Terms and Conditions

Last updated: 23.2.2022

1. INFORMATION ABOUT US

• These terms and conditions       of use (“Terms”) govern your use of our online platform, doctoria.co.uk (the       “Site”), which is owned, operated and controlled by Doctoria Ltd,       as well as the Services that are made available to service users via the       Site.
• We are Doctoria Limited, a       company registered in England and Wales with company number 13487661       whose registered office is at 85 Great Portland Street, London, W1W 7LT (“Operator”, “we” or “us”). We are responsible       for operating the Site.
• We work with various       registered healthcare professionals, such as doctors and general       practitioners (“Providers”) in respect of the provision of online       telehealth/video medical consultations and secure messaging between them       and service users.

2. DEFINITIONS AND      INTERPRETATION

• “Provider” or “Providers”       means those registered doctors and general practitioners, who provide the       medical (clinical) Services that you obtain via the Site.
• “Services” means the       video consultation together with any medical (clinical) services, which       are provided via the Site, and the (non-clinical) platform services, by       which you access and use the Site when you obtain such medical (clinical)       services.
• “you“ and “your“       means you, your dependents if any, and any other person accessing your       Site account (the “Patient Account“).
• The words “include,”       “includes,” and “including” are deemed to be followed by       the words “without limitation”; the word “or” is not exclusive;       and the words “herein,” “hereof,” “hereby,” and “hereunder”       refer to these Terms as a whole.

3. ACCESS TO THE SITE

• Please read these Terms       carefully and make sure that you understand them. If you wish to access       the Services via the Site, you will be asked to agree to these Terms. If       you do not accept these Terms, you will not be allowed to access the       Services via the Site.
• By clicking “accept”, you       acknowledge that you have read, understand, and accept all terms and       conditions that are contained within these Terms and our Privacy Policy       at https://doctoria.co.uk/privacy-policy/.
• The Services that are       accessible via the Site are intended to be accessed by service users who       are domiciled in the United Kingdom. Please do not attempt to access the       Services if you are domiciled outside of the United Kingdom.
• No users under 18 years old: In order to access the       Site, you represent and warrant that you are at least 18 years old and       that you have the capacity to enter into a binding agreement which       creates legal obligations in accordance with the laws of England and       Wales.
• If you are under the age of       18, please do not attempt to register with the Site or provide any       personal information about yourself to us.
• Notwithstanding clause 5,       if we collect personal information from someone who is under the age of       18, we will promptly delete that information.
• If you believe that we have       collected personal information from someone who is under the age of 18,       please Contact Us.

4. SERVICES

• Services provided
  • We offer an online        communication platform for service users to connect to Providers via the        Site through the use of both asynchronous and synchronous        telecommunications technologies, video and other communication tools.        The Site facilitates communication between Providers and service users        to enable the provision of the Services.
  • Each Provider accesses the        Site as a way to communicate with you. Any medical advice which you        receive from a Provider via the Service is provided by such Provider,        and not by the Operator.
  • You acknowledge that your        reliance on any advice or information which is provided by a Provider        via the Site and the Service is solely at your own risk and, to the        fullest extent allowable by law, you assume responsibility for all        associated risks.
  • You will be able to access        certain Providers based on the information that you submit to the Site.
  • You should always seek the        advice of your qualified healthcare professionals (such as your own GP)        with any questions or concerns which you may have regarding your        individual needs and any medical conditions. All information which is        provided by us, or in connection with any communications which are        supported by us, is intended to be for general information purposes        only. Your interactions with the Providers via the Site are not intended        to replace your relationship with your regular qualified healthcare professionals        (such as your GP).
• No Medical Care or Advice       is provided by the Operator
  • The Operator does not        provide medical (clinical) advice or care.
  • The content on the Site        and the Services, including without limitation, text, copy, audio,        video, photographs, illustrations, graphics, and other visuals, is for        informational purposes only and does not constitute clinical advice,        diagnosis, treatment or medical recommendations of any kind by the        Operator.
  • The Providers are        appropriately qualified healthcare professionals who are registered        within the scope of their clinical competencies. The Providers are        solely responsible for the quality and appropriateness of the clinical        care and advice that they provide via the Site.
  • The Operator does not        recommend or endorse any specific Providers, tests, medications,        products or procedures.
  • The Operator does not        provide any legal advice or representations in any way regarding any        legal issues which arise from any advice, information or services        offered by a Provider, including but not limited to any compliance        obligations or steps necessary to comply with any regulations.
  • The Operator does not make        any representations or warranties about the training or skill of any        Provider who provides Services via the Site.
• Not for Emergencies
  • The Services that are        accessible via the Site are not suitable for emergency medical        treatment. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU        SHOULD CALL 999 IMMEDIATELY.
  • You should not disregard        or delay seeking medical advice based on anything that appears or does        not appear on the Site.
  • You should seek emergency        help or follow up care when recommended by a Provider or when otherwise        needed.
  • You should continue to        consult with your regular qualified healthcare professional (such as        your GP) and other healthcare professionals, as recommended by them or a        Provider.
  • Always seek the advice of        a doctor or other qualified healthcare professional concerning questions        you have regarding a medical condition and before stopping, starting or        modifying any treatment.
• Risks of Telehealth       Services
  • By using the Services, you        acknowledge the potential risks associated with telehealth services,        which include but are not limited to the following:
    • information which is         transmitted may not be sufficient (e.g. poor resolution of images) to         allow for appropriate medical or healthcare decision making by the         Provider;
    • delays in evaluation or         treatment could occur due to failures of electronic equipment;
    • a lack of access to your         medical records may result in adverse drug interactions or allergic         reactions or other judgment errors; and
    • although the electronic         systems that we use incorporate network and software security protocols         to protect the privacy and security of health information, those         protocols could fail causing a breach of privacy in respect of your         health information.

5.AVAILABILITY OF THE SERVICES

• The Site and the Services       are only intended for service users who are domiciled in the United       Kingdom. Access to and use of the Site or the Services is limited       exclusively to service users who are domiciled in the United Kingdom.
• Accessing the Site or       Services from jurisdictions where the Site content is illegal, or where       we do not offer the Services, is prohibited.

6. PRIVACY

You agree that information which is provided by you in connection with the Services and the Site shall be governed by our Privacy Policy, which is hereby incorporated and made a part of these Terms by reference.

7. ORDERING AND PURCHASING      SERVICES

• Online Payments
  • When you purchase Services        via the Site, the total price you pay shall comprise the following:
    • the price which is         payable for the medical Service;
    • the price which is         payable for you to use and access the Site and its features via your         Patient Account in respect of those medical Services; and
    • any applicable taxes.
  • We accept any payment        method or system that is authorised within the United Kingdom, including        debit and credit cards, and third-party platforms. If a credit card        account is being used for a transaction, we may obtain pre-approval for        an amount up to the amount of the payment. If you want to designate a        different payment method or if there is a change affecting your payment        method or system (e.g. if you want to change your credit or debit card),        you must change your information online. This may temporarily delay your        ability to make online payments while we verify your new payment        information.
  • You represent and warrant        that, if you are making online payments:
    • any payment information         that you supply is true, correct, and complete;
    • charges which are         incurred by you will be honoured by the relevant payment institution;
    • you will pay the charges         which are incurred by you in the amounts posted, including, without         limitation, any applicable taxes; and
    • you are the person in         whose name the payment method was issued and you are authorised to make         a purchase or other transaction with the relevant payment method.

8. ELIGIBILITY, SITE ACCESS,      SECURITY AND RESTRICTIONS

• You agree to fully,       accurately, and truthfully create your Patient Account, including but not       limited to your name, mailing address, phone number, email address, and       password, which become your Patient Account ID and credentials. The       Patient Account ID or credentials are personal to you, and you are solely       responsible for maintaining the confidentiality of your Patient Account       ID or credentials, and for all activities that occur under such Patient       Account ID or credentials. You agree to prohibit anyone else from       accessing or using your Patient Account ID or credentials and agree to       immediately notify us of any actual or suspected unauthorised use of your       Patient Account ID or credentials or other security concerns of which you       become aware.
• You are prohibited from       violating or attempting to violate the security of the Site, including,       without limitation:
  • accessing data which is        not intended for such user or logging on to a server or an account which        the user is not authorised to access;
  • attempting to probe, scan,        or test the vulnerability of a system or network or to breach security        or authentication measures without proper authorisation; or
  • accessing or using the        Site or any portion thereof without authorisation, in violation of these        Terms or applicable law.
• You may not use any       scraper, crawler, spider, robot, or other automated means of any kind to       access or copy data on the Site, deep-link to any feature or content on       the Site, bypass our robot exclusion headers, or other measures that we       may use to prevent or restrict access to the Site.
• Violations of system or       network security may result in civil or criminal liability. We may       investigate occurrences that may involve such violations and may involve,       and co-operate with, law enforcement authorities in prosecuting service       users who are involved in such violations. You agree not to use any       device, software, or routine to interfere or attempt to interfere with       the proper working of the Site or any activity being conducted on the       Site.
• If you choose, or you are       provided with, a user identification code, password or any other piece of       information as part of our security procedures, you must treat such       information as confidential. You must not disclose it to any third party.
• We have the right to       disable any user identification code or password, whether chosen by you       or allocated by us, at any time, and to revoke your access to the Site       and your Patient Account if in our reasonable opinion you have failed to       comply with any of these Terms. If you know or suspect that anyone other       than you knows your user identification code or password, you must       promptly notify us at: Contact Us.

9. ELECTRONIC COMMUNICATIONS

• When you use the Site or       Services, or send emails, messages, and other communications from your       desktop or mobile device to us, you are communicating with us       electronically.
• You consent to receive       communications from us electronically.
• You agree that:
  • all agreements and        consents can be signed electronically; and
  • all notices, disclosures,        and other communications that we provide to you electronically satisfy        any legal requirement that such notices and other communications be in        writing.
• We and the Providers may       contact you by telephone, mail or email to verify your account       information. We and the Providers may request further information from       you and you agree to provide such further information to ensure that you       have not fraudulently created your account. If you do not provide this       information in the manner requested within fourteen (14) days of the       request, we reserve the right to suspend, discontinue, or deny your       access to and use of the Site and the Services until you provide the information       to us as requested.

10. CONSENT TO RECEIVE CALLS,      TEXT MESSAGES AND VIDEO RECORDING

By providing your mobile number, you are agreeing to be contacted by or on behalf of the Operator at the mobile number you have provided, including calls and text messages, to receive certain information and communications relating to the Services (e.g. appointment reminders and follow ups etc.) or the Site. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify those Services that you wish to stop. Please note that, by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us, you may not receive important and helpful information and reminders about your Services.

11. OWNERSHIP OF THE SITE AND      RELATED MATERIALS, ADDITIONAL RESTRICTIONS

• All pages within the Site       and any material that is made available for download are the property of       the Operator, or its licensors or suppliers, as applicable. The Site is       protected by national and international copyright and trade mark laws.
• Subject to these Terms and       the payment of all applicable fees, we grant you a revocable,       non-transferable (except as provided below), personal, non-exclusive       licence to use the object code version of the Site.
• All rights that are not       expressly granted to you in these Terms are reserved and retained by us       or our licensors, suppliers, publishers, rights holders, or other content       providers.
• Neither the Site and       Services, nor any part of the Site and Services, may be reproduced,       duplicated, copied, sold, resold, visited, or otherwise exploited for any       commercial purpose without our express written consent. You may not frame       or utilise framing techniques to enclose any trade mark, logo, or other       proprietary information (including images, text, page layout, or form) of       ours without our express written consent. You may not use any meta tags       or any other “hidden text” utilizing our name or trade marks without our       express written consent.
• You may not misuse the Site       or Services. You may use the Site and Services only as permitted by law.       The content of the Site, including without limitation the files,       documents, text, photographs, images, audio, and video, and any materials       that are accessed through or made available for use or download through       the Site may not be copied, distributed, modified, reproduced, published,       or used, in whole or in part, except for purposes authorised or approved       in writing by us. You may not frame or utilise framing techniques to       enclose, or deep linking to, any name, trade marks, service marks, logo,       content, or other proprietary information (including, without limitation,       images, text, page layout, or form) of the Operator without our express       written consent.

12. ACCURACY OF INFORMATION,      FUNCTIONALITY

• Although we attempt to       ensure the integrity and accurateness of the Site and Service       descriptions, we make no representations, warranties, or guarantees       whatsoever as to the correctness or accuracy of the Site, Service       descriptions and other content on the Site. It is possible that the Site       could include typographical errors, inaccuracies or other errors, and       that unauthorised additions, deletions and alterations could be made to       the Site by third parties. In the event that an inaccuracy arises, please Contact       Us so that it can be corrected.
• Information which is       contained on the Site may be changed or updated without notice.
• Additionally, we shall have       no responsibility or liability for any information or content that is       posted to the Site from any non-Operator affiliated third party.
• We reserve complete and       sole discretion with respect to the operation of the Site and the       Services. We may withdraw, suspend, or discontinue any functionality or       feature of the Site or the Services among other things.
• We are not responsible for       transmission errors, corruption or compromise of information carried over       local or interchange telecommunications carriers.
• We are not responsible for       maintaining information arising from use of the Site or with respect to       the Services. We reserve the right to maintain, delete, or destroy all       communications or information posted or uploaded to the Site or the       Services in accordance with our internal record retention or destruction       policies.

13. LINKS TO OTHER SITES

• Links to third party       websites on the Site are provided solely for your convenience. If you use       these links, you leave the Site. We have not reviewed these third party       websites and do not control and are not responsible for these websites,       their content or availability. We therefore do not endorse or make any       representations about them, or any material found there, or any results       that may be obtained from using them. If you decide to access any of the       third party websites that are linked to the Site, you do so entirely at       your own risk.
• You may link to the home       page of the Site, 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 the Site in any website that is not owned by you.
• The Site must not be framed       on any other website, nor may you create a link to any part of the Site       other than the home page.
• We reserve the right to       withdraw linking permission without notice.

14. USER INFORMATION

• If you submit, upload,       post, or transmit any health information, medical history, conditions,       symptoms, personal information, consent forms, agreements, requests,       comments, ideas, suggestions, information, files, videos, images, or       other materials to us or the Site (the “User Information”), you       agree not to provide any User Information that:
  • is false, inaccurate,        defamatory, abusive, libellous, unlawful, obscene, threatening,        harassing, fraudulent, pornographic, harmful, or that could encourage        criminal or unethical behaviour;
  • violates or infringes the        privacy, copyright, trade mark, trade dress, trade secrets, or        intellectual property rights of any person or entity; or
  • contains or transmits a        virus or any other harmful component.
• You agree not to contact       other Site users through unsolicited e-mail, telephone calls, mailings,       or any other method of communication.
• You represent and warrant       to us and the Providers that you have the legal right and authorisation       to provide all User Information to us and the Providers for use, as set       forth herein and required by us and the relevant Provider.
• You agree that information       provided by you in connection with the Services and Site shall be       governed by our Privacy Policy.
• You agree not to:
  • access the Site or use the        Services in any unlawful way or for any unlawful purpose;
  • post or transmit: (i) a        message under a false name; or (ii) any data, materials, content, or        information (including, without limitation, advice, and recommendations)        (collectively “Information”) which is: (a) libellous, defamatory,        obscene, fraudulent, false, or contrary to the ownership or intellectual        property rights of any other person; or (b) contains or promotes any        virus, worm, Trojan horse, time bomb, malware, or other computer programming        or code that is designed or intended to damage, destroy, intercept,        download, interfere, manipulate, or otherwise interrupt or expropriate        the Site or the Services, personal information, software, equipment,        servers, or information or facilitate or promote hacking or similar        conduct;
  • impersonate or        misrepresent your identity or falsely state or misrepresent your        affiliation with a person or entity;
  • tamper, hack, spoof, copy,        modify, or otherwise corrupt the administration, security, or proper        function of the Site or the Services;
  • use robots or scripts with        the Site;
  • attempt to reverse        engineer, reverse assemble, reverse compile, decompile, disassemble,        translate, or otherwise alter, defraud, or create false results from any        executable code, information on, or received by the Site;
  • have any antivirus or        antispyware software running that is set to override the internet        browser’s cookies setting;
  • incorrectly identify the        sender of any message transmitted to the Operator;
  • alter the attribution or        origin of electronic mail, messages, or posting;
  • harvest or collect        personal health information about any other individual who uses the Site        or the Services; and/or
  • infringe or facilitate        infringement on any copyright, patent, trade mark, trade secret, or        other proprietary, publicity, or privacy rights of any party, including        but not limited to, such rights of third parties.
• Warning: If you provide false,       inaccurate or misleading information at any time when using the Site or       engaging with any Provider, then a recommendation for medical treatment       or a prescription may be made or a Service may be provided which is based       on such information, which could have severe or potentially       life-threatening consequences. By using the Site and consenting to these       Terms, you agree not to provide false, inaccurate or misleading       information at any time. To do so, would be a breach of these Terms.
• You agree to defend,       indemnify, and hold harmless the Operator and the Providers from and       against all third party claims, damages, and expenses (including, but not       limited to, reasonable attorneys’ fees) against or incurred by us arising       out of any User Information that you upload to or transmit through the       Site or any breach of this clause 14.

15. CLAIMS OF COPYRIGHT      INFRINGEMENT

• We respect the intellectual       property rights of others and expect service users of the Site to do the       same.
• We disclaim any       responsibility or liability for copyrighted materials which are posted on       the Site. If you believe that your work has been copied in a manner that       constitutes copyright infringement, please follow the procedures set       forth below.
• We will respond promptly to       notices of alleged infringement that are reported to us.
• Notices of Alleged       Infringement for Content Made Available on the Site
  • If you are a copyright        owner, authorised to act on behalf of one, or authorised to act under        any exclusive right under copyright, please report any alleged copyright        infringements taking place on or through the Site by sending us a notice        (a “Copyright Notice”), which complies with the following        requirements:
    • identify the copyrighted         works that you claim have been infringed;
    • identify the material or         link that you claim is infringing (or the subject of infringing         activity) and that access to which is to be disabled, including at a         minimum, if applicable, the URL of the link shown on the site where         such material may be found;
    • provide your mailing         address, telephone number, and, if available, email address;
    • include both of the         following statements in the body of the Copyright Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.”

“I hereby state that the information in this Copyright Notice is accurate and, under the relevant legal penalties, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”;

• provide your full legal name      and your electronic or physical signature; and
• deliver this Copyright      Notice, with all items completed, to us at Contact

16. INTELLECTUAL PROPERTY

• With the exception of your       electronic medical record, we retain all right, title, and interest in       and to the Site, the Services and any information, documentation,       software, or other materials on the Site, and any patent, copyright,       trade secret, trade mark, service mark, or other intellectual property,       or proprietary right in any of the foregoing, except for information on       the Site, which is licensed to us (in that case, the licence provider       retains all right, title, and interest therein).
• The information that is       available through the Site and the Services is our property. You agree       not to store, copy, modify, reproduce, retransmit, distribute,       disseminate, rent, lease, loan, sell, publish, broadcast, display, or       circulate such information to anyone.
• Use, reproduction, copying,       or redistribution of our trade marks, service marks, and/or logos are       strictly prohibited without our prior written permission. The immediately       foregoing sentence also applies to any third party trade marks, service       marks, and logos that are posted on the Site.
• Nothing that is contained       on the Site should be construed as granting, by implication, estoppel,       waiver, or otherwise, any licence or right to use any trade mark, service       mark, or logo that is displayed on the Site without the written grant       thereof by the Operator, or the third party owner of such trade mark,       service mark, or logo. The Site may contain other proprietary notices and       copyright information, the terms of which you agree to follow.
• We may delete any       information that you provide to us, which we consider in our sole       discretion to be fraudulent, abusive, defamatory, obscene or in violation       of any copyright, trade mark or other intellectual property or ownership       right of any other person or entity.

17. DISCLAIMER OF WARRANTIES

• We do not warrant that       access to or use of the Site will be uninterrupted or error-free or that       defects in the Site will be corrected.
• The Site, including any       content or information contained within it or any site-related service,       is provided “as is”, with no representation or warranty of any kind,       either express or implied.
• You assume total       responsibility and risk for your use of the Site, site-related services,       and linked websites. You are responsible for implementing procedures that       are sufficient to satisfy your needs for data backup and security.
• Warranties relating to the       Services which are offered, sold, and distributed via the Site are       subject to separate warranty terms and conditions, if any, provided by us       or third parties (including the relevant Providers) with or in connection       with the applicable Services.

18. LIMITATION OF LIABILITY      REGARDING USE OF SITE

IMPORTANT – YOUR ATTENTION IS DRAWN TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.

• Except as provided by law,      and without limitation:
  • we do not accept any       liability for the consequences arising from the application, use, or       misuse of any Services which are made available through the Site,       including any injury or damage to any person or property as a matter of       negligence, or otherwise; and
  • we shall not be liable for       the acts or omissions of the Providers.
• 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 or agents or for fraud or fraudulent      misrepresentation.
• We will not be liable,      whether in contract, tort (including negligence), breach of statutory      duty, or otherwise, for:
  • loss or damage caused by       you providing inaccurate or incomplete information;
  • loss of your emotional       well-being including, but not limited to, any embarrassment caused;
  • loss of income or       anticipated profits;
  • loss of opportunity;
  • loss of goodwill or injury       to reputation;
  • losses suffered by third       parties; or
  • any indirect,       consequential, special or exemplary damages arising from the use of the       Site or the Service regardless of the form of action.
• We will not be liable for      any loss or damage (in contract, negligence or otherwise) where:
  • there is no breach of a       legal duty of care owed to you by us;
  • the loss or damage is not a       reasonably foreseeable result of any such breach; or
  • any loss or damage or       increased risk of loss or damage results from a breach by you of these       Terms.
• Subject to clause 2, our      total liability to you whether in contract, tort (including negligence),      breach of statutory duty, or otherwise, arising under or in connection      with the provision of the Services shall be limited to the amount paid by      you in respect of such Service.
• We will take all appropriate      technical and organisational measures against unauthorised or unlawful      processing of your personal data and against accidental loss or      destruction of, or damage to, personal data but subject to that and our      obligations under law as a data controller, we shall not be responsible      for any data loss or unauthorised access by other persons, whether a      result of unauthorised access, misaddress, technical failure, technical      interference, negligence or otherwise.
• We disclaim all warranties,      express or implied (to the extent permitted by law) including, but not      limited to, implied warranties of satisfactory quality and fitness for a      particular purpose. We do not warrant that the Site or any notifications      sent by us to you will be free of viruses or other harmful components.
• We do not accept any      liability or responsibility for the actions or omissions of any third      party, including but not limited to the Providers.
• We are not liable for loss      or damage, which arises from your failure to inform your regular qualified      healthcare professional about any Services which you order from the Site.

19. NO THIRD PARTY RIGHTS

Unless expressly stated in the Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, us and our affiliates. Nothing in the Terms is intended to relieve or discharge the obligation or liability of any third persons to you, us or Providers.

20. ASSIGNMENT

You may not assign, transfer, or delegate the Terms or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of the Terms, and any rights or duties hereunder. The Terms will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

21. GOVERNING LAW

These Terms shall be interpreted and construed under the laws of England and Wales.

22. DISPUTE RESOLUTION

• The courts of England and       Wales will have exclusive jurisdiction concerning all disputes or claims       arising out of or relating in any way to these Terms or your use of the       Site, including without limitation the Services, between you and us.
• We will try to work in good       faith to resolve any issue you have with the Site, including without       limitation the Services purchased through the Site, if you Contact Us.       However, we realise that there may be rare cases where we may not be able       to resolve an issue to your satisfaction. We and you will try to reach an       agreement to resolve the claim within thirty (30) days after the notice       is received.

23. FORCE MAJEURE

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

24. TERMINATION

• We reserve the right to       refuse to provide to you access to all or part of the Site or to       terminate your access to all or part of the Site if your behaviour gives       us a valid reason to do so. This will in particular be the case if you       violate applicable laws or contractual provisions.
• Notwithstanding any such       limitation or termination, you will continue to have access to the       Services that you have purchased until that time.

25. INDEMNIFICATION

• You agree to defend,       indemnify, and hold harmless us and any of our affiliates from and       against any and all rights, demands, losses, liabilities, damages,       claims, causes of action, actions, and suits (no matter whether at law or       equity), fees, costs, and attorney’s fees of any kind whatsoever arising       directly or indirectly out of or in connection with:
  • your use or misuse of the        Site, Services or any information which is posted on the Site;
  • your breach of the Terms        or Privacy Policy;
  • the content or subject        matter of any information you provide to us, or any Provider or customer        service agent; or
  • any negligent or wrongful        act or omission by you in your use or misuse of the Site, Services, or        any information on the Site, including without limitation, infringement        of third party intellectual property rights, privacy rights, or        negligent or wrongful conduct.

26. REVISIONS OF THE TERMS

• In our sole discretion, we       reserve the right to modify these Terms at any time, effective upon       posting on the Site. You should therefore periodically visit this page to       review the current Terms, so you are aware of any such revisions to which       you are bound. You therefore agree to review the Terms each time you       access the Site so that you may be aware of any changes to these Terms.       The date of these Terms was last revised is identified at the top of       these Terms.
• Any use of the Site after       such changes will be deemed your acceptance of the same.
• If you do not agree with       the up-to-date Terms, you must delete your Patient Account.

27. RIGHT TO BE FORGOTTEN

• Upon deletion of your       Patient Account, we will erase any and all information that we hold about       you.
• However, Providers are       bound by law to keep a copy of your medical record for a certain       duration, and therefore so is the Operator.

28. GENERAL

• In the event that any of       the Terms are held by a court or other tribunal of competent jurisdiction       to be unenforceable, such provisions shall be limited or eliminated to       the minimum extent necessary so that these Terms shall otherwise remain       in full force and effect.
• These Terms constitute the       entire agreement between us regarding the subject matter hereof.
• Certain provisions of these       Terms may be superseded by expressly designated legal notices or terms       located on particular pages within the Site.
• Copyright/Trade mark       Information.       Copyright © Doctoria Limited. All rights reserved. All trade marks,       logos, and service marks (the “Marks”) that are displayed on the       Site are our property or the property of other third parties. You are not       permitted to use the Marks without our prior written consent or the       consent of such third party, which may own the Marks.
• For the purposes only of       Articles 14(2)(c) and 28 of Council Directive 2006/112/EC (on the common       system of value added tax) and of equivalent domestic legislation, and       subject to any other legal requirements provided in or applicable to       these Terms, the Operator shall be deemed to supply the Services to you       and accordingly, Providers shall be deemed to have supplied those       Services to the Operator.

29. HOW TO CONTACT US

• If you wish to make a       complaint about the Site, please contact us.
• If, for any reason, you       need to contact us, the easiest way is to contact us directly by:
  • Email at office@doctoria.co.uk
• Where reference is made in       these Terms to communication being made in writing, this shall be taken       to include communication made by us by way of onscreen message,       notification, prompt field or other communication or information provided       to you via the Site, or by email using an email address, which you have       provided to us for communication with you. The provisions of this clause       shall not apply to the requirements of service of any documents in legal       proceedings.