Patient Access Marketplace – Terms of use for individuals

Last updated on 30 May 2021

1. About these terms of use

Welcome to the Patient Access Marketplace, which is provided byEgton Medical Information Systems Limited  (“we”, “us”, “our” or “Patient”), a company registered in England with company number 2117205 with registered offices at Fulford Grange, Micklefield Lane, Rawdon, Leeds, LS19 6BA.

These terms of use apply when you, as an individual, use the Booking Service we offer. For an explanation of what we mean by the Booking Service, please see paragraph 2.1.3 below.

If you do access or use the Booking Service, it is understood that you agree to these terms of use.

Please be aware that if you do not accept these terms of use you must not access or use the Booking Service.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS BOOKING SERVICE, INCLUDING THE LIMITATIONS OF LIABILITY (SECTION 11).

2. Key terminology

2.1. In these terms of use, the following terms have the following meanings:

2.1.1. “App” has the meaning given in paragraph 3.1;

2.1.2. "Booking" means the order, purchase, payment, booking or reservation of a Service;

2.1.3. "Booking Service" means the online purchase, order, (facilitated) payment and/or reservation service as offered by Patient in respect of the Services made available by Service Providers through this website/application;

2.1.4. “Patient Access” means the online GP booking service which we also provide;

2.1.5. "Service(s)" means the various services (and related products) that can be ordered, purchased, bought, booked or reserved by you from a Service Provider through the Booking Service;

2.1.6. "Service Provider" means the provider of the relevant Services.

2.2. Where the words “include” or “including” are used in these terms of use, they are deemed to have the words “without limitation” following them, and the examples following these words are illustrative only and shall not limit the sense of the words preceding them.

3. Additional terms

3.1. If you use the Booking Service via a mobile application (“App”) you may also be required to adhere to the terms, guidelines and conditions specified by any relevant provider from whose site you downloaded the App (the “Appstore Rules”). In the event of any inconsistency between these terms of use and the Appstore Rules, these terms of use will prevail.

3.2. The relationships that we have with Service Providers are governed by separate terms and conditions. Each Service Provider is obliged to act in a professional manner when making its Services available on or through the Booking Service. Please note that Service Providers may have their own terms and conditions for use of the Services they supply (which may include certain disclaimers and limitations of liability). These terms and conditions will be brought to your attention before you complete your Booking for the relevant Services.

3.3. Our Privacy Notice, as may be updated from time to time, sets out the terms on which we process any personal data we collect from you, or that you provide to us.

3.4. Our Cookie Policy, as may be updated from time to time, sets out information about the cookies we use on our patientaccess.com website.

3.5. For the avoidance of doubt, use of our site at patient.info and Patient Access (or of any other services accessible through it) are subject to separate terms and conditions and privacy policies, which are accessible through the respective sites.

4. Age restriction

4.1. You may only access the Booking Services if you are at least 18 years old. If you are under 18 years old and would like to access the Booking Service, please ask your parent or guardian to complete for the relevant Booking for you and confirm that they agree to these terms of use.

5. Grant and scope of licence

5.1. We are the owner (or the licensee) of all intellectual property rights in the content provided through the Booking Service, and the underlying software. This content is protected by copyright laws and treaties around the world.

5.2. In consideration of you agreeing to comply with these terms of use, we grant you a non-transferable, non-exclusive, revocable licence to use the Booking Service for your personal purposes only and subject to these terms of use. We reserve all other rights.

5.3. If you are accessing the Booking Service though an App, you may download or stream a copy of the App onto an appropriate device and view, use and display the App on the devices for your personal purposes only.

5.4. Except as expressly set out in these terms of use or as permitted by any local law, you agree:

5.4.1. not to copy any element of the Booking Service except where such copying is incidental to normal use of the Booking Service, or where it is necessary for the purpose of back-up or operational security;

5.4.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Booking Service or any element of it;

5.4.3. not to make alterations to, or modifications of, the whole or any part of the Booking Service, or permit the same (or any part of it) to be combined with, or become incorporated in, any other programs;

5.4.4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Booking Service or attempt to do any such thing (except to the extent that by law cannot be prohibited because they are essential for the purpose of achieving inter-operability or pursuant to any applicable open source licence);

5.4.5. not to provide or otherwise make available the Booking Service in whole or in part (including object and source code), in any form to any person without prior written consent from us;

5.4.6. to make sure that all details you provide during the registration process (including any details about your age) are truthful and accurate;

5.4.7. to let us know promptly if any of the details you have provided stop being accurate;

5.4.8. to use an appropriate profile name. You must not pretend to be someone else or try to register a profile name which could be considered offensive or defamatory;

5.4.9. to be entirely responsible for any activity that occurs under your profile name;

5.4.10. to keep secret your login details (including your password) - you must change your password if you believe it is no longer secret;

5.4.11. to set up no more than one account for the Booking Service;

5.4.12. to tell us as soon as you can if you become aware of any unauthorised use of your account; and

5.4.13. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Booking Service or any element of it.

5.5. If you use any element of the Booking Service in breach of these terms of use, we may refuse your further use of and/or access to the Booking Service with immediate effect and without notice.

6. The Booking Service

6.1. In making a Booking, you enter into a direct (legally binding) contractual relationship with the Service Provider with whom you have made the Booking. We act solely as an intermediary between you and the Service Provider, transmitting the relevant details of your Booking to the relevant Service Provider and sending you a confirmation email for and on behalf of the Service Provider.  Patient is, therefore, a disclosed agent of the Service Provider and Patient does not itself (re)sell or offer any product or service to you.

6.2. The information that we disclose through this Booking Service is based on the information provided to us by the Service Providers. The Service Providers are fully responsible for updating all rates/fees/prices, availability, policies & conditions and other information relevant to the Services they offer.  Although we will use reasonable skill and care in providing the Booking Service, we cannot guarantee that all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information or non-delivery of information. Each Service Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed to you through this Booking Service.

6.3. The Booking Service does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, or qualification of any Service Provider, the Services or its facilities, products or services made available.

7. Access to the Booking Service

7.1. We cannot and do not guarantee that the Booking Service will always be available or that access to it will be uninterrupted. Access to the Booking Service is permitted on a temporary basis.  The Booking Service is provided to you by us free of charge, and accordingly we may suspend, withdraw, discontinue or change all or any part of the Booking Service without notice.  We will not be liable to you if for any reason the Booking Service is unavailable at any time or for any period.

7.2. You are responsible for making all arrangements necessary for you to access the Booking Service (including having access to an internet connection and an appropriate device or browser).

7.3. You are also responsible for ensuring that all persons who access the Booking Service through your internet connection and/or device are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7.4. Whilst we work to strong security standards, we cannot and do not guarantee that the Booking Service will be secure or free from bugs or viruses and you should use your own virus protection software.

8. Price and Payment

8.1. Prices and any applicable delivery and/or processing charges will be as quoted through the Booking Service but may be subject to change by Service Providers at any time (in which case the details on the Booking Service will be updated accordingly) and it is possible that, despite our best efforts, some of the pricing and other information shown for certain Services is incorrect. If the Service’s correct price at the time of your Booking is higher than the price stated to you, we will contact you for your instructions before we accept your Booking.  If your Booking has been accepted and you have been sent an confirmation email before the pricing error was realised, if the pricing error is obvious and could reasonably have been recognized by you as a pricing error, we will provide you with the option of reconfirming your Booking at the correct price, failing which the Booking will be cancelled.  Where a Booking is cancelled under this paragraph 1 we will refund you any sums you have paid.

8.2. The Service Provider has full responsibility for accounting for VAT on the total value of the Booking, where applicable. Patient does not charge you VAT on Booking as the Services are provided by the Service Provider, not by Patient. As a result, Patient cannot provide you with a VAT invoice in respect of your Booking. You will need to contact the Service Provider direct to obtain a VAT invoice if required.

8.3. If applicable and available, certain Service Providers offer the opportunity for Bookings to be paid (wholly or partly and as required under the payment policy of the Service Provider) to the Service Provider at the time the Service is provided (e.g. at the appointment). Please note that when you make such a Booking you are still entering into a binding legal contract in respect of the Booking and you must pay the Service Provider in full when you (or the recipient of the Services) attend the appointment. If you fail to attend the appointment that you have not paid for you will still be liable to the Service Provider for the full amount in accordance with the Cancellation Policy made available to you as part of the Booking process.

8.4. For certain products and services, Patient facilitates, through third party payment processors, payment for the relevant Service for and on behalf of the Service Provider. Please note that Patient never acts nor operates as the merchant of record.  In these circumstances, payment is safely processed from your credit/debit card or bank account to the bank account of the Service Provider through a third party payment processor.  Any payment facilitated by us for and on behalf of, and transferred to the Service Provider will in each case constitute a payment of the price by you of the relevant Service in final settlement of such due and payable price.

8.5. In order to make payment to the Service Provider via the third party payment provider, you must agree to be bound by the terms of service of the third party payment provider.

8.6. You must not hold Patient liable or responsible for any charge by the Service Provider and not (re)claim any amount for any valid or authorised charge by the Service Provider of your credit card.

9. Cancellation

9.1. You may have a legal right to cancel a Booking during the 14 days period commencing on after the day on which you receive your Booking confirmation. However, cancellation rights will not always be applicable to the Services that made available through this Booking Service.  For example, there is no legal right to cancel a Booking that involves:

9.1.1. the supply of a prescribed medicinal product; or

9.1.2. the supply of a product by a health care professional, under arrangements for the supply of services as part of the health service, where the product is one that, at least in some circumstances is available under the NHS for free or on prescription.

9.2. Given that in making a Booking you enter into a direct (legally binding) contractual relationship with the relevant Service Provider, your cancellation rights will be specified by the relevant Service Provider with whom you have made the Booking.

10. Prohibited Uses

10.1. You may use the Booking Service only for lawful purposes. You may not use the Booking Service in any way:

10.1.1. that breaches any applicable local, national or international law or regulation;

10.1.2. that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, or is in any manner inconsistent with these terms of use, or act fraudulently or maliciously in respect of the Booking Service;

10.1.3. which infringes our intellectual property rights or those of any third party in relation to your use of the Booking Service;

10.1.4. to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Booking Service;

10.1.5. that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

10.1.6. to access, send, knowingly receive, upload, download, use or re-use any personal information regarding any person other than yourself without their explicit prior consent;

10.1.7. to collect or harvest any information or data in respect of the Booking Service or our systems or attempt to decipher any transmissions to or from the servers running the Booking Service; or

10.1.8. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

11. LIMITATIONS OF LIABILITY

Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Booking Service.

11.1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

11.2. Subject to section 11.1, we will not be liable or responsible for:

11.2.1. any loss or damage that was not caused by a breach on our part;

11.2.2. any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);

11.2.3. any losses that were not foreseeable to both you and us when you commenced using the Booking Service (losses or damages are ‘foreseeable’ if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract created by your use of the Booking Service);

11.2.4. any loss or damage arising from an inability to use the Booking Service;

11.2.5. use of or reliance on any content displayed through the Booking Service (regardless of the origins of such content unless due to our breach or negligence);

11.2.6. any inaccuracy relating to the information (including price and availability) about the Services or Service Providers as made available through the Booking Service;

11.2.7. the services rendered or the products offered by the Service Providers; or

11.2.8. any personal injury, death, property damage, or other damages, losses or costs suffered, incurred or paid by you, whether due to acts, errors, breaches, negligence, wilful misconduct, omissions, non-performance, or misrepresentations by or (wholly or partly) attributable to a Service Provider (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies).

11.3. Subject to section 11.1, our liability for any losses suffered arising out of, or in connection with, your use of the Booking Service, whether in contract, tort (including negligence) or breach of statutory duty, or otherwise is limited to the sum of one thousand pounds (£1,000).

11.4. Please note that we only make the Booking Service available to you for domestic and private use. You agree not to use the Booking Service for any commercial or business purposes.

11.5. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation for the damage caused. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

11.6. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Booking Service, whether express or implied.

11.7. This section does not affect any legal rights you may have as a consumer in relation to defective services or software. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards Office.

11.8. You acknowledge that we have made the Booking Service available to you in reliance upon these terms of use (including these limitations of liability).

12. Complaints procedure, choice of law and jurisdiction

12.1. We hope to make your experience of the Booking Service an excellent one and welcomes your comments, suggestions and details of satisfaction or dissatisfaction. If you have any comments or complaints in relation to the Booking Service, please contact our Customer Service team.

12.2. If this does not resolve your complaint, you can upload your complaint via the European Commission's ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr 

12.3. If a complaint, dispute or claim is not successfully resolved through discussions between you and us or through the European Commission online dispute resolution platform, please note that these terms of use are governed by and construed in accordance with English law. You and we both agree to submit to the exclusive jurisdiction of the courts of England and Wales (save that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland).

12.4. The Booking Service is intended for use by persons resident within the United Kingdom. If you are accessing or attempting to access the Booking Service from any other location then: (i) we make no representations that you will be able to access the Booking Service or that it will function correctly; and (ii) you are responsible for ensuring that you act in accordance with any applicable laws in whatever jurisdiction you are resident.

12.5. Use of the Booking Service is not authorised in any jurisdiction that does not give effect to all provisions of these terms of use, including this section.

13. General

13.1. We may update these terms of use from time to time, including, to reflect changes in law or as a result of changes to the Booking Service or the addition of new features – it is therefore important that you refer to these terms of use from time to time to ensure that you are familiar with the relevant terms which govern your use of the Booking Service. You should print off a copy of these terms of use for future reference.

13.2. The latest version of our terms of use will be accessible through the Booking Service and we will notify you of any material changes through the Booking Service. You may be required to read and accept our new terms to continue your use of the Booking Service.

13.3. From time to time updates to the App may be issued through the relevant app sites. Depending on the update, you may not be able to use the Booking Service via the App until you have downloaded or streamed the latest version of the App and accepted any updated terms of use.

13.4. If any part of these terms of use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect (and if any of the sub-sections in section 2 are held to be invalid and are struck out then this shall not impact on any of the remaining sub-sections).

13.5. We will not be in breach of any of our obligations under these terms of use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.

13.6. Subject to any specific terms detailed through the Booking Service in relation to particular features or materials, these terms of use (together with the documents referred to in them) set out the entire agreement between you and us in respect of your use of the Booking Service.

13.7. No failure or delay by us to exercise any right or remedy provided under these terms of use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

13.8. Any rights not expressly granted by us under these terms of use are reserved.

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