We recommend that you check this prior to the confirmed start time of your Live Consultation, as we will not be able to refund your fee if you are unable to connect to a Live Consultation as a result of the operating system and / or browser that you are using, or if you have a poor internet connection.

For the Internet connection, we recommend a minimum of 1MB/s of available bandwidth, and at least 3MB/s of available bandwidth for the best connection for a Live Consultation.

12.3 In the event of a lost connection, the Doctor will endeavour to contact you to re-initiate the consultation or contact you by telephone.

12.4 You agree and accept that we are not responsible for:

• (i) The availability of the internet or any communications network; or
• (ii) For any errors caused by transmission of information, data or communication over telecommunication carriers or poor Internet connections.

 

13.0 Unavailability of the Services

13.1 We will do our utmost to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

13.2 In the unlikely event of a problem with the provision, or the unavailability, of the Services:

• (i) We will use our reasonable efforts to restore the Services and rectify any defects;
• (ii) You will not be required to pay or (if applicable) you shall be entitled to a refund for any Service or Product purchased where we have caused such defect and we were unable to provide you with the Service or Product following your purchase.

 

14.0 Your use of the Treat It System and the Services

14.1 You must not use the Treat It System (or any part of it):

• (i) in any way that causes, or is likely to cause, the Treat It System (or any part of it), or any access to it, to be interrupted, damaged or impaired in any way, or
• (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or
• (iii) to cause annoyance, inconvenience or anxiety.

14.2 We reserve the right to withdraw the Services, terminate your Account, remove or edit any associated content and/or terminate or suspend your access to the Services at any time if you are in breach or we reasonably suspect that you are in breach of any applicable laws, these Terms or any other applicable terms and conditions, guidelines or policies, or if we cease to offer (or change the way in which we offer) the Treat It System or the Services. You will not be entitled to any compensation for such withdrawal, removal, termination or suspension. Following termination or suspension of your access to the Services for any reason, we may retain your Account details and other records relating to you for record keeping.

14.3 By proceeding to use the Treat It System, you agree to the following:

• (i) The services provided to you are conditional upon you providing information by completing the consultation questionnaires on our website truthfully and honestly. You must disclose all relevant information truthfully to the best of your knowledge. This applies to both completed questionnaires as well as any other communication with a Doctor.
• (ii) The Services and Advice provided to you when you use the Treat It System is based on the information you have supplied. It is your responsibility to ensure this information is accurate and complete and you accept that failure to do so (whether intentionally or not) will affect the Advice given to you and the medicines prescribed to you and, as such, may have consequences for which neither we or any Doctor can be responsible for.
• (iii) We cannot accept liability and are not liable for any loss, damage or distress that you may suffer as a result of your failure to follow Advice provided to you when you use the Treat It System or from your failure to pass on information to your regular healthcare provider. You accept that the Advice given to you by any Doctor does not replace the advice you receive from your regular healthcare provider. You must tell your regular healthcare provider about any treatment and/or medication that you receive through use of the Treat It System.
• (iv) You agree that you are solely responsible for ensuring that you understand the questions in the questionnaires you complete when using the Treat It System. If you are unsure about any questions or you do not fully understand the Advice given to you, please do not continue the process any further and instead contact your regular healthcare provider.
• (v) If medication is prescribed and dispensed to you, you are responsible for checking that the medication dispensed by the Pharmacy is the correct medication and that such medicine is not damaged in any way. If in doubt, you must contact the Pharmacy to seek advice. You must carefully read all product packaging and labels prior to taking any medication or commencing treatment.
• (vi) Where you are being provided with Services that involve a Doctor who you know, are connected to or who works at a practise where you are registered under the National Health Service (NHS), you must immediately notify that Doctor, who will then arrange for another appointment with an alternative Doctor. The Services cannot be used to replace a service provided by the NHS.

14.4 By registering with us, and placing an order through the Treat It System, you warrant and represent to us that:

• (i) you are legally capable of entering into binding contracts;
• (ii) you are resident in the UK;
• (iii) you are at least 21 years old;
• (iv) you are accessing the Treat It System from within the UK;
• (v) you have not registered with us more than once and only for yourself;
• (vi) you have provided your legal name and permanent address;
• (vii) you have answered all questions truthfully and fully and you have not omitted anything of importance; and
• (viii) you have not completed the questionnaires on behalf of anyone other than yourself.

14.5 You further undertake that:

• (i) you will not take part in a Live Consultation or use the Services on behalf of anyone other than yourself;
• (ii) you will comply with any instructions given in relation to any prescription provided to you including in particular route of administration, timing and dosages, and you will promptly report any side effects of any prescription to a Doctor;
• (iii) you will not use any medication prescribed to you after its expiry date;
• (iv) you will immediately notify us or the Doctor with whom you have a Live Consultation if any information held on the Treat It System about you is inaccurate or incomplete;
• (v) in the interests of maintaining privacy and security of information, you will not make any private copies of any recordings of consultations or allow anyone other than yourself to access information from your Account;
• (vi) if you have any concerns or doubts about any Advice you receive or fail to receive as a result of using the Services, you will seek immediate medical help from the emergency services or your GP or other registered health professional; and and
• (vii) you will not permit any unauthorised person to access your prescription or use medication prescribed to you.

 

15.0      Limitation of Liability

15.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms shall affect your statutory rights.

15.2 Except as may be expressly set out in these Terms, all conditions, representations and warranties relating to the Treat It System are excluded to the maximum extent permitted by law.

15.3 We shall not be liable for any defects or errors in the Treat It System or the Services, nor interruptions in or unavailability of the Services, nor any breach of any obligations due to a cause beyond our reasonable control.

15.4 Subject to paragraph 15.1 above, and to the extent permitted by law, neither the Treat It, any Doctor or any third parties involved in or connected with the provision of the Services shall be liable for:

• (i) any loss, damage or distress arising from reliance on information or reliance on availability of the Services; or
• (ii) any indirect, consequential or economic loss, damage or distress (including any such loss, damage or distress arising from unauthorised use of or damage to your data or content), incurred by you or any user of the Services as a result of using the Treat It System.

15.5 Subject to paragraph 15.1 above, and to the extent permitted by law, neither the Treat It, any Doctor or any third parties involved in or connected with the provision of the Services shall be liable for any loss, damage or distress or damages arising in circumstances where the Services, Advice or Products are used for any treatment that is urgent, is an emergency or where a physical face to face examination is required or where the issue is suited to non-remote communication. We advise that, in any of these circumstances, you contact your GP, other medical practitioner or the emergency services.

15.6 Treat It is a distinct and separate entity to:

15.6.1 the pharmacies listed on the Website;

15.6.2 any other third party referred to in these Terms as a supplier of Products (including, without limitation, TDL).

15.7 In the circumstances, and to the extent permitted by law, Treat It disclaims any liability for any acts or omissions of these pharmacies. Treat It has no control over or responsibility for any individual pharmacy, or its policies in relation to the acceptance or dispensing of prescriptions, the supply of other products and services, or delivery or opening times.

15.8 All Doctors are also independent contractors and any Advice provided or offered to you by a Doctor is the sole responsibility of that Doctor. In the circumstances, and to the extent permitted by law, the Treat It does not warrant or make any representation as to the Advice provided by any Doctor, and disclaims any liability for the acts or omissions of any Doctor.

15.9 Without prejudice to the exclusions and other limitations on our liability, our total liability to you in connection with the Services whether under contract, tort, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed £1,000.

16.0 Content on the Treat It System

16.1 Treat It does not warrant or make any representation as to the accuracy of any information or advice or any material or links to any articles or publications on the Website or any part of the Treat It System. Treat It provides the service of connecting users to a Doctor and pharmacies via the Treat It System, and does not directly dispense medication. Any information provided on the Website or any part of the Treat It System is for educational and informational purposes only, and none of it should be construed or relied upon as medical advice, unless it is directly provided to you by a Doctor.

16.2 Treat It  does not accept any responsibility for any loss which may arise from reliance on any information contained on the Website or any part of the Treat It System.

17.0 Intellectual Property Rights

17.1 You acknowledge that the Treat It System, and all content published and / or stored on it, are protected by copyright, database rights, trademarks and other intellectual property rights of us and our licensors, as applicable, and all rights not expressly granted to you are reserved to us and our licensors.

17.2 We hereby grant you a non-exclusive and non-transferable licence to:

• (i) use the Treat It System;
• (ii)to access the information and data stored on the Treat It System; and
• (iii) install and use a copy of our mobile and tablet application on your mobile device or tablet, for the purpose of accessing and using the Services, in accordance with these Terms.

17.3 You may not use the Treat It System or the Services in any way incompatible with their intended purpose nor in any unlawful or unauthorised manner and, in particular, you may not:

• (i) make any copy of our mobile or tablet application (other than the permitted copy on your mobile device and/or tablet and a single back-up copy to the extent necessary to exercise your rights under this Agreement); nor
• (ii) modify, adapt, reverse engineer, decompile or disassemble, create derivative works of, publish, distribute or commercially exploit the Treat It System (or any part of it) or any content of the Services; nor
• (iii) remove any copyright or proprietary notices on the Treat It System or the content of the Services; nor
• (iv) use, distribute or disclose confidential, personal or sensitive information within the content of the Treat It System or the Services without appropriate authority; nor
• (v) make any unlawful or unauthorised use of our (or our service providers’) equipment, networks, systems or software (including attempting to gain unauthorised access, introducing any computer virus or malware, or inhibiting their operation).

 

18.0.      Links from the Website

18.1 Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

19.0 Communication – Written/Email

19.1 You accept that communication with us will be mainly electronic and where such information would normally under applicable laws be required to be sent to you in writing you waive this right and agree to receive any such information from us electronically. We will contact you by e-mail, sms and phone or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Treat It can be contacted by writing to The GP Service (UK) Ltd, Coventry University Technology Park, The TechnoCentre, Puma Way, Coventry CV1 2TT or by emailing us at support@treat-it.clinic.

20.0 Use of your Personal Information

20.1 You agree to our use of your personal information as set out in Treat it Privacy Policy.

20.2 In particular, any personal information relating to you that you provide to us or that is generated as a result of your use of the Services (e.g. the results of any consultation with a Doctor) may be used to:

• (i) provide the Services, Advice and/or Products purchased;
• (ii) provide information to other healthcare providers and professionals;
• (iii) take payment for the Services and/or Products purchased;
• (iv) provide relevant information to Doctors and Nominated Pharmacies involved in conducting consultations with you and / or dispensing prescriptions;
• (v) detect or prevent fraudulent activity; and
• (vi) comply with requests by any regulatory authority.

20.3 If you have any concerns in relation to the way we are using your personal data, please contact us at support@treat-it.clinic

21.0 Feedback / Complaints

21.1 If you wish to provide us with any feedback, please email us at support@treat-it.clinic.

21.2 In the event that you wish to make a complaint, you may do so by emailing us at the email address noted above or by writing to us at The GP Service (UK) Limited, Coventry University Technology Park, The TechnoCentre, Puma Way, Coventry CV1 2TT. We request that all complaints are made in writing and as soon as possible after the event so that we may establish what occurred in a timely manner.

21.3 We will allocate a senior member of our team to deal with the issue raised in your complaint. The senior member of our team allocated to your complaint will investigate every aspect of the complaint and discuss it with all those concerned or involved.

21.4 We endeavour to resolve all complaints quickly. We will acknowledge your complaint within three (3) working days and will aim to have it fully investigated within twenty (20) working days from the date we receive it. We will write to you to let you know of any delays to this timescale.

21.5 Upon completing our investigation, you will receive a letter setting out the outcome of our investigation into the complaint. We will ensure that you receive an apology if appropriate, and we will take any and all actions necessary and reasonable to ensure that the problem is not repeated.

22.0 General

22.1 All provisions of this Agreement which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property restrictions and on-going use of your data.

22.2 Termination of this Agreement or the Services shall not affect accrued rights and liabilities of you or us up to the date of termination.

22.3 No provision of this Agreement is intended to be enforceable by any person other than you and us.

22.4 We may, without your consent, sub-contract provision of the App, the Web Ordering Tool and the Services or sub-licence our rights under this Agreement or our third party service providers.

22.5 We may, without your consent, assign or transfer any or all of our rights and obligations under this Agreement to any successor in title of all or part of the App, the Web Ordering Tool, the Services, or intellectual property or other rights or obligations subsisting in relation to the same.

22.6 No failure or delay by a party to exercise any right or remedy provided under this agreement 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.

22.7 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

22.8 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. Nothing in this paragraph clause shall limit or exclude any liability for fraud.

22.9 If any provision of this Agreement is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.

23.0 We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

24.0 This Agreement is governed by the laws of England and Wales, and the courts of England and Wales shall have jurisdiction to hear any disputes arising in connection with it.

Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

By post to:

The GP Service (UK) Limited,

Coventry University Technology Park,

The TechnoCentre, Puma Way,

Coventry,

CV1 2TT,

Or by email to:

support@treat-it.clinic.

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate