in the appointment confirmation. Appointment dates and times are subject to availability and it may be necessary to make changes to appointments. Please see clause 7 – Your rights to end the contract for more information on your rights where we make changes to the services.
   2. We are not responsible for delays outside our control. If the service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
   3. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, proof of identification in the form of photographic identification such as passport or driving licence, private medical information, your consent that we may contact your current General Practitioner to confirm that the information provided is correct and your current General Practitioners contact details. If so, this will have been stated in the description of the services on our App. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the service late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
   4. Reasons we may suspend the supply of the service to you. We may have to suspend the supply of the service to:
      1. deal with technical problems or make minor technical changes;
      2. update the service to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the service as requested by you or notified by us to you (see clause 5).
   5. Your rights if we suspend the supply of the service. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend the service, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
   6. We may also suspend supply of the service if you do not pay. If you do not pay us for the service when you are supposed to (see clause 4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).

7. Your rights to end the contract

1. 1. You can always end your contract with us. Your rights when you end the contract will depend on the service, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      1. If the service is faulty or misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), see clause 10;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      3. If you have just changed your mind about the service, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of any services already received;
      4. In all other cases (if we are not at fault and there is no right to change your mind).
   2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 2);
      2. we have told you about an error in the price or description of the service and you do not wish to proceed;
      3. there is a risk that supply of the service may be significantly delayed because of events outside our control;
      4. we have suspended supply of the service for technical reasons, or notify you we are going to suspend them for technical reasons; or
      5. you have a legal right to end the contract because of something we have done.
   3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
   4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
   5. How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your appointment. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

8. How to end the contract with us (including if you have changed your mind)

1. 1. Tell us you want to end the contract. To end the contract with us, please let us know by following the instructions on the App.
   2. How we will refund you. We will refund you the price you paid for the service by the method you used for payment. However, we may make deductions from the price, as described below.
   3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
   4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind, subject to the deductions outlined above.

9. Our rights to end the contract

1. 1. We may end the contract if you break it. We may end the contract at any time if:
      1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; and
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service.
   2. We may withdraw the service. We may write to you to let you know that we are going to stop providing the service. We will refund any sums you have paid in advance for services which will not be provided.

10. If there is a problem with the service

1. 1. How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone our customer service team at 0800 037 0036 or write to us at Admin@countymedical.co.uk or County Medical Healthcare Limited, 93 Tabernacle Street, London EC2 4AB.
   2. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

11. Price and payment

1. 1. Where to find the price for the service. The price of the service will be the price indicated on the relevant section of the App when you submit your appointment request. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the service.
   2. Medical insurance. There may be instances where you have the benefit of private medical insurance. Where you are relying on private medical insurance to pay for the services this should be outlined when submitting an appointment request. You will be responsible for determining whether any private medical insurance will cover the price for the service. You should note that if there is a short fall between the amount contributed under private medical insurance and the price for the service you will be responsible for these charges.
   3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we offer may be incorrectly priced. We will normally check prices before accepting your appointment so that, where the service’s correct price when your appointment is made is less than our stated price when your appointment is made, we will charge the lower amount. If the service’s correct price when your appointment is made is higher than the price stated to you, we will contact you for your instructions before we accept your appointment. If we accept and process your appointment where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
   4. When you must pay When you must pay depends on whether you are relying on private medical insurance or if the Consultant has agreed to see you free of charge. This will be clarified when making a booking. To book an appointment payment must be made in full in advance of the appointment unless confirmation has been provided that you will be relying on private medical insurance or confirmation that the Consultant is seeing you free of charge. Where you are relying on private medical insurance and there is a short fall between the contribution from your insurer and the charges then you may be required to make a payment to the Consultant directly after the consultation.
   5. How you must pay. When making payment in full in advance, this is processed by a third party called Stripe Payments UK Ltd (Stripe). Payment can be made with visa, debit, credit, mastercard, maestro, dinners card, apple pay, google pay and American Express.,. Please check Stripes terms and conditions and privacy policy at https://stripe.com/payment-terms/legal and ensure that you are happy with these terms before making payment. If you are relying on private medical insurance and there is a short fall between the contribution from your insurer and the charges then the Consultant shall notify you and you must make payment within 7 days of demand. This payment will be made directly to the Consultant who will notify you of the payment information. Where the Consultant has agreed to consult with you for free there will be no payment required.
   6. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
   7. What to do if you think an payment is wrong. If you think a payment is wrong please contact us promptly to let us know.

12. Our responsibility for loss or damage suffered by you

1. 1. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE CONTENT OF ANY TREATMENT RESPONSE FROM ANY PRACTITIONER. ANY VIEWS EXPRESSED OR ADVICE PROVIDED BY A PRACTITIONERS ARE NOT ENDORSED BY US. YOU AND YOUR PRACTITIONER ARE SOLELY RESPONSIBLE FOR ALL INFORMATION PROVIDED AND/OR ADVICE GIVEN VIA THE APP.
   2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but 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 the contract was made, both we and you knew it might happen. Nevertheless, if your appointment has been cancelled or delayed and your condition or symptoms become more sever or the situation becomes more urgent you should contact 111 or your local GP walk-in centre or in the case of serious emergency contact 999.
   3. 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 2.
   4. When we are liable for damage to your property. We are not responsible for any damage to your property as result of using our App.
   5. We are not liable for business losses. We only supply the services for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   6. We are not liable for losses from inability to use the App. We make no warranty that the App or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. Please see our licence terms and conditions for more details.

13. How we may use your personal information

1. 1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

14. Other important terms

1. 1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
   2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
   3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
   4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
   5. Even if we delay in enforcing this contract, we can still enforce it 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. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
   6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
   7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any non-medical complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution (CEDR) via their website at cedr.com/consumer. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
   8. Medical Complaints. If you are not happy with how we have handled any medical complaint, you may want to contact the General Medical Council or Care Quality Commission to raise concerns about a medical practitioner that is registered with either body.

PLEASE READ THESE TERMS CAREFULLY BEFORE SUBMITTING AN APPLICATION TO REGISTER AS A CONSULTANT.

These terms apply to all Consultants that provide a Service through our mobile applications and/or our tablet applications (App).

If you think that there is a mistake in these terms or require any clarification, please contact us to discuss. To contact us, please email Admin@countymedical.co.uk or telephone on 0800 037 0036. For other options, please visit Contact Us on our website.

Agreed terms

1. Interpretation

The following definitions and rules of interpretation apply in these terms (unless the context requires otherwise).

 1.1 Definitions:

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Agreed Purposes: the provision of medical services in accordance with the Client privacy policy.
                                                                                        • Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
                                                                                        • Consultant: the person, company or entity from whom the Client purchases the Services. This shall include but is not limited to general practitioners, consultants, doctors, dieticians, and physiotherapists.
                                                                                        • Client: County Medical Healthcare Limited incorporated and registered in England and Wales with company number 08272908 whose registered office is at 93 Tabernacle Street, London, EC2A 4BA.
                                                                                        • Client Property: all documents, books, manuals, materials, records, correspondence, papers and information (on whatever media and wherever located) relating to the Business or affairs of the Client or its customers and business contacts, and any equipment, keys, hardware or software provided for the Consultant’s use by the Client during the Engagement, and any data or documents (including copies) produced, maintained or stored by the Consultant on the Client or the Consultant’s computer systems or other electronic equipment during the Engagement.
                                                                                        • Confidential Information: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, patients, suppliers, services, affairs and finances of the Client for the time being confidential to the Client and trade secrets including, without limitation, technical data and know-how relating to the Client or any of its suppliers, customers, clients, agents, distributors, shareholders, management or business contacts, including (but not limited to) information that the Consultant creates, develops, receives or obtains in connection with their Engagement, whether or not such information (if in anything other than oral form) is marked confidential.
                                                                                        • Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures: as set out in the Data Protection Legislation.
                                                                                        • Data Discloser: a party that discloses Shared Personal Data to the other party.
                                                                                        • Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications)];
                                                                                        • UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
                                                                                        • Deliverables: any outputs of the Services and any other documents or materials provided by the Consultant to the Client and any other documents and materials provided by the Consultant to the Client in relation to the Services (excluding the Consultant’s equipment).
                                                                                        • Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR), the Data Protection Act 2018 (and regulations made thereunder) or any successor legislation, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
                                                                                        • Insurance Policies: Medical indemnity insurance.
                                                                                        • Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
                                                                                        • Mandatory Policies: The Client’s policies, procedures and codes of practice that it has in place from time to time.
                                                                                        • Permitted Recipients: the parties to this agreement, the employees of each party, any third parties engaged to perform obligations in connection with this agreement.
                                                                                        • Services: the services provided by the Consultant in a consultancy capacity for the Client as specified in clause 3.
                                                                                        • Shared Personal Data: the personal data to be shared between the parties under clause 9 of this agreement. Shared Personal Data shall be confined to the following categories of information relevant to the following categories of data subject: identity data, contact data, race, ethnic origin, health data, sex life and sexual ordination.
                                                                                        • Termination Date: the date of termination of these terms, howsoever arising.

 1.2 Interpretation:

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
                                                                                        • Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
                                                                                        • A reference to writing or written includes email.

2. Term of engagement