PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY GOVERN YOUR ACCESS, ATTEMPT TO ACCESS AND USE OF CARESCRIBE LIMITED SERVICES.
By using CareScribe Limited, including this Website (https://thehigheredclinic.co.uk / https://thehigheredclinic.com) and our Telehealth Platform (https://higheredclinic.doxy.me) (together, the “Platform”), you accept these terms and conditions in full, along with all other rules, policies and procedures that may be published by CareScribe Limited on the Platform or otherwise communicated to you from time to time by CareScribe Limited (together, the “Terms & Conditions”).
IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS YOU ARE NOT AUTHORISED TO ACCESS OR USE CARESCRIBE LIMITED AND YOU SHOULD EXIT THE PLATFORM AND CANCEL ANY APPOINTMENT IMMEDIATELY.
CareScribe Limited reserves the right to suspend or terminate your access to the Platform at any time, without notice and without liability, if it reasonably determines you have breached these Terms and Conditions.
CareScribe Limited is NOT to be used in an EMERGENCY situation or in seeking medical advice, treatment or a diagnosis.
1. CARESCRIBE LIMITED OVERVIEW
The Website is owned and operated by CareScribe Limited (“CareScribe”, “our”, “us”, “we”), a company registered in England (company number 11309937). The Telehealth Platform used by CareScribe Limited is owned and operated by a third party.
CareScribe Limited enables individuals in the United Kingdom (“Customer”, “Customers”, “you”, “your”, “yourself”) to connect in real time, via streaming video, and chat, with participating doctors (all of whom are registered with the UK General Medical Council: the “GMC”) (the “Practitioners”) via the Platform in order to complete Medical Evidence documentation relating to the customers applications to the Disabled Student Allowance. The Disabled Students Allowance (“DSA) is a UK government scheme over seen by Student Finance England and the Department For Education.
CareScribe Limited may vary charges for any Services at any time, and changes will be notified to you in accordance with these Terms and Conditions.
You expressly understand, accept and agree that when using the Platform the Practitioners are independent medical professionals that are individually responsible for the medical advice they offer and how they interact with you via the Platform. CareScribe Ltd will be in no way deemed liable or accountable for any actions taken by these independent medical professionals.
By using the Platform you understand and accept that the Services are not the same as those provided by the NHS or your NHS GP surgery (if you are registered with an NHS Surgery). CareScribe Limited is a connective Platform that enables Customers to consult with Practitioners on a private and self-pay basis, purely for the purposes advertised.
CareScribe Limited will make all reasonable endeavours to connect you to Practitioners, subject to minimum specification requirements which are determined by CareScribe Limited from time to time.
INTERNET CONNECTION SPEEDS
To use CareScribe Limited you are required to have an active Internet connection with 4mbps of available bandwidth, for the best quality connection we recommend a minimum of 6mbps available bandwidth.
Although you acknowledge that CareScribe Limited does not guarantee a connection can be made or maintained at any time. CareScribe Limited may deny or refuse you access to the Platform; suspend, change or update the Platform; prevent certain Practitioners from using the Platform; and/or otherwise alter the Platform it offers to Customers from time to time, at its sole discretion, without notice, but at all times subject to CareScribe Limited’s legal obligations, which it takes very seriously, such as regarding the secure maintenance of medical records.
Consultation times are subject to change and are only made available to Customers at the sole discretion of CareScribe Limited.
2. INFORMATION YOU PROVIDE
You accept and agree that the completion of relevant documentation by a Practitioner is based on your recall and description of your medical history and the symptoms affecting you and/or by reliance on personal health data that you authorise us to obtain/that you provide to us by way of uploading such information to the Platform. It is entirely your responsibility to honestly present information when questioned in as much detail as possible. The information’s accuracy is paramount.
You warrant without exception that any information you provide is honest, legitimate and an accurate representation of your situation as you see it. With regard to information you provide from other service providers or otherwise upload to the Platform, you warrant and confirm that such additional information is accurate, legally provided and has not been tampered with.
You understand and accept that you may choose to give access only to certain portions of your medical information, but that by doing so this may interfere with the care you receive from Practitioners and/or your care generally.
You understand and agree that you may NOT under any circumstances amend, alter or tamper with the contents of any documents created on the Platform and/or issued to you via the Platform.
You understand and accept that we can view medical records and documents that you choose to share over the Platform during the consultation. You agree and understand that CareScribe Ltd and medical practitioners consulting with you may copy information provided that is deemed to be required for the completion of the services advertised and booked. You accept that by sharing any information across our platform, CareScribe Ltd and the practitioner/s consulting with you can copy the information if it is deemed to be required to complete the service advertised and booked.
You accept and understand that during the booked services your consulting medical practitioner will complete documentation with medical information relating to you and provided by you. You accept and understand that this information collated and transfer back to you during the consultation. Whilst CareScribe Ltd request our independent medical practitioners to delete all medical information collected during a consultation, you understand and accept that these independent medical practitioners are liable for their own actions in relation to confidentiality and data handling.
At any time, you may be notified that information is available for your review that is considered private and possibly time-sensitive, so you should consider ease of access when determining which email address you use for your Account (when booking CareScribe services).
You are obliged to advise us of the following as soon as reasonably possible:
· Changes to your legal name
· Changes in email address
· Change of postal address, including postal code
· Change of mobile telephone number (you are not permitted to use landline numbers in place of a mobile telephone number)
· Change of debit or credit card details, including billing address, for any card registered to your Account
We charge for consultations in 10-MINUTE BLOCKS, which we call Sessions. You understand and accept that you may only ever purchase a complete Session and not individual minutes and that using one (1) second of time in a Session is the same as using all of it, so you will be charged accordingly. You agree and accept that you will not be entitled to any rebate, refund or compensation as a result of your not using the full length of time available in a Session, nor shall you be due any rebate, refund or compensation of any kind if you fail to prevent the start of a new Session (as explained below) by exiting the video-surgery using the EXIT button provided. You accept that the EXIT button provided by CareScribe Limited on the Platform is clearly-placed, appropriately signposted and understood by you to be used to EXIT and prevent charges when you so require.
If you EXIT a consultation you accept this may prevent you from receiving some of the Services and you agree and understand that this is your choice therefore we are in no way liable if you choose to end the consultation prematurely.
CareScribe Limited will advise you by email as soon as possible if it has to amend, change or cancel any Session that you have booked.
If for any reason we are unable to authorise payment for any Service(s) in advance, you acknowledge that neither CareScribe Limited nor the Practitioner shall be obliged to provide such Services. You will be charged for your Session at the time at which you book.
You expressly hereby authorise CareScribe Limited to pre-authorise or charge any debit and/or credit card provided when making a booking. You accept that any failure of pre-authorisation or authorisation processes is likely to result in the Services not being provided. You understand that the Services may not be provided or consultations cancelled if your billing information is inaccurate, invalid, or without funds.
CareScribe Limited does not accept payment by insurers on your behalf, unless expressly agreed in writing by CareScribe Limited.
PLEASE NOTE that failure by your credit or banking provider to enable CareScribe Limited to pre-authorise or clear payments is your sole responsibility and CareScribe Limited will still be owed the fees and charges incurred by you personally, which CareScribe Limited may take formal action to recover.
When you book a Session you will pay for a ten (10) minutes with a Practitioner, you will not be charged if this session exceeds ten (10) minutes.
The cost of each ten (10) minute Session is as set out on the Website and may vary from time to time.
Standard delivery means the items are either sent by email or sent by Royal Mail first class post (or equivalent) to UK mainland addresses only. Costs for other delivery methods will be provided on request.
Please note that it is your sole responsibility to ensure the address (whether email or postal) that you provide is correct as that is the address that CareScribe Limited will use.
CHARGES FOR CANCELLED OR MISSED SESSIONS
Please see clause 18 below.
5. PRACTITIONERS AND CHOICE
You may not choose the Practitioner to which you are connected unless CareScribe Limited provides these options to you on its Platform, which it may do from time to time at its sole discretion. CareScribe Limited does not make any guarantee whatsoever as to the availability of any single Practitioner at any time.
CareScribe Limited does not make any representation or give any warranties regarding the Practitioners’ training, qualifications or skill, although we do, as required by our regulator and UK law, make appropriate checks to ensure certain aspects of the Practitioner validity, such as their registration with the GMC and their right to practice in the UK.
CareScribe Limited may contact you by telephone, post or email to verify your booking information. CareScribe Limited may request further information from you, which you agree to provide, in order to ensure you have not fraudulently made a booking.
If you do not provide any such information in the manner requested within seven (7) working days of the request, CareScribe Limited reserves the right to suspend, discontinue or deny your access to and use of the Platform and Services until such time as the information is provided to CareScribe Limited’s reasonable satisfaction.
7. MODIFICATIONS TO TERMS AND CONDITIONS
Please print and keep a copy of these Terms and Conditions. CareScribe Limited reserves the right to modify the Terms and Conditions periodically, for any reason. We will post a copy of the updated Terms and Conditions on the Platform prior to any change becoming effective; if we make any material changes (including any change to our Costs) we will notify you prior to the change becoming effective. Any such revision or change will be binding and effective immediately on posting the revised Terms and Conditions on the Platform and you should cease use of the Platform if you do not agree to any such change.
The most current version of these Terms and Conditions can be accessed at any time by selecting the “Terms” link in the footer of the Website. Any new version of these Terms and Conditions will, once published, supersede any previous version.
8. ELECTRONIC MEDICAL RECORDS
We advise all Practitioners to delete completed Medical Evidence documentation once transferred to the Customers during the consultation. However, CareScribe Limited is not liable for the actions of any Practitioner who chooses not to do this. The Practitioner may use an online Document Generation System provided by CareScribe Ltd, to complete documentation during the consultation. Once documentation is completed, the documentation can be downloaded by the Practitioner and shared with the customer. The complete documentation should be automatically deleted from CareScribes online Document Generation System when downloaded, however this may not always happen. By using CareScribe’s services you agree that CareScribe Limited is not liable for the security of the documentation formed during the consultation.
9. INFORMATION RESOURCES (OPT-IN)
By registering on the Platform and then providing "opt-in" consent to non-essential marketing, you are agreeing to the receipt of offers, promotions, surveys, newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health-related information, links to other related websites and specific questions related to your CareScribe Limited Account.
The information contained in these communications and resources is compiled from a variety of sources and may or may not be considered authored by CareScribe Limited. CareScribe Limited makes no warranty as to the content of these materials or the information contained therein, neither does it represent or warrant that any particular drug or treatment is safe, appropriate or effective for you.
If you do not wish to receive such communications, you may opt-out at any time by emailing firstname.lastname@example.org.
10. LIMITATIONS ON USE
You agree that you will not, and will not permit anyone else to:
a) use the Platform or Services in any unlawful way and/or for any unlawful purpose;
b) post or transmit a message (written, verbal or via video) under a false name or use the network resources of CareScribe Limited to impersonate another person or misrepresent authorisation to act on behalf of others (including but not limited to Practitioners) or CareScribe Limited. All messages transmitted via CareScribe Limited and the Platform should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;
c) allow another person or entity to use your Account, username or password;
d) market, promote or solicit the Services except as expressly permitted by these Terms and Conditions;
e) distribute chain letters or unsolicited bulk electronic mail ("spamming") via the Platform, to CareScribe Limited or to any third party allegedly on behalf of CareScribe Limited;
f) attempt to undermine the security or integrity of computing systems or networks of CareScribe Limited, its Platform or any sites or platforms accessed through or via the Platform, and you must not attempt to gain unauthorised access;
g) harvest or collect data about any other individual who uses the Platform;
h) post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Platform or the Services;
i) tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of the Platform or the Services. You will not use robots or scripts with the Platform to;
j) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this Platform. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.f
You further agree that any information you provide or use on the Platform, and your use of the Platform or Services will not infringe or facilitate infringement of any copyright, patent, trade mark, trade secret or other proprietary, publicity or privacy rights of any party.
CareScribe Limited maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trade mark or other intellectual property or ownership right of any other person and to suspend your access to the Platform in such circumstances.
CareScribe Limited reserves the right to cancel any booking that does not include a valid email address and mobile telephone number (not a landline).
11. OPERATIONAL FUNCTIONALITY
CareScribe Limited reserves complete discretion with respect to the operation of the Platform and Services and may alter, withdraw, suspend or discontinue any functionality or feature of the Platform and/or Services at any time. CareScribe Limited is not responsible for transmission errors or corruption or compromise of information carried over local or international telecommunications carriers.
If CareScribe Limited needs to suspend access to the Platform at a time when you have booked a consultation it will notify you in advance (unless such suspension is for unforeseen purposes, such as for emergency maintenance) and arrange a new consultation time for you as soon as possible at no additional cost.
You may link to our website 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 on any website that is not owned by you. We reserve the right to withdraw linking permission at any time.
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.
If you wish to make any use of content on our site other than that set out above, please Contact Us.
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. CareScribe Limited has no control over the contents of such sites or resources.
13. INTELLECTUAL PROPERTY
CareScribe Limited (or its licensors) retains all right, title and interest in and to the CareScribe Limited name, the Services and any information, products, documentation, software or other materials used in relation to or made available via the Platform, along with any patent, copyright, trade secret, trade mark, service mark or other intellectual property right in any of the foregoing in any territory.
You will not store, copy, modify, lease, loan, sell, distribute, transfer, display, reverse engineer, reverse assemble or otherwise attempt to discover any programming code or any source code used in or with the Platform (save to the extent required for you to make back-up copies of such software or arrange its inter-operability with other packages).
You acknowledge that violations (as determined at CareScribe Limited’s sole discretion) of these intellectual property protections may lead to formal legal action. Save as set out in these Terms and Conditions you have no right to use any of the intellectual property rights associated with the Platform without the prior written consent of CareScribe Limited.
14. INTERNATIONAL USE
The Platform and the Services are designed for and intended for users in the United Kingdom only, unless exclusively specified by CareScribe Limited. CareScribe Limited makes no representation that the information and/or the services provided via the Platform are applicable to, appropriate for or available outside the United Kingdom. Accessing the Platform Services from territories where any content and/or Services may be illegal is strictly prohibited.
15. LEGAL NOTICES AND DISCLAIMERS
Medical Disclaimers: CareScribe Limited makes no representation or warranty as to the content of any treatment response from any Practitioner; Practitioners are independent contractors and not employees of CareScribe Limited and any views expressed or advice provided by Practitioners are not necessarily endorsed by CareScribe Limited. You and your Practitioner are solely responsible for all information provided and/or advice given via the Platform.
CareScribe Limited does not guarantee that any Medical Evidence documentation, completed via the Platform will be accepted by Student Finance England. Furthermore, CareScribe Limited is not a substitute for your primary care provider.
Content Disclaimers: No information whatsoever or howsoever found on this Platform (other than advice provided by a Practitioner in a consultation) should be relied on as medical advice, professional or otherwise. Nothing contained on this Platform should be construed, directly or indirectly, as the practice of medicine by CareScribe Limited, which only arranges the service of connecting you to a Practitioner. Should there be an issue with any of the medical services you receive from Practitioners via the Platform, you can Contact Us.
CareScribe Limited makes no warranties or representations as to the accuracy of articles and other material published on the Platform and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such material.
General Disclaimers: We do not guarantee that the Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology and computer programmes in order to access the Platform. You should use your own virus protection software.
You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of and comply with these Terms and Conditions.
CareScribe Limited does not endorse the promotions, products or services of any third parties, nor does it warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. CareScribe Limited does not assume any responsibility or liability for the accuracy of information contained on any third-party web sites.
16. SERVICE RELIABILITY AND WARRANTIES
CareScribe Limited makes no warranty that the Platform 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. CareScribe Limited is not responsible for transmission errors or any corruption or compromise of data carried over local or international telecommunication carriers.
CareScribe Limited will take all reasonable precautions to protect against failure of its equipment and software and will perform regular back-ups of all data stored.
17. LIMITATION OF LIABILITY
If CareScribe Limited fails to comply with these Terms and Conditions, it is responsible for loss or damage you suffer that is a foreseeable result of it breaking this contract or failing to use reasonable care and skill, but it is 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 purchase any Services, both we and you knew it might happen, for example, if you contacted us about it during the sales process.
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; for breach of your legal rights in relation to the Services.
We will not be liable to any Customer 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:
· inability to use the Platform; or
· use of, or reliance on, any content displayed on the Platform.
Please note that we only provide the Platform for domestic and private use. You may not use the Platform or the Services for any commercial or business purposes; if you do use the Platform or the Services for any commercial purpose CareScribe Limited has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
CareScribe Limited assumes no responsibility for the content of websites linked on the Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from any Customer’s use of such sites.
SUMMARY OF YOUR KEY LEGAL RIGHTS
This is a summary of your key legal rights. Nothing in these Terms and Conditions will affect your legal rights. For detailed information please visit the Citizens Advice website: call 03454 04 05 06.
The Consumer Rights Act 2015 says:
· You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
· If you haven't agreed a price upfront, what you're asked to pay must be reasonable.
· If you haven't agreed a time upfront, it must be carried out within a reasonable time.
If you can show the fault in software supplied has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
18. LATE ARRIVAL, CANCELLING APPOINTMENTS AND MISSED APPOINTMENTS
If you have booked a Session in advance via the Platform, you may arrive and enter the consultation that you have booked up until eight (8) minutes before the scheduled end time of that Session. For example, if you have a 10-minute Session booked at 15:00 pm, you may arrive at 14:50 pm and start the consultation as late as 15.02pm, but no later.
Missed appointments occur when either you or a Practitioner is not present in the video-surgery by the start time (as published by CareScribe Limited on the Platform) of a Session confirmed by CareScribe Limited. In these instances you understand and agree that the following rules apply:
If you fail to attend your Session in time then you will be charged a cancellation fee of £28 (GBP). You acknowledge that CareScribe Limited is authorised under these Terms and Conditions to deduct such amounts from your Account as soon as sufficient funds are available. This cancellation fee amounts to the fee charged when booking the appointment, and is not additional or supplementary to this.
If you are not able to attend a session for any reason please make us aware at the earliest opportunity and we will endeavour to re-arrange, however no guarantee can be made.
If a Missed Appointment occurs because a Practitioner did not attend your Session(s) in time then we will refund you the charge for the unused Session and enable you to rebook the Session.
19. REFUNDS AND DISRUPTIONS
If your consultation is determined by CareScribe Limited (at its sole discretion) to have been disrupted, which terms shall include but not be limited to CareScribe Limited’s suspension of the Platform at the time of the Session, a Practitioner ending a Session at your request because you know them (Disrupted Consultation), you may re-arrange your session or claim a full refund.
If you think you are due a refund you must Contact Us as soon as possible providing details of the consultation (including consultation reference number) and a full description in writing of the issue or concern you are raising.
We do not provide refunds where CareScribe Limited is not at fault.
20. CIRCUMSTANCES OUTSIDE OUR CONTROL
Neither CareScribe Limited, nor its officers, employees or agents, shall be responsible if the supply of the Services is delayed or prevented by circumstances outside its control. If this happens we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure. If there is a risk of substantial delay you may contact us to cancel your Account and/or cancel any booked Services and receive a refund for any Services you have paid for but not received.
21. NO THIRD PARTY RIGHTS
Nobody else has any rights under these Terms and Conditions. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
You need our consent to transfer any rights under these Terms and Conditions 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.
We may transfer our rights and obligations under these Terms and Conditions 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.
24. APPLICABLE LAW:
These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Platform or the Services 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.
If a court finds part of these Terms and Conditions illegal for any reason, the rest will continue in force. Each of the clauses operates separately; if any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
Even if we delay in enforcing any of these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaching these Terms and Conditions, 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.
CareScribe Limited may contact you by email to the email address provided in your Account, by written communication to the postal address provided in your Account or by a general notice on the Platform.
28. COMMENTS AND SUGGESTIONS
CareScribe Limited welcomes suggestions and submissions by its Customers. Please Contact Us.
Please note that by sending us ideas, artwork, computer code or creative materials you assign all copyright and other intellectual property rights in such materials to CareScribe Limited; you also waive your moral rights in respect of the same. CareScribe Limited shall have the right to use any such creative materials for any lawful purpose, including but not limited to reproduction, disclosure and publishing, without any compensation to you.
You accept and understand than if any clause or section of the above Terms and Condtions document is deemed invalid, the clause or section alone will be invalidated with no effect to the remaining terms and conditions.