Booking Terms and Conditions (Doctor)

1.Introduction

1.1 Bookings made through our website, and our and your rights and obligations in relation to such bookings, are governed by these terms and conditions.

1.2 You will be asked to give your express agreement to these terms and conditions before you confirm a booking on our website.

2.Interpretation

2.1 In these terms and conditions:

(a) “we” means Sapien Medica Limited (and “us and “our” should be construed accordingly);
(b) “you” means our provider under these terms and conditions (and “your” should be construed accordingly);
(c) “they” means our customers (and “their” should be construed accordingly);
(d) “booking” means a booking in respect of the telemedicine consultation, which is confirmed by you under these terms and conditions; and
(d) “force majeure event” means an event that is, or a series of related events that are, beyond our reasonable control.

3.Consent for consultation

3.1 By confirming a booking through us you accept the following terms and conditions in full;

3.2 You grant us the right to transfer their health records/information to you.

3.3 Their healthcare records/information will be transmitted and held via secure means to protect their confidentiality and you will undertake every measure to ensure their healthcare records/information are protected.

3.4 You fully accept the risks of a telemedicine consultation under these terms and conditions, and you consent to the consultation.

4.Payments

4.1 Payment for each consultation will be made into your bank account within 30 days of the consultation.

5.Variation of booking

5.1 If you would like to change the time of a consultation, you should contact us immediately to discuss the requested changes. We reserve the right to accept or reject any changes you may request.

5.2 You may change the time and date of your consultation by giving us notice of the change at least 24 hours before the consultation is due to begin.

5.3 We may change the time and date of your consultation by giving you notice of the change at least 24 hours before the consultation is due to begin. If we notify you of a change to a booking under this Section 5.3, you shall have a right to cancel the booking and receive your fee in respect of the booking.

6.Cancellation of bookings by us

6.1 We may cancel a contract under these terms and conditions:

(a) at least 24 hours before the consultation in respect of which the Contract was made begins.

6.2 If we cancel a contract under these terms and conditions in accordance with this Section 6, you will be entitled to your fee under that contract.

7.Cancellation of bookings by you

7.1 Any rights you may have under this Section 8 are additional to your statutory rights.

7.2 You may cancel a contract under these terms and conditions:

(a) at least 24 hours before the consultation begins, in which case you will be entitled to your fee a under a contract under these terms and conditions.

7.3 In order to cancel a contract under this Section 7, you must complete and submit the cancellation form on our website at: cancellations@sapienmedica.com and/or call us on +44 7752 700 770.

7.4 Save as provided in this Section 7, specified elsewhere in these terms and conditions or mandated by law, you will not receive your fee upon the cancellation of a contract under these terms and conditions.

8.Non-payment of fees

8.1 It is your responsibility to ensure that your consultations are attended to in a timely manner. There will however on occasion be situations or circumstances when we will have to issue refunds for the following reasons:

(a) network connection problems for which you are responsible, and the consultation is interrupted and cannot proceed.
(b) technical issues with your equipment for which you are responsible, and the consultation is interrupted and cannot proceed.
(c) missed or no-show appointments by you.
(d) appointments to which you have joined late and have over-run past their scheduled finishing time.

If any of the above are brought to our attention, no fee will be paid.

9.Refundable bookings

9.1 It is their responsibility to ensure that their consultations with you are attended to in a timely manner. There will however on occasion be situations or circumstances when we will have to pay your fee (a refund) to you for the following reasons:

(a) network connection problems for which they are responsible, and the consultation cannot start, is interrupted and/or cannot proceed.
(b) technical issues with their equipment for which they are responsible, and the consultation cannot start, is interrupted and/or cannot proceed.
(c) missed or no-show appointments by them.
(d) appointments to which they have joined late and have over-run past their scheduled finishing time.

10.Refund procedure

10.1In order to initiate a refund under Section 9, you must complete and submit a refund form on our website at: refunds@sapienmedica.com. Upon receipt of your refund form, we will send you a notification to confirm it has been received.

10.2 We will evaluate your refund request and if it has been approved your fee will be processed as normal under Section 4 and your fee will be paid into your bank account within 30 days of the consultation.

11.Warranties and representations

11.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

11.2 We warrant to you that any services we may supply to you under these terms and conditions or in connection with a booking will be supplied with reasonable care and skill.

11.3 All of our warranties and representations relating to bookings are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.

12.Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

12.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply.

12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply.

13.Force majeure

13.1 If a force majeure event gives rise to a failure or delay in us performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the force majeure event.

13.2 If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these terms and conditions, we shall:

(a) promptly notify you; and
(b) inform you of the period for which it is estimated that such failure or delay will continue.

13.3 If the performance of our obligations under these terms and conditions is affected by a force majeure event, we shall take reasonable steps to mitigate the effects of the force majeure event.

14.Indemnity

14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of these terms and conditions.

15.Variation

15.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

16.Assignment

16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

17.No waivers

17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

17.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

18.Severability

18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19.Third party rights

19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

20.Entire agreement

20.1 Subject to Section 12.1, these terms and conditions together with our website terms and conditions, shall constitute the entire agreement between you and us in relation to bookings made through our website, and shall supersede all previous agreements between you and us in relation to such bookings.

21.Law and jurisdiction

21.1 These terms and conditions shall be governed by and construed in accordance with English law.

21.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

22.Statutory and regulatory disclosures

22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

22.2 These terms and conditions are available in the English language only.

23.Our details

23.1 This website is owned and operated by Sapien Medica Limited.

23.2 We are registered in England and Wales under registration number 12664242, and our registered office is at 48 Fitzroy Street, London W1T 5BS.

23.4 You can contact us:

(a) by post, to the postal address given above;
(b) using our website contact form; hello@sapienmedica.com
(c) by telephone, on +44 7752 700 770
(d) by email, using the email address published on our website.