Last updated on 17th March 2020
Welcome to MyClinic.com, which is provided by MEDICALCHAIN.COM LIMITED (“we”, “us”, “our” or “Medicalchain”), a company registered in England with company number 10840710 with registered offices at 1st Floor St Magnus House, 3 Lower Thames Street, London EC3R 6HE.
- Key terminology
2.1.1. “App” has the meaning given in paragraph 3.1;
2.1.2. “Appstore Rules” means the terms, guidelines and conditions specified by any relevant provider from whose site you downloaded the App;
2.1.3. “Booking” means the order, purchase, payment, booking or reservation of a Service;
2.1.4. “MyClinic.com” means the online platform provided Medicalchain. Further details of MyClinic.com’s functions are in paragraph 6.1
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 MyClinic.com;
2.1.6. “Service Provider” means the provider of the relevant Services.
- Additional terms
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 MyClinic.com. 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 https://myclinic.com/privacy-policy/, 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.
3.5. For the avoidance of doubt, use of our site at www.myclinic.com (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.
- Age restriction
4.2. We may suspend services or terminate user accounts if we reasonably suspect that they are being used in breach of the age restrictions set out in this section.
- 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 MyClinic.com, and the underlying software. This content is protected by copyright laws and treaties around the world.
5.3. If you are accessing MyClinic.com through an App, you may download a copy of the App onto an appropriate device and view, use and display the App on the devices for your personal purposes only.
5.4.1. not to copy any element of MyClinic.com except where such copying is incidental to normal use of MyClinic.com, or where it is necessary for the purpose of back-up;
5.4.2. not to rent, lease, sub-license, loan, or otherwise deal with, or translate, merge, adapt, vary or modify MyClinic.com or any element of it;
5.4.3. not to make alterations to, or modifications of, the whole or any part of MyClinic.com, 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 MyClinic.com 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 MyClinic.com 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 immediately 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 MyClinic.com;
5.4.12. to tell us immediately 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 MyClinic.com or any element of it.
6.1. MyClinic.com enables you to register for a MyClinic.com account providing (but not limited to) the following features:
6.1.1. Locate and book online NHS (free) and private (paid for) medical appointments with a range of medical professionals including GPs, consultants and nurses (Service Providers).
6.1.2. Attend online appointments with the Service Providers.
6.1.3. Pay for private online appointments.
6.1.4. Access your MyClinic.com medical record which will include details of your online appointments with Service Providers. You may also be able to remotely access your medical records which are held by your GP Practice and or NHS or other healthcare organisations.
6.1.5. Share your MyClinic.com medical record with Service Providers, GP practice or NHS / other healthcare organisations.
6.2. MyClinic.com is designed to be accessed via the Website or through our App.
- Registering to use MyClinic.com
7.1. You can register for a MyClinic.com account by entering the required personal details when prompted to on www.myclinic.com or the MyClinic.com App.
7.2. Please note that if you select or are provided with a user identification code, password or any other piece of information as part of our registration or security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly reset your password to something which only you know. Please visit www.myclinic.com to reset it.
7.5. You can retrieve, change or request that we delete the details you place with us. You will only receive emails that you have agreed to, or those relating to administration purposes.
7.6. You must only use MyClinic.com for lawful purposes and you must not infringe the rights of other users of MyClinic.com.
- Access to MyClinic.com
8.1. We cannot and do not guarantee that MyClinic.com will always be available or that access to MyClinic.com will be uninterrupted. Access to MyClinic.com is permitted on a temporary basis. MyClinic.com is provided to you by us free of charge, and accordingly we may suspend, withdraw, discontinue or change all or any part of MyClinic.com without notice. We will not be liable to you if for any reason MyClinic.com is unavailable at any time or for any period.
8.2. You are responsible for making all arrangements necessary for you to access MyClinic.com (including having access to an internet connection and an appropriate device or browser).
8.4. Whilst we work to strong security standards, we cannot and do not guarantee that MyClinic.com will be secure or free from bugs or viruses and you should use your own virus protection software.
- Making a Booking
9.1. If you are using NHS Services your details will need to be authenticated by the NHS provider (eg GP, hospital or other NHS organisation) before your Booking can be confirmed.
9.2. 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. Medicalchain is, therefore, a disclosed agent of the Service Provider and Medicalchain does not itself (re)sell or offer any product or service to you.
9.3. The information that we disclose through MyClinic.com 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 MyClinic.com, 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 MyClinic.com.
9.4. MyClinic.com 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.
- Price and Payment
10.1. Prices and any applicable delivery and/or processing charges will be as quoted through MyClinic.com but may be subject to change by Service Providers at any time (in which case the details on MyClinic.com 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 a 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 10.1 we will refund you any sums you have paid.
10.2. The Service Provider has full responsibility for accounting for VAT on the total value of the Booking, where applicable. Medicalchain does not charge you VAT on Booking as the Services are provided by the Service Provider, not by Medicalchain. As a result, Medicalchain 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.
10.3. Medicalchain facilitates, through third party payment processors, payment for the relevant Service for and on behalf of the Service Provider. Please note that Medicalchain 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.
10.4. You must not hold Medicalchain 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.
11.1. You may have a legal right to cancel a Booking during the 14 days period commencing on or 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 MyClinic.com. For example, there is no legal right to cancel a Booking that involves:
11.1.1. the supply of a prescribed medicinal product; or
11.1.2. 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.
11.2. 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.
- Prohibited Uses
12.1. You may use MyClinic.com only for lawful purposes. You may not use MyClinic.com in any way:
12.1.1. that breaches any applicable local, national or international law or regulation;
12.1.3. which infringes our intellectual property rights or those of any third party in relation to your use of MyClinic.com;
12.1.4. to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of MyClinic.com;
12.1.5. that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
12.1.6. 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 or where you are legally permitted to do so (for example parent, guardian or power of attorney);
12.1.7. to collect or harvest any information or data in respect of MyClinic.com or our systems or attempt to decipher any transmissions to or from the servers running MyClinic.com; or
12.1.8. 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.
- 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 MyClinic.com.
13.2. Subject to section 13.1, we will not be liable or responsible for:
13.2.1. any loss or damage that was not caused by a breach on our part;
13.2.2. any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);
13.2.3. any losses that were not foreseeable to both you and us when you commenced using MyClinic.com (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 MyClinic.com);
13.2.4. any loss or damage arising from an inability to use MyClinic.com;
13.2.5. use of or reliance on any content displayed through MyClinic.com (regardless of the origins of such content unless due to our breach or negligence);
13.2.6. any inaccuracy relating to the information (including price and availability) about the Services or Service Providers as made available through MyClinic.com;
13.2.7. the Services rendered or the products offered by the Service Providers; or
13.2.8. 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).
13.3. Subject to section 13.1, our liability for any losses suffered arising out of, or in connection with, your use of MyClinic.com, whether in contract, tort (including negligence) or breach of statutory duty, or otherwise is limited to the sum of one thousand pounds (£1,000).
13.4. 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.
13.5. Please note that we only make MyClinic.com available to you for domestic and private use. You agree not to use MyClinic.com for any commercial or business purposes.
13.6. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to MyClinic.com, whether express or implied.
13.7. 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.
14.1. You are free to stop using MyClinic.com at any time (subject to the terms of sections 10 Price and Payment and 11 Cancellation).
14.3.1. all rights granted to you shall cease;
14.3.3. (where applicable) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control; and
- Collection of Personal Data
- Sharing your records
16.1. MyClinic.com enables users to share elements of their medical record with third parties.
16.2. If you choose to share your medical records then by selecting the relevant options you will be able to securely share your records with another MyClinic.com user. This access will continue until you decide to revoke the access to your record. When making an appointment with a Service Provider, your records will be automatically shared with them. This sharing will automatically be revoked 7 days after the Booking is complete. You can view who has access to your records within MyClinic.com at any time.
16.3. Given the nature of the information in your record it is your responsibility to only share your records with trusted recipients that may need access to certain details so as to be better able to provide you with care (for example, if you were abroad then you may wish to give access to a local pharmacist to enable them to check whether you have certain allergies recorded in your record).
16.4. We recommend that you should only share any data where there is a clear need for you to do so. You are responsible for choosing to share your medical record and you must do so with all due care. If you do choose to share any data then it is out of our (or your GP Practice’s) control and you are responsible for ensuring that any medical record data you share is held securely. We will not be liable for any disclosure of sensitive and personal data if such disclosure arises as a result of you using MyClinic.com to export or print out or otherwise share any information made available to you via the App or Website.
16.5. By sharing your record, you acknowledge that this is done at your own risk.
- Complaints procedure, choice of law and jurisdiction
17.1. We hope to make your experience of MyClinic.com an excellent one and welcome your comments, suggestions and details of satisfaction or dissatisfaction. If you have any comments or complaints in relation to MyClinic.com, please contact our Customer Service team.
17.2. 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
17.4. MyClinic.com is intended for use by persons resident within the United Kingdom. If you are accessing or attempting to access MyClinic.com from any other location then: (i) we make no representations that you will be able to access MyClinic.com 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.
The MyClinic.com and Medicalchain logos, MyClinic.com, and Medicalchain are all registered trade marks, which are either owned by, or are licensed to, Medicalchain.
To contact us, please send an email to [email protected]