Terms and Conditions
Terms and conditions for provision of services (the “Services”) between ZoomDoc Limited and a person seeking a letter or certificate from a doctor confirming details about their health (a “Medical Letter” or “Certificate”).
1 These terms
1.1 What these terms cover
These terms and conditions (“Terms“), together with our privacy policy available at [link] (“Privacy Policy”), are the terms on which you may use the application located at my.zoomdoc.com (the “ZoomDoc Medical Letter Platform”).
You have accessed these terms and in so doing you agree to the terms and in particular you agree as follows:
Your personal information
To supply personal information about you or someone on whose behalf you are acting to us, some of which may be sensitive, and to allow us to process that information in accordance with these Terms and our privacy policy (link). This will include making your information available to all GPs who provide the Services to you via the ZoomDoc Medical Letter Platform and, where you agree, to making information available to your regular GP.
The terms of service
That if you wish to receive the Services following your access to the ZoomDoc Medical Letter Platform for yourself or on behalf of someone else, then you will receive these services in accordance with these terms and conditions.
Your cancellation rights
That you waive any rights to cancellation of the Services you request from ZoomDoc other than as set out in these Terms.
The limits of our liability
1.2 You should not use these Services if you need emergency medical assistance. If you do need emergency medical assistance you should call 999 or visit your local hospital.
1.3 Why you should read them
1.3.1 Please read these terms carefully before you purchase a Medical Letter. These Terms tell you who we are, how you can access the ZoomDoc Medical Letter Platform and the services available on it, how you and we may change or end our contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3.2 You can access these terms at any time at [https://my.zoomdoc.com/page/terms] We may change these Terms, without your consent, to reflect changes in relevant laws and regulatory requirements. Where this is the case we will give you reasonable notice and inform you of the nature of the changes wherever possible. We will only make other changes if we notify you in advance of the changes. New Terms will be displayed on-screen. We recommend that you review these Terms on a regular basis. You understand and agree that any use by you of the ZoomDoc Medical Letter Platform following changes having been posted by us, will be deemed acceptance of such changes
2 Information about us and how to contact us
2.1 Who we are
We are ZoomDoc Limited a company incorporated and registered in England and Wales. Our company registration number is 09540794 and our registered office is at 2 Chanin Mews, London NW2 4AQ. Our main trading address is Unit 2A NW Works, 135 Salusbury road, London, NW6 6RJ. We are a limited company and regulated by Companies House.
2.2 Who you are
“You” are the person accessing the Medical Letter in accordance with these Terms. You are the “Patient” who will receive services via the ZoomDoc Medical Letter Platform or who will access services on behalf of someone else who will be the Patient. You confirm that you have the right, authority and capacity to enter into these terms. If you do not agree with all of the provisions of these terms, do not access our Services.
2.3 Eligible to register
To be eligible to register for a ZoomDoc Account you must be 18 years of age or older. Parents or Legal guardians may add children below the age of 18 years of age to their primary ZoomDoc Account as Patients after initial registration.
2.4 How to contact us
You can contact us by telephoning us at 02079932292 or by writing to us at [email protected] or ZoomDoc, Unit 2A NW Works, 135 Salusbury road, London, NW6 6RJ.
2.5 How we may contact you
If we have to contact you we will do so by telephone [or text] or by writing to you at the email address or postal address you provided to us in your request for Services.
2.6 Your e-mail address
You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivery to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
3 Services
3.1 Services we will provide
The Zoomdoc Medical Letter Platform is a web-based application that enables you to access the medical services of a General Practitioner (a “GP”) by requesting a Medical Letter.
3.2 Medical Letters and Certificates
Medical Letters are provided via the ZoomDoc Medical Letter Platform.
Medical Letters and Certificates are provided by individual ZoomDoc doctors. The ZoomDoc doctors are solely responsible for the Patient, the Services and letter they provide.
Issuing Medical Letters and Certificates is at the sole discretion of ZoomDoc doctors after evaluation of the online medical questionnaire and clinical evidence (Video or images) that are provided.
Our doctors may phone and discuss your symptoms or evidence prior to the provision of a Medical Letter.
If our doctors are not provided with enough clinical information so as to confidently validate your Medical Letter, they may be required to cancel your letter request.
Patients are required to provide identification (such as a Passport, Drivers License, or other valid form of identification) as part of our patient verification procedure.
If an employer or airline or 3rd party does not accept or rejects a ZoomDoc Medical Letter or Certificate, for any reason, neither ZoomDoc nor our doctors are responsible for any costs incurred.
After the provision of Medical Information, if our doctors have any clinical concerns with regards patient safety they may contact a Patient’s regular GP or other regulatory bodies with regards their concern, in line with GMC guidelines and UK doctors’ responsibilities.
If patients provide inaccurate, misleading or incomplete information to obtain a Medical Letter, the patient may be committing fraud.
If the Medical Letter is for insurance purposes, it is the patient’s responsibility to ensure that our Medical Letter (if applicable) meets their insurer’s requirements.
After a Medical Letter has been issued and sent to a patient, ZoomDoc are unable to provide a refund.
If you do not have the required evidence, ZoomDoc’s doctors will cancel your letter and provide a full refund.
ZoomDoc have no liability in relation to the doctors using their professional medical discretion not to provide a Medical Letter or Certificate.
If you believe that you or the relevant Patient (as applicable) requires urgent medical attention, we advise you to call the emergency services (999) or speak to a doctor or healthcare professional immediately.
4 Accounts
4.1 Account Creation
When using the ZoomDoc Medical Letter Platform, you may (but are not obliged to) register for an account (your ZoomDoc Account). When setting up such Account, you may be asked to provide the following prompted by the account registration form:
· Email, mobile telephone number, name, date of birth, gender, address, payment details.
· Certain details requested that are optional include: Pre-existing health problems, current medication and any allergies.
You may also provide the contact details of the regular GP you are registered with
(together, the “Patient Information”).
4.2 Multiple patients
Your ZoomDoc Account may be used to register multiple Patients to receive services, for example all Family members. Where that is the case, Patient Information will need to be provided for each Patient. Each Patient will be deemed to have accepted these Terms.
4.3 Your confirmations
You confirm that: (a) all Patient Information you submit is truthful and accurate; (b) you have obtained the consent of all relevant individuals in respect of the Patient Information you have provided; (c) you will maintain the accuracy of such Patient Information and inform us if any such information changes.
4.4 Service access
If you do not provide this Patient Information in reasonable time or the information is incomplete or incorrect then you agree that you may not be able to access the Services.
4.5 Account deletion
You may delete your ZoomDoc Account at any time, for any reason, by following the instructions on the ZoomDoc Medical Letter Platform. However, please note that in the event that you have uploaded medical evidence, ZoomDoc may still retain your medical data beyond the deletion of your ZoomDoc Account in line with its regulatory responsibilities. The period of time ZoomDoc must retain such data differs depending on your age and circumstances as published in NHS England and the BMA Records Management Code of Practice, and you can find out more information about how long we retain your personal data in our Privacy Policy. We may suspend or terminate your ZoomDoc Account in accordance with sections 9 and 10 of these Terms.
4.6 Account Responsibilities
You are responsible for maintaining the confidentiality of your ZoomDoc Account login and password information and are fully responsible for all activities that occur under your ZoomDoc Account. You agree to immediately notify ZoomDoc of any unauthorised use, or suspected unauthorised use of your ZoomDoc Account or any other breach of security at [email protected]. Subject to the terms of section 8 of these Terms, ZoomDoc cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
5 Access to the ZoomDoc Medical Letter Platform
5.1 Licence
Subject to these Terms, ZoomDoc grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the ZoomDoc Medical Letter Platform solely for your own personal, non-commercial use for the sole purpose of requesting the Services.
5.2 Specific Restrictions
If you are not the person benefiting from the Services, you may only request the services for the Patient, if:
a. the Patient is a family member; or
b. the Patient is under the age of 18 years old or you are otherwise the parent or guardian of that Patient;
and the Patient is registered under your ZoomDoc Account;
5.3 Other Restrictions
The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the ZoomDoc Medical Letter Platform, whether in whole or in part, or any content displayed on the ZoomDoc Medical Letter Platform (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the ZoomDoc Medical Letter Platform; (c) you will not access the ZoomDoc Medical Letter Platform in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of ZoomDoc Medical Letter Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the ZoomDoc Medical Letter Platform will be subject to these Terms.
5.4 Copyright and other proprietary notices
All copyright and other proprietary notices on the ZoomDoc Medical Letter Platform (or on any content displayed on the ZoomDoc Medical Letter Platform) must be kept on all copies of the ZoomDoc Medical Letter Platform.
5.5 Modification
ZoomDoc Limited reserves the right, at any time, to modify, suspend, or discontinue the ZoomDoc Medical Letter Platform (in whole or in part) with or without notice to you. Subject to the terms of section 8 of these Terms, you agree that ZoomDoc will not be liable to you or to any third party for any modification, suspension, or discontinuation of the ZoomDoc Medical Letter Platform or any part thereof.
5.6 No Support or Maintenance
You acknowledge and agree that ZoomDoc will have no obligation to provide you with any support or maintenance in connection with the ZoomDoc Medical Letter Platform but we will endeavour where possible to provide help if you email us at [email protected]
5.7 Ownership
Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the ZoomDoc Medical Letter Platform and its content are owned by ZoomDoc or ZoomDoc’s suppliers. Neither these Terms (nor your access to the ZoomDoc Medical Letter Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 5.1. ZoomDoc and its suppliers reserve all rights not granted in these Terms. There are no implied licenses’ granted under these Terms.
5.8 You acknowledge:
that all ZoomDoc GPs are governed by GMC (General Medical Council) rules and regulations – ‘duties of a doctor’, and may, in exceptional circumstances have to disclose personal information about you where there is a legal basis to do so for example to inform social services if there are any adult or child safeguarding concerns. Additionally, if:
5.8.1 there is an immediate risk or danger to patients and/or the public; or
5.8.2 the disclosure of personal information is required by law
ZoomDoc GPs may be obliged to inform relevant authorities including the police, social services and/or the patient’s regular GP or other doctor.
Fees
5.9 You will be charged fees for medical letters and certificates as clearly set out on the ZoomDoc Medical Letter Platform when you place your order.
VAT
5.10 We will pass on changes in the rate of VAT in the fees that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
Disputes and Complaints
5.11 You may bring a complaint or dispute about our services via alternative dispute resolution, which is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. ZoomDoc subscribes to the centre for effective dispute resolution (CEDR) which provides independent adjudication on complaints against healthcare providers. If you are not happy with how we have handled any complaint or dispute, you may want to contact CEDR via their website at https://www.cedr.com
Processing of Payments
5.12 We use a third-party payment processor [Stripe] to take payments from you for the Services (“Payment Services”). The processing of any such payments will be subject to that third-party’s terms of service and privacy policies which will be available when you make your payment.
5.13 We cannot accept any liability for any damages (whether direct or indirect) caused as a result of the provision of the Payment Services.
6 Personal data
6.1 In order to use the ZoomDoc Medical Letter Platform, you may be required to disclose to us the personal data identified in these Terms including Patient Information (which will include sensitive personal data) relating to you and other data subjects), for example Patients who are not yourself (personal data, sensitive personal data and data subjects all as defined in the UK GDPR. “UK GDPR” is defined in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018). You expressly consent to providing us with this personal information, including financial and medical information.
6.2 You confirm that you consent to our use of your personal information as described above and that each Patient has agreed that you, as the holder of the ZoomDoc Account, may access and receive and disclose to us their personal information as described above. You acknowledge that whilst we seek your consent to use your personal information for the purposes of being open and transparent, we do not rely on this consent as the only lawful basis on which we may process your personal information. Please see our policy for more information on this (link)
6.3 GPs providing services on the Zoomdoc Medical Letters Platform are not permitted to use any personal data obtained about you or any other Patient for any purpose except as set out in our privacy policy (link). Notwithstanding this, you expressly acknowledge and agree as follows:
a. We may access and use your data for audit, performance monitoring and dealing with complaints and disputes, and for providing your data to other GPs providing services via the Zoomdoc Medical Letters Platform where such GPs require access to such information, for example because you request services from them;
b. any data disclosed by you or another Patient to a GP is disclosed entirely at your or the Patient’s own risk;
c. any data that you disclose can be used in accordance with our privacy policy (link) and the terms you enter into with such GPs, which may include the transfer of such data to certain third parties;
d. to the fullest extent permitted by law and the terms of section 7, we are not liable to you in respect of any damages, losses or expenses incurred by you and/or any other Patient as a result of any GP’s use of your data;
6.4 Where we store and process your data
a. all data will be processed within both the UK and the European Economic Area (EEA).
7 Disclaimers
The Zoomdoc Medical Letter Platform is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law and section 8, ZoomDoc (and our suppliers) expressly disclaim any and all warranties and conditions of any kind.
We (and our suppliers) make no warranty that the Zoomdoc Medical Letter Platform will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
8 Limitation on liability
8.1 If you suffer personal injury or death caused by our negligence, there is no limit on our potential liability to you.
8.2 We also do not seek to limit or exclude our potential liability for anything else which cannot be legally limited or excluded.
8.3 Other than under section 8.1 or 8.2 our liability to you is limited to 150% of the fees you have paid in respect of the provision of Services which gives rise to any liability of us to you under these Terms.
8.4 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to us reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. You agree that it includes, for example, loss of your profits and loss of your data.
8.5 Access to, and use of, the ZoomDoc Medical Letter Platform is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
9 Suspension of the services
9.1 We may have to suspend the services available to you via the ZoomDoc Medical Letter Platform in the following circumstances:
· to deal with technical problems or make technical changes;
· to update the services to reflect changes in relevant laws and regulatory requirements;
· if in the reasonable professional opinion of a GP, it is unsuitable for you to receive the relevant Service;
· you display abusive, violent or threatening behaviour unacceptable to us; or
· we are expressly instructed not to do so by an emergency service provider who has authority to give that instruction, for as long as that instruction applies;
· if you do not co-operate with us in respect of the Services to be provided to you or you do not comply with these Terms, for example by failing to make payment.
9.2 We will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or an emergency. If we suspend the services for 2 weeks or more then at the end of that time we may terminate the Services and your access to them via the ZoomDoc Medical Letter Platform. Where reasonably possible, we will explain to you the action we are taking, when that action takes effect, and the reasons for it. When doing so we will also inform you of your right to challenge the action taken through our complaints process
10 Term and termination
10.1 Subject to this Section, these Terms will remain in full force and effect while you use the ZoomDoc Medical Letter Platform. You can end the contract between you and us set out in these Terms by disabling your ZoomDoc Account at any time.
10.2 We may suspend or terminate your rights to use the ZoomDoc Medical Letter Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the ZoomDoc Medical Letter Platform in breach of these Terms.
10.3 Upon termination of your rights under these Terms, your Account and right to access and use the ZoomDoc Medical Letter Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.
10.4 ZoomDoc will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following sections of these Terms will remain in effect: 6, 7 and 8.
11 General
11.1 Entire Terms
These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the use of the ZoomDoc Medical Letter Platform.
11.2 Waiver
A waiver by ZoomDoc of any right or remedy under these Terms will only be effective if it is in writing, executed by a duly authorized representative of ZoomDoc LTD and will apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms will not operate as a waiver of such right or remedy, nor will it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy will preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
11.3 Headings and Interpretation
The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
11.4 Severability
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law and the terms of section 8.
11.5 Relationship between you and us
You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to ZoomDoc is that of a customer, and neither party is an agent or partner of the other.
11.6 Transfer of these Terms
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ZoomDoc LTD’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ZoomDoc may freely assign these Terms but only if we give you advance notice. The terms and conditions set forth in these Terms will be binding upon assignees.
11.7 Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
11.8 Copyright/Trademark Information
Copyright © 2018-2024 ZoomDoc LTD. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the ZoomDoc Medical Letter Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.