Terms & Condition
PLEASE READ THESE TERMS AND CONDITIONS & SERVICE LEVEL AGREEMENT CAREFULLY AS THEY COVER THE TERMS AND CONDITIONS ON WHICH HEALTHYA SUPPLY PRODUCTS AND SERVICES TO YOU, WHETHER THESE ARE GOODS, SERVICES OR DIGITAL CONTENT.
PLEASE NOTE: By accessing and using the healthya Portal and/or the website www.healthya.co.uk you are accepting and agreeing to be bound by these terms and conditions in full along with any other policies or procedures published by healthya from time to time.
Please read these terms carefully before you access the Patient Dashboard and/or utilise any of the Services. These terms tell you who we are, how we will provide products 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 [or require any changes], please contact us to discuss.
healthya should not be used in an emergency situation (as defined in clause 4.)
1. INFORMATION ABOUT US AND HOW TO CONTACT US- 1.1
Who we are: We are ADDVantage LTD a company registered in England and Wales. Our company registration number is 13338150 and our registered office is at Clive House, Clive Street, Bolton, BL1 1ES.
The correspondence address is Clive House, Clive Street, Bolton, BL1 1ET
- 1.2
How to contact us: Any queries you can contact our customer service team at: cs@healthya.co.uk or at the correspondence address above (not for data related matters).
- 1.3
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 in your order.
- 1.4
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- 2.1
By accepting these Terms and Conditions, the Customer acknowledges, understands, and agrees to abide by healthya's Privacy Policy (as updated from time to time).
- 2.2
In particular, by accepting these Terms and Conditions, you consent to healthya accessing your NHS patient records. Please refer to our Privacy Policy for details on how to withdraw this consent.
The following definitions and rules of interpretation apply in these Conditions
3.1 Definitions
- Account: the user account of a Customer on the Portal that holds your personal details and provides access to the Services.
- Consultation: each 15-minute session via the Portal between a Patient and a Practitioner in accordance with clause 7
- CQC: Care Quality Commission
- Customer: the person who has instructed healthya to provide the Services as a Patient or on behalf of another individual as the Patient.
- Fair Usage Policy: as defined in clause 22
- Documents: includes but is not limited to prescriptions (clause 8), sick notes (clause 9) and letters (clause 10) as described in the clause
- Emergency: a critical or life-threatening situation as defined in clause 4
- An independent pharmacy in the UK regulated by the General Pharmaceutical Council.
- A local parcel courier used for the delivery of Documents and medications.
- GMC: General Medical Council
- GP: a registered General Practitioner
- Monthly Subscription Service: as defined in clause 20
- NHS: National Health Service
- NHS Patient Care Record: The Customers NHS medical records
- Patient: the person in receipt of professional medical advice from the Practitioner
- Portal: the interactive online platform (via app/website or howsoever provided from time to time) whereby patients remotely provide and obtain information and access the services through any combination of real time streaming video call, chat, email, instant messaging, or picture messaging and via the Dashboard.
- Practitioner: a participating qualified general physician or other specified qualified medical professional, such as registered nurses or accredited specialists registered with the General Medical Council, Nursing and Midwifery Council or other appropriate professional register as the case maybe, who have committed to provide services in accordance with clinical best practice and applicable professional standards
- Questionnaire: a set of questions provided by healthya to the Customer /Patient (and responded to) via the Portal
- Services: the provision of access to the Portal whereby Patients receive real time Consultation (or Consultations) to gain medical advice and certain supplementary medical services, including sick notes, prescriptions (including purchasing private prescriptions for certain medication that healthya are able to offer to their customers after reviewing their answers to the Questionnaire) and letters as set out in clauses 7 - 10.
- 'You' 'Your' means the Patient or the Customer (if acting on behalf of a Patient)
- 4.1 healthya should NOT be used in an emergency situation, which includes, but is not limited to the following:
- 4.1.1 Symptoms of a heart attack such as chest pain;
- 4.1.2 Difficulty breathing;
- 4.1.3 Symptoms of a Stroke such as drooping of face or weakness of limbs;
- 4.1.4 Slurred speech;
- 4.1.5 Confusion or drowsiness;
- 4.1.6 Altered state of consciousness;
- 4.1.7 Inability to stand up;
- 4.1.8 Rash that does not fade when pressed firmly;
- 4.1.9 Severe abdominal pain;
- 4.1.10 Bleeding that cannot be stopped;
- 4.1.11 Chest Pain;
- 4.1.12 Loss of consciousness;
- 4.1.13 Acute confused states and fits which are not stopping or;
If you or the person you are assisting is in an EMERGENCY situation you should immediately dial 999 or seek alternative emergency medical services.
5. ABOUT ALLDAYDR (CLINICAL SERVICE PROVIDER FOR HEALTHYA)- 5.1.
The Portal and the Services are provided and operated by ADDVantage Technologies. alldayDr is regulated by the Care Quality Commission (CQC). The CQC is the independent regulator of all health and social care in England. healthya is registered under: ADDVantage Ltd.
- 5.2.
All the Practitioners engaged by alldayDr are contracted by alldayDr and are not employees of alldayDr. Each Practitioner is independently verified by alldayDr to ensure each Practitioner is registered with the GMC and has a right to practice in the UK.
- 5.3.
alldayDr does not make any representation or give any warranties regarding the Practitioner's training, qualification, or any medical advice provided. Each Practitioner does hold their own medical indemnity insurance in the event of any malpractice (subject to clause 30). This must include additional indemnity for undertaking online video consultations
- 5.4.
Irrespective of any advice provided via alldayDr, alldayDr recommends that all Customers and Patients, should always seek advice from their own registered GP or another qualified healthcare provider if; they have any medical concerns, are starting or stopping, changing medication or treatment. This is recommended to all Customers even if they have already obtained medical advice or have read any related medical information provided through or by alldayDr.
- 5.5.
alldayDr is not a substitute for any Customer's or Patient's primary healthcare provider. All Customers agree and understand that they should contact their GP as soon as possible or hospital if the Patient's symptoms change or worsen.
- 5.6.
The alldayDr Portal should be regarded as an invitation to treat. Any order placed by a customer is an offer to purchase, which alldayDr may accept or decline in its absolute discretion without having to give a reason. A confirmation email is notification that we have received your offer on the Portal. A contract is deemed to be made at the point of a sale invoice being issued by alldayDr following checking of orders by a qualified Practitioner.
- 5.7.
Any updated version of the Terms and Conditions will be published on the website and will be binding and effective immediately once posted. If the Terms and Conditions are to materially change all Customers will be notified in writing.
- 5.8.
alldayDr should not be used for any commercial or business purposes and is only available for domestic and private use.
OUR SERVICES
6. FULFILMENT SERVICES- 6.1
Fulfilment service in conjunction with our Fulfilment Partner (the Fulfilment Partner's terms can be found at:)
http://www.dpd.co.uk/terms-and-conditions.jsp
Royal Mail | Royal Mail Group Ltd - 6.2
Once an order has been placed, the transaction is processed by healthya, subject to clause 5.8, and allocated to a Fulfilment Partner for either the following:
- 6.2.1
Collection from an agreed specified independent pharmacy; or
- 6.2.2
Delivery by the Fulfilment Partner to the Customer's preferred delivery address
- 6.2.1
- 6.3
healthya are not responsible for failure of a Fulfilment Partners' failure to deliver medicines to the correct address or within any particular time or date. You are responsible for signing for packages containing medicines, but any signature provided by third parties at the delivery address given by yourself will be deemed to be receipt of the medicines and fulfilment of healthya's obligations in dispensing that prescription.
- 7.1
Each Consultation will last a maximum of 15 minutes. If you require a longer Consultation you will need to book more than one Consultation. You will be charged per 15-minute Consultation. You will be charged for the full Consultation whether or not you have used the full 15-minute period.
- 7.2
You will not be entitled to any refund, rebate, or compensation if you:
- 7.2.1
Do not use all the full length of time available for your Consultation.
- 7.2.2
Exit the Consultation before the time period expires
- 7.2.3
You fail to connect to the Consultation
- 7.2.4
Disturb the Consultation by using other features on your phone such as, but not limited to; answering a call, reading messages, or accessing the internet;
- 7.2.5
Lose signal or connectivity part way through the Consultation;
- 7.2.6
Miss the allotted Consultation.
- 7.2.1
- 7.3
All Consultations must be booked in advance using the Portal.
- 7.4
Subject to availability of the Practitioner, you will be able to extend your Consultation period during the Consultation itself should you decide you want to and will be charged for such additional Consultation(s) in accordance with this clause
- 7.5 BOOKING A CONSULTATION
- 7.5.1
All Consultations are subject to availability
- 7.5.2
You can book numerous sessions in advance
- 7.5.3
Once you have booked a Consultation you will be sent written confirmation of the Consultation via email
- 7.5.4
healthya will contact you via email, as soon as reasonably possible, if it is required to rearrange, amend, or cancel your Consultation.
- 7.5.5
Where the Customer seeks a Consultation as soon as possible, healthya will endeavour to provide the most accurate waiting times. The waiting times published will be based upon our live activity at that time. healthya cannot guarantee Customers a Consultation within a certain time frame. No refunds are available based on waiting times that are inaccurate.
- 7.5.1
- 7.6 BEGINNING A CONSULTATION
- 7.6.1
You must access the Portal no less than 10 minutes before the Consultation is due to start
- 7.6.2
You will be counted into each Consultation and will be notified every time you go into the next Consultation (if you have booked more than one Consultation consecutively). If you do not wish to proceed with the next Consultation, please notify the Practitioner and click the exit button (however, a cancellation charge may apply in accordance with clauses 7.8 and 18).
- 7.6.3
If you do not authorise the start of the Consultation, click exit before the countdown reaches zero or click exit before the next Consultation begins (in the event of a consecutive consultation), you will be deemed to have accepted the Consultation and the appropriate charges will be applied to the Customer's account
- 7.6.1
- 7.7 EXITING THE CONSULTATION
- 7.7.1
It is the Patient's responsibility to be aware of the timer on their screen during the Consultation. healthya will not be responsible for notifying the Patient how much time is remaining of the Consultation.
- 7.7.2
If the Patient exits the Consultation prematurely, you accept and understand that you this may affect the Practitioner being able to provide you with the necessary advice. healthya will not be liable if you chose to finish the Consultation at any point
- 7.7.3Once your consultation has completed, please click the exit button
- 7.7.1
- 7.8 CANCELLATION, MISSED AND LATE ARRIVAL CONSULTATIONS
- 7.8.1CANCELLATIONS
- 7.8.1.1
Where a customer has booked a Consultation in advance, you will be able to access the Consultation at any time up to 5 minutes before the scheduled end time. However, in doing so, you will not be eligible to make use of the full 15-minute Consultation and will only entitled to the remainder of the 15-minute Consultation period.
- 7.8.1.2
To cancel a pre booked Consultation, the Customer should select the “My Appointments” tab on the Dashboard / My sessions on the patient app.
- 7.8.1.3
On cancelling a Consultation, a customer will receive notification of cancellation. If any Customer does not receive this notification of cancellation, they should contact healthya immediately or try again.
- 7.8.1.4
healthya will not be responsible or accept liability for any expenses, costs or losses that arise from the Customer's failure to cancel their Consultation.
- 7.8.1.5
The Customer accepts that failure to cancel the Consultation will result in cancellation charges being applied to your Account (please see clause 18 for cancellation fees).
- 7.8.1.6
Cancellation fees will apply under the following circumstances:
- 7.8.1.6.1
A Customer fails to attend their Consultation (fees outlined in clause 18)
- 7.8.1.6.2
If the Customer fails to cancel their Consultation within 24 hours before the scheduled start time.
- 7.8.1.6.1
- 7.8.1.1
- 7.8.2MISSED APPOINTMENTS
- 7.8.2.1
A Consultation will be deemed to be missed if the Customer (or a Patient where applicable) is not present at the Consultation at the scheduled start or up to one minute before the end of the Consultation as described in clause 7.8.1.1 above
- 7.8.2.2
All Customers accept that any missed appointment will result in missed appointment charges being applied to your Account (please see clause 18 for missed appointment fees)
- 7.8.2.3
Missed Appointment fees will apply under the following circumstances:
- 7.8.2.3.1
A Customer fails to attend their Consultation (fees outlined in clause 18)
- 7.8.2.3.1
- 7.8.2.4
If the Customer fails to cancel their Consultation within 24 hours before the scheduled start time.
If either the Customer or Practitioner fails to attend the Consultation, the missed appointment will be deemed to be caused by the Customer and will apply the relevant charges to the Customer's Account.
- 7.8.2.1
- 8.1
You accept that it is at the sole discretion of the Practitioner to issue any prescriptions if they feel it appropriate to do so. There is no guarantee that the Practitioner will issue a prescription for any medications
- 8.2
Any prescription that is issued (either NHS or private) will contain no more than a maximum of 7 individually charged items. If the Practitioner agrees that you require more than the 7 items and they are willing to issue more than one prescription you will be required to order each additional item up to the number that you require.
- 8.3
Any prescription issued to a Patient by a Practitioner as a result of their Consultation (whether via the Questionnaire or a video Consultation) will be deemed to be a private prescription only (not NHS prescription).
- 8.4
You understand the private prescriptions are fulfilled at a charge which is prescribed by the participating pharmacies (who is also a Fulfilment Partner) and is out of healthya’s control.
- 8.5
healthya will process NHS prescriptions for any Patient on the condition that the prescription has been authorised and issued by the Patient’s registered GP Practice or Service.
- 8.6
Any prescriptions issued by Practitioners are only valid for use at legal UK pharmacies.
- 8.7
Any prescriptions issued by Practitioners to any Patient are for the sole use of that patient
- 8.8
In accordance with clause 8.1, Practitioner’s must prescribe medications in line with the healthya Medicines Management Policy. This may include (but is not limited to) restrictions to the following:
- 8.8.1
Any medication classed as a controlled or restricted drug/substance under The Misuse of Drugs Regulations 2001;
- 8.8.2
Unlicensed medications
- 8.8.3
Sedatives or sleeping tablets;
- 8.8.4
Strong analgesics; and
- 8.8.5
Medications that need to be initiated by a hospital consultant or specialist
- 8.8.1
- 8.9
The Patient (or the Customer on behalf of the Patient) is agreeing that they will carefully read/follow all information provided to you by healthya and/or the Practitioner as provided to them as part of their prescription, prior to taking any medications.
- 8.10
The Patient (or Customer on behalf of the Patient) shall contact the Practitioner, the Pharmacist, or another doctor if they have any questions or do not understand any instruction or why the medication has been prescribed to them.
- 8.11
healthya charges for any prescription it issues, this is payable prior to the prescription being issued and is non-refundable
- 8.12
Any prescription for medication is subject to availability and whilst stocks last.
- 8.13
HOW TO ORDER A PRIVATE PRESCRIPTION
- 8.13.1
A Customer may only order a private prescription either by completing a Questionnaire or after a video Consultation with a Practitioner.
- 8.13.2
If the Customer completes a Questionnaire, the Customer has the option to select medication from the available list and place into a shopping cart. The shopping cart will show a full price breakdown of each individual item and the total amount payable by the Customer.
- 8.13.3
If the Customer undergoes a video Consultation, the Customer will receive a summary of the medication selected by the Practitioner which will automatically be placed into a shopping cart. The shopping cart will show a full price breakdown of each individual item and the total amount payable by the Customer.
- 8.13.4
The Customer has the option to remove any individual items from the shopping cart and will not be charged until they click/tap the ACCEPT button which will take this as authorisation and apply a charge to the Customer’s account.
- 8.13.5
You may choose to receive the prescription using the delivery methods listed in clause 6 and this will be subject to additional charges depending on your preferred delivery method.
- 8.13.1
- 9.1
The Patient understands that it is at the sole discretion of the Practitioner to issue any sick notes if they feel it appropriate to do so. There is no guarantee that the Practitioner will issue a sick note. Any sick notes issued by the Practitioner will be limited to six A4 single sided pages in length (“Standard Format”).
- 9.2
It is at the discretion of healthya and/or the Practitioner as to how the sick note is to be formatted although it will typically be in the Standard Format.
- 9.3
If the Practitioner is willing to prepare a longer sick note, this will incur additional charges to be agreed between you and the Practitioner.
- 9.4
HOW TO ORDER A SICK NOTE
- 9.4.1
A Customer may only order a sick note after a video Consultation with a Practitioner.
- 9.4.1
- 9.5
During a video Consultation, the Customer will agree the particulars of the sick note and receive a summary upon conclusion of the Consultation.
- 9.6
The sick note will then be itemised into a shopping cart and the Customer will see the total amount payable.
- 9.7
The Customer will not be charged until they click/tap the ACCEPT button which will take this as authorisation and apply a charge to the Customer’s account.
- 9.7.1
Upon payment being accepted by healthya, the Customer will receive the sick note in accordance with their preferred delivery method under clause 16.
- 9.7.2
The sick note will only be available to download as a PDF document from their Portal and will not be sent to their email address.
- 9.7.1
- 10.1
The Customer accepts that it is at the sole discretion of the Practitioner to issue any letter. There is no guarantee that the Practitioner will issue a letter
- 10.2
All letters will be no longer than six A4 single sided pages, the format of the letter will be at the sole discretion of the Practitioner.
- 10.3
If the Practitioner is willing to prepare a longer letter, this will incur additional charges to be agreed between you and the Practitioner.
- 11.1
If the Practitioner agrees to make a referral or recommendation to a private practitioner (who is not employed by the NHS) on your behalf because they feel that it is appropriate, it is at the discretion of that individual private Practitioner to provide you with the service that the Practitioner has suggested.
- 11.2
If the Practitioner agrees to make a recommendation to an NHS GP on your behalf because they feel that it is appropriate, it is at the discretion of the GP or NHS to provide you with the service that the Practitioner has suggested. healthya cannot in any capacity make referrals to an NHS GP.
- 11.3
healthya accepts no responsibility if your referral or recommendation is refused or declined for any reason
- 12.1
A Customer may only order a letter by the same process as a sick note under clauses 9.4 – 9.7.
- 12.2
You may choose to receive a letter using the delivery methods listed in clause 16 and this will be subject to additional charges depending on your preferred delivery method.
- 13.1
Customers accept that each document created by a Practitioner is unique to that Customer and/or Patient and is based upon the information and presentation provided to the Practitioner at that time.
- 13.2
The contents of the Documents may vary. The precise nature, content and format of any Documents are down to the sole discretion of the Practitioner who is the author of that Document.
- 13.3
All Customer’s agreeing to hold harmless healthya, its employees, officers, directors, agents, and any affiliates from any claim that may arise as a result of the content of any Documents.
- 13.4
No warranty is given as to the content of any Document nor that any Document provided will contain the content that the Customer desires, hopes, expects, were informed of, interpreted as including or understood or believed they would receive.
If any Customer is connected with a Practitioner who also works at their NHS practice this is merely a coincidence and is not the intention of healthya.
healthya will use its reasonable endeavours via the use of filters and blockers to prevent this from happening.
The Customer agrees to immediately inform the Practitioner if they know or recognise the Practitioner and ask them to end the Consultation prematurely.
It is at the discretion of healthya to give full credit to any Customer whose Consultation was ended prematurely due to circumstances in clause 25.
healthya will not provide any guarantees as to the availability of any Practitioner
healthya is required by the law of England and Wales and the GMC to undertake appropriate compliance checks to ensure the validity of their Practitioners. healthya does not make any representation or give any warranties regarding the training, qualifications or skills or any Practitioner.
- 15.1
As part of each Customer Account, healthya will facilitate access through the Portal to a visual, interactive information display documenting any personal information, medical history, current health conditions, current medications together with any symptoms, complaint, or allergies they have (the “Patient Dashboard”).
- 15.2
The Patient Dashboard will also be accessible to the Customer’s Practitioner, in order record any results or medical advice provided to them.
- 15.3
Any information that the Customer has provided to any Practitioner when receiving any Services will also be recorded under on the Patient Dashboard.
- 15.4
As a result of information contained on the Customer’s Patient Dashboard, the Practitioner may feel it is necessary to access the Customer/Patient’s NHS Patient Dashboard. Consent will be obtained from the Customer in advance if the Practitioner feels this is necessary.
- 15.5
It is the Customer’s responsibility to notify the Practitioner if they want something specific detailing on their Patient Dashboard.
- 15.6
It is the Customer’s responsibility to update the Patient Dashboard accurately
- 15.7
healthya is not solely responsible for maintaining a complete record of all the Services used by the Customer.
- 15.8
All Customers should be aware that Practitioners are only able to use information provided on the Patient Dashboard in accordance with their legal obligations including but not limited to obtaining consent and authorisation that may be required to share any Customer information with third parties. By accessing the Patient Dashboard and/or utilising any Services provided by healthya, the Customer is accepting for their information to be shared with the Practitioner conducting their Consultation.
- 15.9
All Customers have full access to their Patient Dashboard and can download their Patient record should they wish to.
- 16.1
All documents including private prescriptions, sick notes, referral letter and recommendations will be automatically available within the Patient Dashboard to download, and print should they wish.
- 16.2
If a customer requires any documentation posting to them, this may be chargeable. Any requests should be made by contacting the Customer Service Team.
- 16.3
Please note that it is the Customers responsibility to ensure that all their details are up to date and always correct.
- 16.4
It is the Customer’s responsibility to inform healthya if they do not receive the documents they have requested to be delivered by email or post. If the Customer has requested delivery by email this will be deemed to be delivered to you within 24 hours of it being marked as sent.
- 16.5
If the Customer has requested delivery by post, this should arrive within five working days of being notified that it has been sent. If it has not arrived, they should let healthya know immediately.
- 16.6
healthya cannot guarantee the service of the Royal Mail or any other service provider.
- 16.7
All prescriptions will be required to be forwarded or delivered to a pharmacy in order to be fulfilled. Each pharmacy will have their own portal whereby they are able to access the Customer’s prescription. Any Customer that chooses to collect their prescribed medication from the pharmacy shall only be entitled to do so, once they have answered the requisite security/identification question set by the pharmacy.
- 16.8
healthya is not responsible for any emails sent by us which are rejected by your personal email accounts due to any spam or junk prevention services you have.
- 16.9
All patients have a right to a confidential medical service. Practitioners who work for healthya can be in situations where confidentiality rights must be considered against their duties to protect and promote the health and welfare of patients who may be unable to protect themselves.
- 16.9.1
It will be at the discretion of the Practitioner, who must make a decision on how best to support and protect the patient concerned and focus on allowing them to make a decision in their best interest. The Practitioner will provide support and encourage them to disclose the relevant information to their usual GP. If a Practitioner feels that they need to disclose information about an adult who is at risk, who lacks capacity and is at risk of serious harm, this information must be disclosed by law, if the Practitioner feels necessary to do so.
- 16.9.2
If an adult who has capacity does not consent for the information to be disclosed and the Practitioner feels that the information should be passed on to their usual GP, then they will try to explore the patient’s reason for them to refuse the disclosure of information. It is the Practitioner’s responsibility to then encourage the patient and to warn them of the risks of refusing to provide consent.
- 16.9.3
Usually, it is healthya’s responsibility to abide by the patient’s refusal to consent to disclosure, even though their decision will leave them at risk of death or serious harm. The Practitioner should/shall do their utmost best to give the patient the information and support to make a decision in their best interest. The practitioner will record the patient refusal to consent to share information with their NHS registered GP in the patient record, stating the reason for not providing consent.
- 16.9.4
- 16.9.1
- 17.1
If any Customer loses any Document, the Practitioner may issue a replacement at their sole discretion. There is no guarantee that the Practitioner will agree to re-issue any of the Documents.
- 17.2
n the event that the Practitioner agrees to re-issue any of the Documents the Customer will be charged an additional fee in line with the clause 18.
- 17.3
To request another, copy of any of the Documents please contact us at cs@healthya.co.uk
SERVICE | PRICE |
---|---|
Each 15-minute video consultation with a Practitioner | £50 (if you increase the consultation time to 30 or 45 minutes then the cost will increase. |
Monthly Subscription | £7.50 per month. 1 free consultation a month as per our Fair Usage Policy |
Prescription issued by a Practitioner (No prescription will have more than 7 items) | £7.50 including delivery but NOT pharmacist dispensing costs (this includes repeat prescriptions) |
Letters/Sick Notes/Fit Notes/Referrals | £7.50 including delivery (limited to six pages of content) If you require an additional copy this will be charged at £4.50 |
Access to your alldayDr electronic medical record information | FREE (subject to terms and conditions) |
Missed Appointment and Cancellation Fee (per Consultation) | £50 per booked Consultation |
DELIVERY COSTS – SEE CLAUSE 16 ABOVE |
- 18.1
All Consultations are to be paid for in advance
- 18.2
If you are unable to provide or authorise payment for any of the Services, healthya and/or the Practitioner reserve the right to provide the Services.
- 18.3
The Customer accepts that all the charges and fees incurred on their Account are their sole responsibility. All charges must be settled immediately after any Services have been provided.
- 18.4
It is at the discretion of healthya to suspend a customer’s access to the Services if they have unpaid outstanding charges on their account.
- 18.5
By entering any payment details/billing information on your Account you are expressly giving healthya permission to proceed in authorising charges to your Account where applicable. This will only include charges referenced in this document (as updated from time to time) or otherwise agreed in writing with you.
- 18.6
It is the Customer’s responsibility to ensure that the payment details/billing information in their Account are up to date, accurate and has funds available. In the event that any payment details/billing information is incorrect this may result in your requested Services being cancelled.
- 19.1
The Customer understands that any unpaid balance on their Account becomes due seven days of receiving notification of the outstanding balance.
- 19.2
After the seven-day period healthya reserve the right to apply daily interest to the balance at the rate of 3% per annum above the Bank of England’s base rate from time to time.
- 19.3
healthya may apply reasonable costs for collecting any outstanding fees; this includes but it is not limited to court costs, reasonable legal costs, and enforcement costs.
- 19.4
The Customer MUST notify healthya as soon as practicably possible if they think that their charges have been applied incorrectly. No additional interest will be charged on disputed amounts until the matter has been resolved.
- 19.5
healthya will not accept payments from insurers, unless expressly agreed in writing.
- 19.6
It is the Customer responsibility to rectify any failings by your credit or banking provider if any payments to healthya do not go through. healthya will still be owed any fees or charges incurred. healthya may take formal action to recover any outstanding balances.
healthya will also offer a Monthly Subscription Service, which is subject to healthya’s Fair Usage Policy (see clause 22).
- 20.1
MONTHLY SUBSCRIPTION CANCELLATIONS
Any Monthly Subscription Service can be cancelled at any point.
- 21.1
healthya also provides corporate memberships for businesses. Please read the corporate Terms and Conditions conjunction with these Terms and Conditions.
- 22.1
healthya’s has implemented this Fair Usage Policy to ensure that all Customers/and or Patients that wish to access any Services efficiently as well as preventing abuse of the Monthly Subscription Service or Corporate Membership and fraud.
- 22.2
healthya restricts the Monthly Subscription Service to 12 Consultations per annum (inclusive of missed Consultations). For Corporate Memberships refer to your individual Terms and Conditions.
- 22.3
healthya reserves the right to charge Monthly Subscription Service Customers the usual prices as outlined in clause 18.
- 22.4
healthya reserves the right to cancel any Customers Monthly Subscription Service if they feel it is being used for but not limited to; unlawful, prohibited, and unusual activities.
- 22.5
Any Monthly Subscription Service Customers may have their membership suspended or cancelled if healthya believe that they are in breach of any of these Terms and Conditions.
- 22.6
healthya may provide the Customer with a notice before taking any action.
- 23.1
TECHNICAL REQUIREMENTS
- 23.1.1
To use the healthya Portal requires you to use a device with the following minimum specifications to run effectively, these may vary from time to time:
Windows Google Chrome Mac IOS Android - 23.1.2
To use healthya you are required to have an active internet connection. Your internet connection should be at least 4.0Mb bandwidth.
- 23.1.3
healthya will use all reasonable endeavours to connect you to its Practitioners. It is your responsibility to ensure that you have at least one of the minimum specifications and a sufficient internet connection available, as outlined in clause 23.1.1 above.
- 23.1.4
The healthya Portal may be updated from time to time; we recommend that you always use the latest version to ensure maximum effectiveness.
- 23.1.5
To ensure maximum protection we advise using a secured Wi-Fi connection and avoid using public Wi-Fi connections.
- 23.1.6
healthya reserves the right to alter, withdraw, suspend, or discontinue any part of the healthya Portal, website, or Services at any time.
- 23.1.7
healthya will not be responsible for any transmission errors, corruption or compromise of information carried over local or interchange telecommunications carriers
- 23.1.8
All Customers agree that all persons who they give consent to use their Account through their internet connection understand and comply with these Terms and Conditions.
- 23.2
ADDITIONAL INFORMATION SERVICE
- 23.2.1
By accessing our Services and creating an Account all Customers are agreeing to receive additional information via newsletters, email, on the Portal, website, or notification to your Account in accordance with our Privacy Policy, regarding but not limited to; health information, links to third party websites, common medical health information and specific information request/queries regarding the Account.
- 23.2.2
Due to the limitations of the service, we do not support servicing of some physically disadvantaged patients; these include the deaf, user of British Sign Language (BSL), persons with a hearing impairment, persons with visual impairments and blind people. This list is not exhaustive
- 23.2.3
The service has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the healthya app and platform meet your requirements.
- 23.2.4
It is particularly important for us to be able to provide a safe, effective, and responsive service and not to place patients at risk by way of ineffective and dysfunctional consultations by way of such disabilities etc. We feel its best that such patients are consulted face-to-face in person, preferably by their own NHS GP.
- 23.2.5
Our services are designed to be accessed remotely by any of our customers and are not designed for non-English speakers
- 23.2.6
Any information provided to Customers, clause 23.2.1 should not be considered as comprehensive medical advice/information and will not include all information in regard to its subject matter. They intended to be used for general information only and should not be relied upon as medical advice, medical diagnosis, and treatment directly or indirectly from healthya. It should NOT be substituted for obtaining medical advice from a healthcare professional.
- 23.2.7
All information contained in the communications discussed in clause 23.2.1 will be compiled from various sources and will not necessarily be authored by healthya. healthya does not warrant or represent the content of these materials nor any particular treatment, or any drug being effective or safe.
You may opt out at any time by contacting us at cs@healthya.co.uk
- 23.2.1
- 23.3
INFORMATION ON THIS APP OR ASSOCIATED SITES
The content on our app or associated sites is provided for general informational purposes only, it is not intended to amount to medical advice on which you should rely. No material or content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our app or associated sites.
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 data or information linking into this app or associated sites
Where our app or associated sites contains links to other sites and data or 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 data, contents and the accuracy of those sites or resources. We make no representations, warranties, or guarantees whether express or implied, that the content, data, or information relayed from any hardware to our app or associated sites is monitored or reviewed by healthcare professionals. You must always obtain professional or specialist advice on any data or information presented whenever deemed appropriate or necessary.
The Customer that creates an Account warrant that they are aged 18 or over and possess the legal right and capacity in their own right to accept these terms and conditions.
The Customer/Patient to provide consent when registering with healthya, to share their medical records with their NHS registered GP and to share their GEO Location. These selection options are mandatory, and you will not be able to continue without selecting these options.
The Customer/Patient understands and accepts that any medical advice provided by a Practitioner is based upon the description of the symptoms that have been provided to the healthya Portal. The Customer/Patient accepts that the Practitioners will be reliant on all the information that has been provided. It is the Customer/Patient’s responsibility to ensure that they have honestly presented all information to the Practitioner to enable them to provide accurate advice.
The Customer/Patient is providing us with a warranty that all information provided to us and to the Practitioner is honest, legitimate, and accurate.
When registering to use healthya, the Patient is giving consent for healthya to access your NHS patient record (if and when this is available) to assist in our Practitioners in providing the best care they can.
If the Customer/Patient chooses to provide us with only limited access to their medical information this may interfere/affect the diagnosis and/or any care/medical advice provided to you by our Practitioners.
The Customer must supply and maintain up to date and accurate Account information and promptly inform us of any change to their personal details including but not limited to; name, address, phone number, payment details, email address etc. If Customer’s details are not kept up to date healthya reserve the right to suspend that Customer’s Account.
The Customer/Patient must ensure that they:
- Follow any instructions given to you by Practitioners or contained within the instructions of any medication/healthcare products, recommended, or prescribed to you;
- Report any side effects of any treatments that have been recommended or prescribed to you by our Practitioners;
- Keep all medication given to or prescribed to you securely and do not allow anyone else to use/or take your medication
- The Customer must ensure that their Account details are kept personal to them and prohibit any other individual from using their Account, as they will be liable for any activity from their Account.
- The Customer must notify healthya immediately if they become aware of any unauthorised activity on their Account or have any security concerns. If any Customer fails to notify healthya, all activity will be deemed to be an instruction from that Customer.
- The Customer agrees to have appropriate anti-virus and/or anti-spyware running at all times and to ensure that it overrides any cookie settings.
If the Customer requests via their payment card provider to use any chargeback services in an attempt to issue themselves a refund, if healthya successfully disputes this refund with the Customer’s provider, the Customer will pay any reasonable costs incurred in relation for the administration and legal work arising from disputing the Customers claim. The Customer is agreeing to pay all such fees in cleared funds no more than 30 days from the dispute being settled in healthya’s favour.
- 25.1
WHEN REFUNDS WILL BE PROVIDED
It is at the discretion of healthya to provide you with a refund if in their reasonable opinion if they consider that your Consultation was (without limitation):
- Disrupted due to healthya’s suspension of the Portal or website at the time of your session;
- Terminated due to any disruptions caused by circumstances out of either the Customer’s, Patient’s, or Practitioner’s control;
- The Customer is in anyway associated with the Practitioner.
- The Practitioner fails to attend your Consultation.
- healthya suspends access to the Portal at any time, resulting in the Customer not obtaining the Service required.
- 25.2
WHEN REFUNDS WILL NOT BE PROVIDED
healthya will not provide refunds where we are not at fault such as (but not limited to, used for indication only):
- If the Customer and/or Patient does not use all the available minutes in the Consultation.
- If the Practitioner did not issue you with a sick note, prescription, letter, or monitoring.
- If the Customer/and or Patient fails to attend the Consultation.
- If the Customer/Patient’s Consultation is disrupted due to their actions
If you have a complaint about or dispute about the Services provided by healthya or any of its Practitioners, healthya will attempt to resolve the problem as soon as possible. Customers should notify healthya as soon as possible by following the procedure in this link https://www.healthya.co.uk/home so healthya can deal with the complaint quickly.
Customers can also telephone the customer service desk on: 0208 0166 020
- 26.1
MEDICAL COMPLAINTS
If a customer/and or Patient wish to make a complaint specifically in relation to the medical advice they have received, they should email cs@healthya.co.uktitling the email ‘Complaints.’ Please note that any details provided in complaint emails will be shared with healthya’s customer services team, so all Customers and or Patients should only provide information they feel comfortable with. healthya’s Practitioners are registered healthcare professionals and are trained to ensure that they manage all Customer complaints in an appropriate way, in line with their professional standards and healthya’s complaints procedures.
- 26.2
NON-MEDICAL COMPLAINTS
If a customer/and or Patient wishes to make a non-medical related complaint, they should direct their email to cs@healthya.co.uk marked ‘Complaint.’
Postal Address: ADDVantage Ltd, Clive House, Clive Street, Bolton BL1 1ET
You will receive a written acknowledgment within 3 working days to confirm receipt of a formal complaint.
Standard time frame will be 20 working days from the date the acknowledgment letter is sent. If the investigation is going to take more time than expected, you will be informed detailing the reason it is not possible and what the new time frame will be.
All Intellectual Property Rights in or arising out of or in connection with the Portal or Services (other than Intellectual Property Rights in any materials provided by the Customer) are owned by healthya.
healthya or licensors (with the exception of the Customer’s Patient Dashboard), will retain all right, title, and interest in the name ‘healthya’ and the Services, information, products, Documents, software, or any other materials in relation to the Portal, website, or any Services together with any patent, copyright, trade secret, trademark, service mark or any other intellectual property rights in any territory.
The Customer shall not sub-license, assign or otherwise transfer the rights granted in clause 29
The Customer grants healthya a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials or information provided by the Customer to healthya for the period in which they are hold an Account for the purpose of providing the Services to the Customer.
The Customer acknowledges that any violation (as determined at the sole discretion of healthya) of these intellectual property rights could result in formal legal action. No Customers are entitled to use any intellectual property rights associated with healthya’s Portal or Services without prior written consent.
healthya will remove any information provided to them by the Customer that at our sole discretion deem to be violation of copyright, trademark, patent, trade secret, rights of privacy, publicity or any other proprietary rights or intellectual property rights of healthya or any other party. healthya may suspend the Customer’s Account if they deem it necessary as a result of any violation.
All Customer’s understand and agree that all information provided to healthya by them will not infringe any intellectual property rights.
- 27.1
TEMPORARY LICENCE
- healthya grants to the Customer (subject to the customers compliance with these Terms and Conditions), a fully paid-up, worldwide, non-exclusive, non-transferable, temporary, royalty-free licence for the duration that the Customer is logged in to their Account to use the healthya Portal, website, and any Services.
- The licence is to be used for domestic and personal use ONLY.
- The Customer is also granted a licence to stream a copy or download healthya’s Portal (and Documents in relation to the Services) onto a mobile and/or tablet to view, use or display for personal uses only. All terms are set out in the end user license agreement which must be accepted to be able to use the healthya Portal.
- Customers must NOT copy or use any information to create any derivative works.
healthya may at any time monitor or gain access to any Customer information in order to determine whether they are complying with these Terms and Conditions.
If at any time healthya at its sole discretion determines or suspects misuse or attempted misuse (this includes any child accessing the app and providing personal data, without parental consent) of the Portal or any Services and/or non-compliance of these Terms and Conditions, it may deny access or refuse Services to any Customer.
All Customers agree to cooperate with healthya if they are contacted by anyone from the Customer Services team in order to verify any personal information for security reasons.
If any Customer does not comply with clause 27 within seven working days of the request, healthya reserve the right to suspend, deny the Customer access or discontinue use of the Portal, website or any Services until the information has been provided to healthya’s satisfaction
29. RIGHTS AND RESTRICTIONS- 29.1
CUSTOMER RESTRICTIONS
healthya’s Portal and Services are designed for use in the UK mainland ONLY.
Customers are strictly prohibited to use healthya’s Portal, website, and Services in territories where it is considered illegal.
Each Customer that creates an Account agrees to, and will not permit anyone else to:
- At any time; store, copy, modify, loan, sell, lease, transfer, distribute, display, reverse assemble, reserve engineer, or otherwise attempt to discover any programming or source codes used in healthya’s Portal, website, or Services (except where required to make backup copies).
- Make any form of recording of any Consultation otherwise they will be in breach of these Terms and Conditions and will be in violation of data protection law.
- Misuse the healthya website by introducing any; logic bombs, viruses, Trojans, worms, or any other malicious material or anything that could be technologically harmful.
- Any attempt to gain unauthorised access to healthya’s Portal, server, website, computer, or database connected to the running of any Services of healthya.
- Attempt to attack the healthya website or Portal via a denial-of-service attack or a distributed denial-of-service attached.
- If any Customer breaches any provision under clause 28 they may also be committing a criminal offence, in which case, healthya reserves the right to immediately report such Customers to the relevant authorities.
- Use any of the Portal or the Services for any unlawful purpose;
- Permit any other person, organisation, or entity to use their Account, password, or username.
- Use a false name, impersonate another person, or represent that you have consent to act on behalf of another when using healthya’s Portal or Services. Any messages or information provided to healthya’ must correctly identify the sender.
- Amend or disguise the origin of any messages to healthya
- Collect data about any individual that uses the Portal or any Services.
- Promote, market, or solicit any of healthya’s Services except as permitted by these Terms.
- Undermine or interfere (or attempt to) with the security or integrity of the computer systems and networks of healthya
- Distribute chain letters or spam emails via the Portal or to any third party on behalf of healthya.
- Hack, spoof, copy, tamper, modify or corrupt the administration, security or function of the Portal or Services
- Not to use robots or scripts.
- 29.2
HEALTHYA’S RIGHTS RESERVED
healthya reserve the right to suspend the use of the Portal, website or any Services at any time and will notify all Customers in writing (unless such unforeseen circumstances result in emergency maintenance).
healthya reserves the right to maintain, delete or destroy any communication or and information provided through the Portal, website, or any Consultation, in line with current applicable law and our Privacy Policy
healthya reserves the right to refuse, terminate or suspend a customer and/or Patient from accessing their Services at any time, without notice or liability.
healthya reserves the right to vary charges for its Services or these Terms and Conditions at any time. All Customers will be notified of any forthcoming changes in writing or via the Portal.
These Terms and Conditions do not affect your statutory rights as a consumer under The Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If the Customer can show that healthya’s digital content is faulty and has damaged their device, and healthya has not used reasonable care and skill, the Customer may be entitled to repair or compensation.
31. LIMITATION OF LIABILITYNothing in these Terms and Conditions shall limit or exclude the Customer's liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors.
- fraud or fraudulent misrepresentation; or
- Breach of the Customer’s legal rights in relation to the Services or any other liability which cannot be limited or excluded by applicable law.
Subject to clause 30, healthya shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the; inability to use the Portal, website, or Services; use of or any reliance on any information provided by healthya and medical advice provided by any Practitioners.
If any Customer uses the healthya Portal or Services for commercial use or business purposes healthya will have no liability for any loss of profit, loss of business, business interruption or loss of business opportunity.
This shall survive termination.
32. TERMINATION- 32.1
CUSTOMERS RIGHT TO TERMINATE
All Customers can cease using the healthya Portal, website, Account and/or any Services at any time.
- If you wish to close your Account, healthya will provide Customers with a refund of any remaining credit in their Account (on the provision they are not in breach of these Terms and Conditions).
- In order to terminate an Account Customers will need to email the customer service team at: cs@healthya.co.uk
- Any fees outstanding to healthya at the time of termination will become immediately payable and healthya reserve the right to deduct such fees from any credit balance on the Customer’s Account.
- 32.2
HEALTHYA’S RIGHT TO TERMINATE
healthya may suspend, terminate any Customer’s right to use the Portal, website, or any of the Services, if:
- Customers do not comply;
- If healthya determines that the Customer is in serious breach or has repeatedly breached any of these Terms and Conditions;
- Customer does not make payment when it falls due or after 14 days of receiving a reminder.
- healthya will notify Customers of termination via email or the Portal.
- Upon termination of a Customer’s Account for whatever reason, healthya reserve the right to delete any data, information or file relating to that Customer that it has stored or is in control of, in accordance with current laws and regulations and in line with our Privacy Policy.
- 32.3
Upon termination (for any reason) the following clauses of these Terms and Conditions shall remain enforced:
- Clause 19 – Unpaid Bills and Charges
- Clause 25 – Refunds
- Clause 27 – IP and Licencing
- Clause 28 – Compliance and Security
- Clause 29 – Rights and Restrictions
- Clause 30 – Summary of the Customer’s Key Legal Rights
- Clause 31 – Limitation of Liability
- Clause 35– No Third-Party Rights
- Clause 36 – Assignment
- Clause 37 – Governing Law
- Clause 38 – Jurisdiction
- Clause 39 – Severability
- Clause 40 – Waiver
- Privacy Policy - https://www.healthya.co.uk/privacy_policy
- 33.1
SERVICES
- When supplying Services via the Portal healthya will ensure that it takes all reasonable measures that none of its equipment and software will fail.
- healthya performs regular back-ups of all data.
- If backed up data is required to be restored all Customers understand that this could take up to seven days to restore and operation to resume. In this instance all Consultations will be rearranged.
- healthya is not responsible for any errors that occur as a result of a transmission fault, corruption, or the compromise of data over telecommunication carriers.
- healthya will not make any warranty that the Portal or any Services it provides will be uninterrupted, secure, without error or defect.
- healthya makes no warranty that the Portal, website, or Services it provides will meet all Customers’ requirements.
- healthya does not guarantee that the Portal and website will be free from any viruses or bugs.
- 33.2
GENERAL
- healthya makes NO warranties, representation in regard to satisfying government regulations in regard to (but not limited to):
a. Disclosure of information on prescription drugs
b. Any treatment, action, application, or preparation of medication based on information sourced or offered by healthya Portal, website, notifications, publications, or Services
- healthya does not endorse any promotions, services, or products of any third parties.
- healthya will not assume any responsibility or liability for the accuracy of information published or contained in third party websites or their promotions, advertisements, communications, or other materials.
- healthya makes NO warranties, representation in regard to satisfying government regulations in regard to (but not limited to):
- 34.1
healthya will not be responsible if any of the Services are delayed or prevented by circumstances outside of their control
- 34.2
In the event that this occurs, healthya will notify all Customers as soon as reasonably possible. healthya will take all reasonable steps to minimise the effect of any further delays or failures.
- 35.1
No one other than the parties to these Terms and Conditions shall have any right to enforce any of its terms
- 36.1
healthya may transfer its rights and obligations under these Terms and Conditions to another organisation. healthya will inform all Customers in writing if it intends to transfer and we will endeavour ensure that the transfer will not affect your rights.
- 36.2
If any Customer wishes to transfer any rights under these Terms and Conditions to someone else, they will require healthya consent to do so. The Customer may only transfer your rights or your obligations under these terms to another person if this has been agreed with healthya.
- 37.1
By accepting these Terms and Conditions, the Customer acknowledges and understands and have read and will abide by the Privacy Policy (as updated from time to time in accordance with its terms), which is part of these Terms and Conditions by reference.
- 38.1
Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
- 39.1
If any provision or part-provision of these Terms and Conditions or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or partprovision shall be deemed deleted. Any modification to or deletion of a provision or partprovision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
- 40.1
If there is any delay by healthya in enforcing any part of these Terms and Conditions, they will still be able to enforce these at a later date.
- 40.2
If for any reason healthya does not notify you to act immediately in relation to anything you are obliged to do under these terms and conditions, or as in clause 39 above, the Customer will still be required to undertake those obligations. In addition, this will not prevent healthya from taking any steps against the Customer at a later date.
In the interest of safety of all Customers and Patients, we will conduct identity checks to verify the identity of the person who would like to open an Account. In order to do this, we may require the services of thirdparty providers to undertake an online ID verification.
All potential Customer’s will be required to provide certain personal information such as but not limited to full name, date of birth and address. Please be aware that these details will be shared with third party providers in order to verify your identity.
By creating an Account all Customers understand and consent to their personal information being given to third party providers who provide online ID verification services (of healthya’s choice) and the carrying out of the ID check by a third-party provider, in accordance with our Privacy Policy.
In the event that the Customer fails the ID check, they may be asked to provide additional ID documentation (this may be required in hard copy).
If any Customer is unable to provide the appropriate ID documents, healthya will not be able to provide them with any Services and could result in any booked Consultations being cancelled.
42. COMMENTShealthya would be delighted to hear any comments, suggestions, or feedback that Customer’s may have. To provide feedback please email us at cs@healthya.co.uk.
If a customer provides healthya with any creative material, artwork, or computer codes they agree to sign over all intellectual property rights to healthya together with any moral rights they may have.
healthya reserves the right to use any of such creative materials, artwork or computer codes for any lawful purpose including but not limited to reproductions, disclosure, and publishing without providing the Customer any compensation.
The rights in this clause do not apply to personal information or the Patient Dashboard