BABYLON HEALTHCARE SERVICES LIMITED – CONSUMER TERMS AND CONDITIONS
We may amend these from time to time as set out in clause 3. Please check to ensure you understand the terms that will apply at the time you enter into any transaction with the Company. These Terms were most recently updated on 18 February 2015.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) "Advice" means the advice or other services provided by a Practitioner or the Company to a User through the App or otherwise facilitated by the Company.
(b) Affiliates: those persons providing Services or Products through the Company or its App or ordered through the Company or its App, including suppliers and Practitioners and any subcontractors to the Company.
(c) App: means the babylon mobile application provided by the Company and available via the Apple App Store or Google Play Store.
(d) Company: Babylon Healthcare Services Limited registered in England and Wales with company number 9229684 with registered office at Floor 1, 60 Sloane Avenue, London, SW3 3XB.
(e) Distance Selling Regulations: EU (Consumer Information, Cancellation and other Rights) Regulations 2013 as implemented under UK and Irish Law.
(f) Event Outside Our Control: is defined in clause 8.2.
(g) Materials: means any materials, documents, information, intellectual property or other assets belonging to the Company and/or any Affiliate.
(h) Online Shop: means the facility provided to Users on the App for ordering and/or purchasing non-pharmaceutical and non-testing Product/s from a third party supplier.
(i) Practitioner: the medical health practitioner carrying out or providing the Services to include but not limited to a registered general practitioner ("GP"), registered nurse ("Nurse") or registered medical specialist clinician or consultant ("Specialist") registered, as applicable, with the relevant body in the United Kingdom or Ireland.
(j) Product: any physical product ordered by you through the Company’s App or which the Company provides to you.
(k) Services: any services that the Company provides to you or which you order or access through the Company’s App
(l) Terms: the terms and conditions set out in this document including the Schedules.
(m) User: means a customer of the Company who makes use of the Services and/or orders or purchases Products via the App.
(n) In writing or written: shall include in relation to any communication from the Company or its Affiliates, any email, on-screen alert, on-screen notification, prompt, field or other communication of information to you from the Company or its Affiliates and in relation to any communication from you to the Company shall include any email address provided to you by the Company for such communication.
2. OUR CONTRACT WITH YOU
2.1 The Services and Products ordered through the App may be provided to you by the Company or by a third party. These are the terms and conditions on which the Company supplies Services, Products or otherwise contracts with you. If a third party provides a Service or Product through the App, the third party may apply its terms and conditions to the Service or Product provided by it. Please ensure that you carefully read these Terms and the terms and conditions of any third party which provides a Service or Product through the App.
2.2 The Schedules to these Terms are part of the contract.
2.3 The Company does not contract otherwise than on these Terms unless explicitly agreed in writing. If you do not agree with these Terms, you should not use the Company’s App or otherwise order or use any Product or Services from the Company.
3. CHANGES TO TERMS
3.1 The Company may revise these Terms from time to time in the following circumstances:
(a) changes in how the Company accepts payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) where the Company in its discretion deems a revisal necessary or desirable and notifies you of such a revision.
3.2 If the Company makes a revision to these Terms under clause 3.1, the Company will notify you when you next access the App and you will have a right to cancel the contract in accordance with clause 9.3 (c). The then current Terms will apply to any transaction or use and it is your responsibility to ensure that you are content to contract on the then current Terms at the point of any transaction or use.
4. PROVIDING SERVICES
4.1 The Company will not be responsible for any delays or lack of performance by it or any of its Affiliates due to an Event Outside Our Control. See clause 8.3 for the Company's responsibilities when an Event Outside Our Control happens.
4.2 The Company may have to suspend the Services if the Company has to deal with technical problems, or to make improvements to the Services. The Company will use reasonable efforts to minimise such times of suspension but such suspension shall not affect your obligation to pay any subscription or other payment due, provided that such period(s) of suspension do not exceed 30 days in aggregate in any year period.
4.3 If you do not pay the Company for the Services when you are supposed to as set out in these Terms the Company may suspend the Services with immediate effect until you have paid the Company the outstanding amounts.
5. IF THERE IS A PROBLEM WITH THE SERVICES
5.1 In the unlikely event that there is any defect with the Services:
(a) please contact and inform the Company as soon as reasonably possible;
(b) please give the Company a reasonable opportunity to repair or fix any defect and/or to contact the relevant Practitioner and request that they carry out the required repair or fix the defect; and
(c) the Company will use reasonable efforts to repair or fix the defect as soon as reasonably practicable. However the Company is not responsible for any failure by a Practitioner to repair or fix the defect.
You will not have to pay for the Company or Practitioner to repair or fix a defect with the Services under this clause 5.1.
5.2 As a consumer you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials the Company or Practitioner use are faulty or not as described. Advice about your legal rights is available in the UK from your local Citizens' Advice Bureau or Trading Standards office and in the Republic of Ireland from your local Citizens' Information Centre. Nothing in these Terms will affect these statutory rights.
5.3 The Company values your feedback and, following a consultation, provides you with the opportunity to rate your consultation and to provide additional comments. If you have any complaints, please do not hesitate to get in touch by telephoning the User service team on 0330 223 1008, or if calling from the Republic of Ireland, [00353 21 2355755] or by e-mailing the Company at firstname.lastname@example.org.
6. PRICE AND PAYMENT
6.1 The price of the Services or Products will be set out in the Company's App or in the Schedules to these Terms at the time of agreement by the Company to provide the Services and or Products. The Company's prices may change at any time, but price changes will not affect any Services or Products that you have already ordered.
6.2 These prices exclude: (i) VAT, where applicable, and unless otherwise stated; and: (ii) reasonable credit card and other processing fees, where these are incurred by the Company.
6.3 Subject to clause 6.6, the Company will typically charge or invoice you for the Services or Products at the time you order them. Any amounts charged or invoiced are due and payable upon the invoice being issued unless otherwise specified in these Terms or the App.
6.4 You can pay for Services or Products using a credit or debit card.
6.5 Payment for the Services and/or Products and all applicable delivery charges is to be made in advance.
6.6 When you book a consultation with a Practitioner, request a medical test or fulfilment of a prescription, or request other Products or Services from time to time, we may: (i) charge you in full for that Service or Product, or (ii) invoice your insurer, and in the event there is a shortfall in your insurer’s contribution relative to the price of the Product or Service, later invoice you for that shortfall.
6.7 The Company will use reasonable endeavours to process select insurance claims directly with approved insurers on your behalf, providing you have provided correct and sufficient insurance details (including, without limitation, authorisation details for the relevant treatment), the relevant treatment is likely to be a treatment covered by the insurance company, you have consented or requested such processing in the App and the insurance company is one which is on an approved list as having agreed to such interaction with the Company. By providing your insurer’s information through the App you will be deemed to have consented to the above processing but, for the avoidance of doubt, the Company shall not process an insurance claim with any insurer without a valid pre-authorisation number for that treatment that you supply. It is your responsibility to verify with your insurer that the condition to be treated is covered by your insurance, and to obtain a pre-authorisation number for your treatment which you enter into the App. The Company is not responsible for this pre-authorisation or verification. Insufficient documentation will prevent direct settlements and may result in the account being billed to you. Any shortfalls in benefit are your responsibility. Should your insurer determine that the care and treatment is not covered, or not fully covered, under your insurance policy, you agree that you will be liable for the portion of the charges that are not settled by the insurer.
6.8 You agree to provide only valid pre-authorisation details and insurance processing requests through the App.
6.9 You understand and acknowledge that pathology (tests) and treatments ordered following a consultation with a GP may not be eligible for insurer contributions that may be available if ordered following a consultation with a Specialist.
6.10 You understand and acknowledge that subscriptions will automatically renew upon the end of the agreed term, unless you provide a written request to the Company to cancel the subscription prior to the end of the relevant subscription period.
6.11 Subscriptions available within the App are monthly subscriptions, payable up-front in advance. For your convenience, the per-month price may be displayed.
7. OUR LIABILITY TO YOU
7.1 If the Company fails to comply with these Terms, the Company is responsible for loss or damage you suffer that is a foreseeable result of the Company's breach of these Terms or the Company's negligence, but the Company is not responsible for any loss or damage that:
(a) is not foreseeable. Loss or damage is foreseeable if it is an obvious and direct consequence of our breach or if it is contemplated by you and the Company at the time the Company entered into this contract; or
(b) has been caused by a relevant Practitioner (except to the extent such Practitioner is an employee of the Company acting within the scope of their employment), Affiliate, subcontractor or third party . Such Practitioner, Affiliate, subcontractor or third party person shall be solely liable for that loss or damage unless and to the extent that it is caused by the negligence, material breach or wilful default of the Company.
7.2 Partnership companies is not responsible for any loss or damage that has been caused by the Company, a Practitioner, an Affiliate or subcontractor or third party and the Company or the Practitioner, Affiliate, subcontractor or third party shall be solely liable for that loss or damage.
7.3 The App is not suitable for managing a medical emergency or acute condition, any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any product or service urgently. The company cannot guarantee continuous availability of any Practitioner or any availability of any particular Practitioner.
7.4 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and the Company’s obligations under law as a data controller, the Company is not 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. The Company reserves the right to withdraw or delete any information from the App at any time.
7.5 Except as set out under clause 7.7, the Company:
(a) otherwise disclaims all warranties, express or implied;
(b) does not warrant that the App, the Company’s servers, or e-mail sent from the Company are free of viruses or other harmful components.
(c) will not be liable for any damages of any kind arising from the use of the App, including, but not limited to:
(iii) punitive; an/or
(iv) consequential damages.
7.6 The Company provides, among other things, a communications platform for you to communicate with Practitioners and to order products and services from third parties. Except in respect of the actions or omissions of the Company or its officers and employees acting within the scope of their employment, the Company does not accept any liability or responsibility for the actions or omissions of any third party, in particular its Affiliates and any Practitioners who are not employees of the Company.
7.7 The Company only supplies the Products and Services for domestic and private use. You agree not to use the Products and/or Services for any commercial, business or re-sale purpose, and the Company has no liability to you for any:
(a) loss of profit;
(b) loss of business;
(c) business interruption; or
(d) loss of business opportunity.
7.8 The Company does not exclude or limit in any way its liability for:
(a) death or personal injury caused by the Company's negligence or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by (i) section 2 of the Supply of Goods and Services Act 1982 in the United Kingdom and (ii) section 12 of the Sales of Goods Acts 1893 and 1980 in the Republic of Ireland (title and quiet possession);
(d) breach of the terms implied by (i) sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 in the United Kingdom and (ii) sections 13, 14 and 15 of the Sales of Goods Acts 1893 and 1980 in the Republic of Ireland (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the (i) Consumer Protection Act 1987 in the United Kingdom and (ii) Liability for Defective Products Act 1991 and the European Communities (Liability for Defective Products) Regulations, 2000 in the Republic of Ireland;
(f) breach of the terms implied by section 39 of the Sale of Goods and Supply of Services Act 1980 in the Republic of Ireland; or
(g) for any other liability which cannot be excluded or limited by applicable law.
7.9 Without prejudice to clause 7.7 above, the liability of the Company in connection with the Services and any Product whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:
(a) [£2,000] in aggregate in relation to any Services and/or Products ordered through the Online Shop; and
(b) [£1,000,000] in aggregate otherwise.
8. EVENTS OUTSIDE OUR CONTROL
8.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond the Company'sreasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. For the avoidance of doubt, an Event Outside Our Control includes any action or failure to act by the relevant Practitioner and/or insufficient/variable network connectivity at any time for the User, Company or Practitioner.
8.3 If an Event Outside Our Control takes place that materially affects the performance of the Company's obligations to you under these Terms:
(a) the Company will notify you; and
(b) the Company's obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the Company's performance of Services to you, the Company will resume the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract immediately if an Event Outside Our Control takes place resulting in a suspension of the Services that continues for longer than 2 weeks and you no longer wish the Company to provide the Services. Please see your cancellation rights under clause 9. The Company may cancel the contract if an Event Outside Our Control continues for longer than 2 weeks.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUNDS
9.1 Subject to Clause 9.3, you have the following rights regarding (i) cancellation of the Services (including where you choose to cancel because the Services are affected by an Event Outside Our Control or if the Company change these Terms under clause 3.1 to your disadvantage); and (ii) refunds, where you have made a payment for a:
(a) monthly subscription you may cancel the Services and you shall:
(i) be entitled to a refund of your subscription, in whole or in part if you choose to cancel the Services because the Company has changes the Terms to your disadvantage or the Company breaks this contract in any material way and the Company does not correct or fix the situation within 14 business days of you asking the Company to in writing;
(ii) not be entitled to a refund of your subscription, in whole or in part where you choose to cancel because the Services are affected by an Event Outside Our Control
(b) non-subscription Service that you request from time to time (including, without limitation, fees for consultations with Specialists), you may cancel such requests by providing reasonable (and, in any case, greater than 24 hours) notice to the Company but you acknowledge and accept that the Company may begin to procure, resource, prepare, organise and/or undertake provision of a Service as soon as you request the Service and, accordingly, any costs the Company has reasonably incurred in procuring, resourcing, preparing, organising or undertaking the relevant Service shall be deducted from any refund that is due to you, and such deduction shall be a minimum of £10 in respect of Services provided in the United Kingdom and €14 in respect of Services provided in the Republic of Ireland. You shall not be entitled to any refund for any Services that cannot be fulfilled due to your own absence (including, without limitation, for a scheduled consultation), insufficient or variable network connectivity, negligence or other relevant error.
9.2 Once the Company has begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving the Company written notice if:
(a) the Company breaks this contract in any material way and the Company does not correct or fix the situation within 14 business days of you asking the Company to in writing;
(b) the Company goes into liquidation or a receiver or an administrator is appointed over its assets;
(c) the Company changes these Terms under clause 3.1 to your disadvantage;
(d) the Company is affected by an Event Outside Our Control in the circumstances set out in clause 8.4.
9.3 No refund shall be due because of any unavailability of any particular Practitioner where the App is functioning and an alternative Practitioner is available, or, for the avoidance of doubt, in the event of the unavailability of any feature or function of the App that is available to Users free of charge. Nor shall any refund be due because of any temporary interruption in service. You accept by using the App that Practitioners may vary in their opinions and provided any opinion and/or advice and/or recommendation and/or prescription is given in good faith by a relevant Practitioner, no refund shall be due in respect of Services provided.
RIGHT TO CANCEL UNDER DISTANCE SELLING REGULATIONS
9.4 Under the Distance Selling Regulations, you can also cancel a contract within 14 days without giving any reason. Your legal right to cancel starts from the date of the confirmation email (an acceptance in writing by email from the Company or third party supplier stating that the order is accepted which will form the basis of the contract) which is when the contract between us is concluded. Your cancellation period will expire after 14 days from the day of the conclusion of the contract.
9.5 You acknowledge that you cannot cancel an order for the supply of digital content or Services which have been fully performed, where we started delivery of the digital content or performance of the Services upon your request.
9.6 To cancel your order under clause 10 You must inform us (Babylon Healthcare Service Ltd, Floor 1, 60 Sloane Avenue, London, SW3 3X England, email email@example.com) of your decision to cancel this contract by an unequivocal statement (e.g. e-mail or letter). To meet the cancellation deadline, you must send your communication of cancellation before the 14 day period has expired.
9.7 If you cancel this contract under clause 10, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 The Company may have to cancel a request for Services before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which the Company cannot provide the Services. The Company will promptly notify you if a Service is unavailable.
10.2 Once the Company has begun to provide the Services to you, the Company may cancel the contract for the Services at any time by providing you with at least 15 calendar days' notice in writing.
10.3 If the Company has to cancel provision of a Service or the Services under clause 10.1 or clause 10.2 and you have made any payment in advance for the Service or Services that has not been provided to you:
(a) in the case of a Service you have requested and paid for via a monthly subscription payment, the Company shall use reasonable endeavours to restore the affected Service per clause 4.2 and no refund of such subscription payment shall be due where the Company has cancelled the Services due to an Event Outside Our Control;
(b) in the case of a Service you have requested and paid for via a non-subscription payment, the Company shall refund the individual payment to you;
(c) for the avoidance of doubt, in the case of a Service you have requested that ordinarily is available free of charge to Users, you shall not be eligible to receive any refund;
(d) for the avoidance of doubt, no refunds shall be payable in the event that a Service that you have requested cannot be provided due to your own absence (including, without limitation, for a scheduled consultation), negligence, failure to provide requested information or other relevant error.
10.4 The Company may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay the Company when you are supposed to as set out in these Terms; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 calendar days of the Company asking you to in writing, or sooner if reasonably required.
10.5 From time to time, the Company will request certain information from you that may be confidential and/or covered by data protection legislation - for example, details of any medical conditions. The Company will contact you in writing about this. If you do not, after being asked by the Company, provide the Company with this information, or you provide the Company with incomplete or incorrect information, the Company may suspend the Services by giving you written notice. The Company will not be liable for any delay or non-performance where you have not provided this information to the Company after the Company have asked for such information and the Company will not be obliged to provide any refund.
11. ELECTRONIC COMMUNICATIONS
11.1 When you use the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices, alerts, prompts, information fields or other information through the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. YOUR OBLIGATIONS
12.1 You undertake that:
(a) all information you give to the Company, its Affiliates and any Practitioner will be accurate and not omit anything of importance;
(b) you will comply with all instructions and advice given to you by any Practitioner;
(c) if, following use of the App, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilise the emergency services as applicable.
(d) you will comply with any instructions given in relation to any prescription given to you including in particular route, timing and dosages;
(e) you will promptly report any side effects of any prescription to a Practitioner.
(f) you will protect anything prescribed to you and not permit any other person access to the prescription;
(g) you will not use any prescription after its expiry date;
(h) you will not register more than once with the App or the Services;
(i) subject to clause 16 you will not register on behalf of any other person or answer questions or pretend to be any other person;
(j) you will promptly notify the Company if you are aware that any part of your medical record in the App or held by the Company including any tests, prescriptions, imaging, advice given or opinion expressed is incomplete or inaccurate; and
(k) to help us protect the privacy and security of your information, you agree not to make independent recordings of consultations. Your consultations are available for playback within the App.
13. INTELLECTUAL PROPERTY
13.1 The content of the Company's website, App and other Materials is protected by copyright, trademarks, database right and other intellectual property rights.
13.2 You may retrieve and display the content of the Company's App and/or any information stored on or procured through it on a computer or device screen, store such content in electronic form on disk or print copies of such content for your own personal and non-commercial use, provided you keep intact all and any copyright and proprietary notices.
13.3 Consultations, activity and data inputted in the App may be recorded by the Company and you consent to such recording, storage and subsequent retrieval by the Company. You may view consultation recordings from within the App for your own private purposes (and may show them to any other medical practitioner who is supporting your care) but you acknowledge that all intellectual property rights in these belong to the Company.
13.4 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of the Company's App without written permission from the Company. You do not obtain any right in the copyright, design right or any other intellectual property rights in any materials or other documents or items made available to you on the Company's App or through your use of the Services.
13.5 You shall be entitled to use any such materials, documents or other items as are referred to in paragraphs 13.1 to 13.4 above for personal use and only in connection with the Services but shall not be entitled to copy, edit, alter or disseminate (including but not limited to, distributing or making the materials, documents or other items available on a file-sharing network) any such items (in whole or in part) or use them for any commercial purpose. For the avoidance of doubt, nothing in these Terms restricts you from using your medical information for your own personal use including passing to any other medical practitioner.
13.6 All content included in the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its content suppliers and protected by national and international copyright laws. The compilation of all content in the App is the exclusive property of the Company. All software used in the App is the property of the Company or its software suppliers and protected by national and international copyright laws.
The Babylon mark, logo, combined mark and logo and other marks indicated in our App are trademarks of the Company or its affiliates in the United Kingdom and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Company or its Affiliates.
15. LICENSE AND APP USE
The Company grants you a limited license to access and make personal use of the App and not to modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. Any unauthorised use terminates the permission or license granted by the Company. You may not use any logo or other proprietary graphic or trademark of the Company or its Affiliates as part of the link without our express written permission.
16. YOUR USE OF THE COMPANY’S SYSTEMS
Persons aged 18 years of older may use the App on their own, via their own account, via payment made using their own credit or debit card. Persons aged 16 years to 18 years may use the App on their own, via their own account, with payment provided by a credit or debit card belonging to a parent, legal guardian or other adult individual who has consented for their credit or debit card to be used for such purposes. Persons older than 28 days and under 16 years of age (a “Minor”) may have their account opened by a parent or legal guardian on their behalf but (i) the Minor’s account shall be accessible only by switching profiles within the adult’s account to which it is attached; and (ii) the Minor may use the App and the Services only with the express permission and ongoing presence and supervision of the parent or legal guardian. The Company and its Affiliates reserve the right to refuse to provide Services and/or Products, terminate accounts, or remove or edit content where they have a reasonably held suspicion that a Minor is using the App and/or the Services contrary to the provisions of this clause 16.
17. INTERNATIONAL USE
The App may only be used within the United Kingdom and Ireland and may not be used in any circumstances where the laws of any jurisdiction outside the United Kingdom and Ireland would apply to its use, or the provision of the Services or Products. The Company makes no promise that materials on the Company's website, App, Systems and Online Shop are appropriate or available for use in locations outside the United Kingdom and Ireland and accessing the Company's website, App, Systems and Online Shop from territories where its contents are illegal or unlawful is prohibited. If in contravention of these Terms you access the Company's website, App, Systems and Online Shop from locations outside the United Kingdom and Ireland, you do so on your own initiative and are responsible for compliance with local laws.
18. ABUSIVE USE
The Company reserves the right to deny any person (inclusive of any User) access to the App and/or its Services and Products in the event that the person is abusive or inappropriate to any Practitioner or any employee or agent of the Company. Inappropriate use includes, without limitation: (i) inappropriate, abusive, offensive behaviour or remarks; or (ii) ‘time-wasting’; or (iii) excessive use of a Service or Services in the reasonable opinion of the Company and/or relative to typical usage patterns in the reasonable opinion of the Company. In the event of inappropriate or abusive use, the Company reserves the right to terminate provision of Services or Products and use of the App (including deletion of the User’s account and information) immediately upon notice.
19. SERVICES DESCRIPTION
The Company and its Affiliates attempt to be as accurate as possible in their description of the Services. However, the Company does not warrant that descriptions of services or other content of the App is accurate, complete, reliable, current, or error-free. The Company provides links to other sites and maintains feeds from external data providers over which the Company has no control. The Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
20.1 If any dispute arises in connection with these Terms, the parties will attempt to resolve the dispute between the parties. If the dispute is not resolved within 60 days of the initial notification of a dispute by either party, the parties will attempt to settle it by way of mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation either the Company will give you or you must give us notice in writing ("ADR notice") requesting a mediation. A copy of the request should be sent to CEDR. The mediation will start not later than 60 days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation for a period of 30 days after the mediation has started.
20.2 Following mediation under this clause 20, in the event that any dispute remains unresolved relating in any way to your use of the App, that dispute shall be submitted to confidential arbitration in London or Dublin following the CEDR rules specifying English or Irish law and one arbiter. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
21. APP POLICIES, MODIFICATION, AND SEVERABILITY
21.1 We reserve the right to make changes to our App at any time and, subject to clause 10.3, to withdraw any Service by providing you with reasonable notice.
21.2 If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
22. INFORMATION ABOUT THE COMPANY AND HOW TO CONTACT THE COMPANY
22.1 The Company is a limited company registered in England and Wales. The company registration number is 9229684 and the registered office is at Floor 1, 60 Sloane Avenue, London, SW3 3X. The Company operates the website www.babylonhealth.com. The main trading address of the Company is Floor 2, 6 Salem Road, London W2 4BU.
22.2 If you have any questions or if you have any complaints, please contact the Company. You can contact the Company by telephoning the User service team at 0330 223 1008, or from the Republic of Ireland [
22.3 00353 21 2355755 or by e-mailing the Company at firstname.lastname@example.org.
22.4 If you wish to contact the Company in writing, or if any clause in these Terms requires you to give the Company notice in writing (for example, to cancel the contract), you can send this to the Company by e-mail, by hand, or by pre-paid post to Babylon Healthcare Services Limited at Floor 1, 60 Sloane Avenue, London, SW3 3X. The Company will confirm receipt of this by contacting you in writing. If the Company has to contact you or give you notice in writing, the Company will do so by e-mail, by hand, in writing or by pre-paid post to the address you provide to the Company upon agreement by the Company to provide the Services.
23. HOW THE COMPANY MAY USE YOUR PERSONAL INFORMATION
23.1 The Company will use the personal information you provide to the Company to:
(a) provide the Products and Services;
(b) provide to Affiliates of the Company where reasonable or necessary in relation to the provision of the Products and Services, including provision of your information to Practitioners including Nurses, GPs, Specialists, dispensing chemists, partner pathology (testing) providers, and suppliers or subcontractors used in relation to the Online Shop;
(c) process your payment for such Products and Services;
(d) review and enhance the quality of the Services, including monitoring compliance with clinical care standards;
(e) comply with reasonable requests by regulatory bodies including the General Medical Council, or as otherwise required by law or regulation;
(f) where you request it or have otherwise consented, provide it to your insurance company(y/ies) who may contribute to the cost of the Products or Services you request to use;
(g) provide information to your other healthcare providers; or
(h) the detection of fraud.
23.4 If you elect to pre-authorise a treatment via an insurance company, you acknowledge and agree that it may be necessary to provide access to your contact, personal, medical, treatment, outcomes or other information, to your insurer to facilitate your request and the insurer’s quality control and clinical practice requirements. Alternatively, the insurer may contact you with a separate consent form, requesting that you allow them to request information from us relating to your claim.
23.5 The Company retains the right to use anonymised data for purposes including (without limitation) research.
23.6 The Company uses a third party to process payments and refunds. We do not store your credit card details. Credit card details are stored securely with a third party in the eventuality of payment being required for future purchases or shortfalls in payments by insurers.
23.7 Authorised members of the Company’s clinical team may utilise consultation recordings for audit and quality monitoring purposes.
24. OTHER IMPORTANT TERMS
24.1 The Company may transfer its rights and obligations under these Terms to another organisation, and the Company will always notify you in writing if this happens, but this will not affect your rights or the Company's obligations under these Terms.
24.2 You may only transfer your rights or your obligations under these Terms to another person if the Company agrees in writing.
24.3 Notwithstanding that this contract has a number of Schedules which may apply to one or more of the particular Services or Products supplied by the Company, they are one set of terms and may only be accepted or declined in full.
24.4 The Terms are the terms of the contract between you and the Company. No other person shall have any rights to enforce any of the Terms. The Company may enforce the Terms on behalf of Affiliates.
24.5 If an Affiliate which is a third party provides a Service or Product through the App, such third party may apply its terms and conditions to the Service or Product provided by it and such terms and conditions will form the basis of a contract between you and the third party.
24.6 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
24.7 If the Company fails to insist that you perform any of your obligations under these Terms, or if the Company does not enforce its rights against you, or if the Company delays in doing so, that will not mean that the Company has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Company does waive a default by you, the Company will only do so in writing, and that will not mean that the Company will automatically waive any later default by you.
24.8 These Terms are governed by English law. You and the Company both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in the Republic of Ireland, you may also bring proceedings in the Republic or Ireland.
ANNEX – JERSEY TERMS AND CONDITIONS
The variations set out in this Annex apply to Jersey resident Users only. Subject as set out in this Annex, the Terms shall continue in full force and effect in all respects.
1. PRICE AND PAYMENT
1.1 Clause 6 shall be amended in its entirety to read as follows:
“6.1 The price of the Services or Products will be made available by the Practitioner’s surgery or practice, or by the Practitioner, prior to the consultation and by undertaking a consultation the User consents to pay such price(s). The User acknowledges that the User, and not the Company, is responsible for any payments due following a Consultation with a Practitioner or any other person or body.
6.2 You authorise the Practitioner and/or Practitioner’s Practice to apply to the Jersey Social Security department or equivalent body to receive payments or part-payments towards consultations that you undertake through the App.
2. INTERNATIONAL USE
Clause 17 shall be amended in its entirety to read as follows:
“The App may only be used from within the United Kingdom, Ireland and/or Jersey, and may not be used in any circumstances where the law of any jurisdiction outside the United Kingdom, Ireland and/or Jersey would apply to its use, or the provision of the Services or Products. For the avoidance of doubt, Services and Products will only be delivered in or from within the United Kingdom, Ireland and/or Jersey. The Company makes no promise that materials on the Company's website, App, Systems and Online Shop are appropriate or available for use in locations outside the United Kingdom, Ireland and/or Jersey, and accessing the Company's website, App, Systems and Online Shop from territories where its contents are illegal or unlawful is prohibited. If in contravention of these Terms you access the Company's website, App, Systems and Online Shop from locations outside the United Kingdom, Ireland and/or Jersey, you do so on your own initiative and are responsible for compliance with local laws.”
3. HOW THE COMPANY MAY USE YOUR PERSONAL INFORMATION
3.1 The following Clause shall be added as a new Clause 23.8 of the Terms:
“23.8 Practitioners’ surgeries or practices may provide information to the department of Social Security for the purpose of authorising payments.”
4. OTHER IMPORTANT TERMS
4.1 Clause 24.7 shall be amended in its entirety to read as follows:
“24.7 These Terms are governed by English law. You and the Company both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Jersey, you may also bring proceedings in Jersey, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.”
5. SCHEDULE 1
5.1 Clause 1.1 of Schedule 1 shall be deleted in its entirety and replaced with the following:
“1.1 Consultations are carried out by independent Practitioners who are not employees, officers, consultants or other affiliates of the Company and the definition of Affiliates shall be construed accordingly. The Company makes no representation or guarantee in relation to, and is not responsible for, the qualifications of any Practitioner or the suitability of any Practitioner.”
5.2 Clause 1.2 of Schedule 1 shall be deleted in its entirety and replaced with the following:
“1.2 Consultations are subject to Practitioner availability, over which the Company has no control.”
5.3 Clause 3.1(a) of Schedule 1 shall be amended in its entirety to read as follows:
“(a) to provide a professional and transparent service that complies with General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as interpreted by the Care Quality Commission and/or the Health and Social Services Department of the States of Jersey (or other applicable or successor body), and clinical best practice in the UK and / or Jersey;”
6. SCHEDULE 4
6.1 Clauses 1, 2 and 3 of Schedule 4 shall be deleted in their entirety and replaced with the following:
“1.1 Practitioners may from time to time provide prescriptions for medication. The User acknowledges that they are solely responsible for arranging to receive prescription medication and paying for such medication on such Terms that the User agrees with the third party that dispenses the medication.”
7. SCHEDULE 5
7.1 Schedule 5 shall be deleted in its entirety and replaced with the following:
“TESTING PATHOLOGY SERVICES
“1.3 Certain Practitioners may provide referrals for diagnostic tests following a consultation. The User acknowledges that they are solely responsible for arranging, undertaking and paying for such tests, if they choose to undertake them.”
SCHEDULE 1 - CONSULTATIONS TERMS AND CONDITIONS (COVERING VIDEO, AUDIO AND TEXT CONSULTATIONS)
1. NATURE OF ADVICE GIVEN VIA THE SERVICES AND RELIANCE
1.1 Certain Practitioners are employed by the Company and other Practitioners are independent third parties. The Company has taken reasonable steps to verify the identity of Practitioners against their regulatory body’s database of members and in the normal course of events will use reasonable efforts to verify certain background information about a Practitioner. However, the Company makes no representation or guarantee in relation to, and is not responsible for, the qualifications of any Practitioner or the suitability of any Practitioner that is not an employee of the Company.
1.2 Consultations are subject to Practitioner availability. When you place an order for a consultation with a Practitioner, the Company shall use reasonable efforts to offer a consultation within a reasonable period of time, but the Company does not guarantee to offer a consultation within a particular time frame.
1.3 By using a text, audio and/or video consultation, you consent to the use of a remote service.
1.4 You acknowledge that while the Company takes all reasonable precautions, due to the nature of electronic communications the security of a remote interaction cannot be guaranteed.
1.5 You understand and agree that consultations with GPs and Nurses may be limited to 10 minutes in duration and that consultations with Specialist may be limited to 20 minutes in duration.
1.6 Advice, information or other communications given or made remotely by audio or video are by their nature limited relative to a face-to-face consultation. A non-face to face consultation may therefore not be sufficient in certain circumstances and Users should be aware of, and by using the Company’s App and any other facility are deemed to have accepted, those limitations. In particular, a non-face to face consultation is unlikely to be appropriate or sufficient in circumstances of: (i) emergency, (ii) urgency, (iii) where a physical examination is likely to be required, (iv) where physical intervention is likely to be required, or (v) where the problem, issue or information required is not suited to remote communication.
1.7 It is the responsibility of the User to evaluate whether any advice received via the Services is suitable or sufficient for the User’s needs, to what extent the User should rely upon it and whether the User should seek the assistance of their GP, other medical practitioner or emergency services.
1.8 If, following use of the App, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilise the emergency services as applicable.
1.9 You acknowledge and agree that when using the Company’s “Ask A Question” (also known as “Ask”) Service, which may from time to time enable you to send a textual question to a Practitioner: (i) the Company makes no guarantee, warranty or undertaking regarding the timeframe within which you should expect to receive a reply, if at all; (ii) any replies are for general informational purposes only; replies are not intended and may not be treated as personalised health advice for the User; and (iii) follow-up questions from the User may not receive a reply.
2. AMENDMENT OF THE TERMS
A User may separately agree terms and conditions with a Practitioner in relation to the Terms upon which that Practitioner is willing to provide services to the User. If that is the case, such agreement shall not affect these terms to the extent they apply to the relationship between the User and the Company.
3. COMMITMENT TO YOU
3.1 Each of our Practitioners who is a GP has committed:
(a) to provide a professional and transparent service that complies with (i) the General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as interpreted by the Care Quality Commission and clinical best practice in the UK; or (ii) the Medical Council Guide to Professional Conduct and Ethics for Registered Medical Practitioners, Seventh Edition 2009, and clinical best practice in Ireland;
(b) to volunteer where requested their name and General Medical Council / Irish Medical Council professional registration number when prescribing medicines and communicating with patients;
(c) to prescribe medicines only when in their professional judgment it is in the patient's best interests to receive the medicine being requested and, accordingly, to refuse to prescribe medicines when they believe it is not in the patient's best interests to receive medicines without the benefit of a face to face consultation; and
(d) to take all reasonable steps to protect patients' personal information.
SCHEDULE 2 – ADDITIONAL TERMS IN RELATION TO THE END USER LICENCE FOR THE APP
Operating system requirements This App requires an iPhone version 4 or more recent, running iOS 6 or higher, or an Android smartphone running Android v4.2 or more recent, and a consistent 3G (or faster) data connection. For the avoidance of doubt, GPRS or EDGE connections are not suitable ("Devices").
We recommend that if you are using a wireless network to access the App, you avoid use of public wi-fi facilities in favour of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements.
1.1 If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this end user licence.
1.2 From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.3 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.4 Certain Services, including Prescriptions, may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on your device. If you use these Services, you consent to us and our Affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your device.
1.5 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. PURPOSE OF APP
2.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
2.2 The App is not a medical device. While certain information controlled, generated by, displayed within or stored in the App (including, without limitation, by the ‘Monitor Me feature) may be helpful in providing warning of certain medical or health conditions or circumstances, the App is not designed, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition. No responsibility is accepted in this regard by the Company or any of its Affiliates.
SCHEDULE 3 – ADDITIONAL TERMS AND CONDITIONS FOR THE PLACING OF PURCHASE INSTRUCTIONS THROUGH THE ONLINE SHOP
1.1 For the avoidance of doubt, any reference to ‘Product’ in this Schedule shall refer to products that are not prescription items or pathology tests as described in Schedules 4 or 5, and which are ordered via the Online Shop feature within the App.
1.2 The images of the Products on our App are for illustrative purposes only. Although we have made reasonable efforts to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
1.3 The packaging of the Products may vary from that shown on images on our site.
1.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will refund your payment promptly.
2. CONSUMER RIGHTS
2.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old, or if you are between the ages of 16 and 18 using a credit card belonging to a parent, legal guardian or other adult with their express permission.
2.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available in the United Kingdom from your local Citizens' Advice Bureau or Trading Standards office or in the Republic of Ireland from your local Citizens' Information Centre. Nothing in these Terms will affect these statutory rights.
2.3 Products are supplied to you via a third party supplier. We do not receive any fee, commission or other remuneration for placing an order on your behalf for these Products following receipt from you of a purchase instruction. By purchasing these Products no contract of sale, retail or other commercial arrangement is created between you and us. When purchasing such Products we act solely as your agent on your behalf to place the order with the third party supplier, who will then deliver the Product/s direct to you and under their own terms and conditions of supply. Any legal rights as set out in paragraph 2.2 of this Schedule shall apply in respect of the third party supplier only so far as they relate to a contract for the sale of goods.
2.4 We shall not be held liable for any Product purchased via a third party supplier and you shall indemnify and hold us harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, you as a result of or in connection with purchase of any Product via a third party supplier.
2.5 Where any dispute or any other claim arises in respect of any purchase of Product via a third party supplier and any expense or other relevant cost is incurred by us in respect of such dispute or claim you shall indemnify and reimburse us in full for any such expense or cost.
3. PLACING A PURCHASE INSTRUCTION WITH US
3.1 After you place a purchase instruction, you will receive a confirmation from us acknowledging that we have received your instruction. However, please note that this does not mean that your instruction or an “order” has been accepted. We will in turn, on your behalf and acting as your agent, place in your name an order for the Product requested through a third party supplier. When placing an order for a product through a third party supplier you authorise us to accept the terms of conditions of the third party supplier on your behalf. You will then in turn receive (either directly from the third party supplier, or via the Company acting as your agent) an acceptance in writing from the third party supplier if that order is accepted which will form the basis of the contract between you and the third party supplier in relation to the supply of the relevant Products. (Please note that no contract in respect of delivery or sale of the relevant Products is concluded between you and us. We act on your behalf as a conduit to place with third party suppliers the order you made through our App).
3.2 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our App, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
3.3 In general and unless otherwise agreed, we will take payment from you by credit or debit card at the time you place a purchase instruction and we will then make the relevant payment on your behalf to the third party supplier. If any refund becomes due from the third party supplier then that refund may therefore be made to us in which case we will use all reasonable endeavours to refund that money promptly to you following receipt by us.
4.Republic of Ireland
4.1 You cannot place orders for Products through the Online Shop from the Republic of Ireland.
SCHEDULE 4 – ADDITIONAL TERMS IN RELATION TO PRESCRIPTIONS
1. PRESCRIBING DOCTORS
1.1 In the United Kingdom, Services are provided by qualified doctors registered with the UK’s General Medical Council who are permitted to prescribe medicines without meeting the patient face to face. The registration numbers with the General Medical Council of each doctor who is or was in the past registered with this service to provide prescriptions can be supplied upon request to the Company. All doctors who have signed up to provide prescriptions through the Company’s systems have undertaken to comply with the General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as enforced by the Care Quality Commission and copies of these can be found at http://www.cqc.org.uk.
1.1 In the Republic of Ireland, Services are provided by qualified doctors registered with the Medical Council of Ireland (IMC) who are permitted to prescribe medicines without meeting the patient face to face. The registration numbers with the Medical Council of each doctor who is or was in the past registered with this service to provide prescriptions can be supplied upon request to the Company. All doctors who have signed up to provide prescriptions through the Company’s systems have undertaken to comply with the Medical Council Guide to Professional Conduct and Ethics for Registered Medical Practitioners Seventh Edition 2009 and clinical best practice in Ireland. Copies of the Guide to Professional Conduct and Ethics for Registered Medical Practitioners can be found at http://www.medicalcouncil.ie.
2. COLLECTION OR DELIVERY OF PRESCRIPTIONS
2.1 From time to time, and subject to a range of factors including (without limitation) the nature of the items specified in a prescription and the availability of Affiliates, the App may enable you to: (i) request that a prescription be sent to your address, for you to fulfil at a pharmacy; (ii) request that the Company sends your prescription to a pharmacy near to you, for you to collect and fulfil during normal opening hours; or (iii) in the United Kingdom only request that one of our Affiliates fulfil the prescription and mail the prescribed articles to you.
2.2 If you choose to collect your own prescribed medication and to have the prescription sent to your address, the Company will use reasonable efforts to send to your address a prescription which should be acceptable in a recognised pharmacy.
2.3 If you choose to have your prescription sent to a pharmacy that is near to your location, to enable you to request the applicable medication at that pharmacy, the Company will use reasonable efforts to determine an appropriate pharmacy in the vicinity based on the location of your mobile device and will send to that pharmacy a prescription and will notify you of the address of the pharmacy.
2.4 Please note that the Company will use reasonable efforts to deliver the prescription to your device or to a nearby pharmacy promptly but that the Company is not connected with and has no control over or responsibility for any individual pharmacy, their policies in relation to acceptance or otherwise of prescriptions, opening hours or availability. There are a number of factors which may impact on which pharmacy is chosen and there can be no guarantee that a pharmacy to which the prescription is delivered (if that option is chosen) will be the nearest pharmacy.
2.5 If, within the App, you choose to order your prescription medication for delivery to you, it will be despatched by our Affiliate dispensing chemist. The terms of delivery shall be as follows:
(a) we will use reasonable endeavours to procure the processing and despatch of your prescription within 4 business days where the medication is in stock;
(b) the delivery time following despatch should typically not exceed 3 business days but please note that in relation to delivery to remote locations that delivery time could be longer;
(c) prices and delivery fees are displayed within the App at the time of the order;
(d) delivery will be either by express delivery or refrigerated express delivery depending on the item;
(e) medications are personal to the person for whom they are intended and therefore may not be returned and no refunds will be given for medications ordered once the order is placed;
(f) orders may be subject to a minimum price as displayed in the App;
(g) our Affiliate dispensing chemist and/or the Company may at its discretion refuse to fulfil an order where it considers the order not to be in the best interests of the person for whom it is intended or who has ordered it or may be illegal or contrary to any regulation or guideline;
(h) third party despatch companies will be used to deliver any orders and neither the Company nor the dispensing chemist are liable for any error or delay of the despatch company; and
(i) if no one is available to take delivery of the order when delivery is first attempted, there may be a delay in delivery, and/or the recipient may have to follow the procedures of the relevant despatch company in order to collect the order, including picking it up from a depot.
You cannot order prescription medication for delivery to you in the Republic of Ireland.
3. THE COMPANY’S RELATIONSHIP WITH THE DISPENSING PHARMACY
3.1 From time to time the Company has arrangements in place with Affiliate dispensing chemist/s in relation to orders placed through the for the fulfilment of prescriptions and associated delivery of medication. The dispensing chemist is a separate entity from the Company and to the extent permitted by law the Company disclaims any liability for any acts or omissions of the dispensing chemist. From time to time the Company may enter into arrangements with other dispensing chemists.
4. Republic of Ireland
4.1 You cannot place orders through the App for the fulfilment of prescriptions and associated delivery of medication in the mail to you in the Republic of Ireland.
SCHEDULE 5 – TESTING (PATHOLOGY) SERVICES
1. PARTNER LABORATORY
1.1 All testing (pathology) Services ordered through the App will be provided in conjunction with an Affiliate laboratory with which the Company has entered into arrangements for those Services.
1.2 From time to time the Company may have arrangements in place with Affiliate laboratories that provide testing Services in relation to orders placed through the App. The Affiliate laboratory is a separate entity from the Company and to the extent permitted by law the Company disclaims any liability for any acts or omissions of the partner laboratory.
1.3 By ordering any testing Services, you agree to comply with any instructions provided in relation to the testing Services including (without limitation) in relation to the booking and administration of tests, receipt and provision of test materials and samples (including delivery by post or attendance in person at test facilities) and payment.
2. ORDERING TESTING SERVICES
2.1 Subject to Clause 2.2 below, in relation to the supply of testing Services, from time to time and subject to a range of factors including (without limitation) the nature of the relevant test, your location and the availability of Affiliates, the App may enable you to: (i) request the despatch, by post, of a test to be administered (self-collected) by you and returned to the laboratory by post, with the results then analysed, sent to the Company and delivered to you through the App; or (ii) arrange an appointment to attend a testing centre for the test to be undertaken, the results to be sent to the Company and delivered to you through the App; or (iii) contact a testing centre, to enable you to arrange to undertake a test independently and have the results sent to the Company to be delivered through the App; or (iv) request, at your address, the attendance of a Nurse who will visit you to administer the test (a ‘Nurse Call-Out’), (this Service is only available within the M25 London, encircled area at present) after which the results will be analysed and delivered to you through the App. Depending upon the type of test and other factors, one or more of these options may not be available and, for the avoidance of doubt, the Company does not guarantee to provide a testing Service.
2.2 You understand and acknowledge that prior to test results being made available to you within the App, you may be requested to undertake and pay for an additional consultation with a Practitioner.
2.3 The prices will be displayed within the App and you agree to those at the time of ordering. Certain pathology Services – for example, if you elect to contact a testing centre to undertake a test independently - may incur charges in addition to those listed in the App and you acknowledge and agree that such additional fees as required may be payable.
2.4 If, within the App, you choose to order your test for delivery to you and administration (self-collection) by you, it will be despatched by our Affiliate laboratory. The terms of delivery shall be as follows:
(a) we will use reasonable endeavours to procure the processing and despatch of your test within 3 business days where the test is in stock;
(b) the delivery time following despatch should typically not exceed 3 business days but please note that in relation to delivery to remote locations that delivery time could be longer;
(c) prices and delivery fees are displayed within the App at the time of the order;
(d) delivery will be either by express delivery or refrigerated express delivery, depending on the test;
(e) tests are personal to the person for whom they are intended and therefore may not be returned and no refunds will be given for tests ordered once the order is placed;
(f) orders may be subject to a minimum price as displayed in the App;
(g) our Affiliate laboratory and/or the Company may at its discretion refuse to fulfil an order where it considers the order not to be in the best interests of the person for whom it is intended or who has ordered it or may be illegal or contrary to any regulation or guideline;
(h) third party despatch companies will be used to deliver any orders and neither the Company nor the laboratory are liable for any error or delay of the despatch company; and
(i) if no one is available to take delivery of the order when delivery is first attempted, there may be a delay in delivery, and/or the recipient may have to follow the procedures of the relevant despatch company in order to collect the order, including picking it up from a depot.
2.5 Processing time for a returned test will vary depending on the test but the Company will use reasonable endeavours to procure that the laboratory analyses the test and returns results within 14 business days. Results will be delivered to you through the App and you explicitly consent to that by ordering through the App.
2.6 Tests to be administered at a drop in testing centre will be subject to the terms and conditions of that centre and the opening hours of that centre.
2.7 If a Nurse Call Out (as defined in clause 2.1) is ordered, the Company will use reasonable efforts to procure that a Nurse is available to attend at an agreed time within 10 business days and paragraphs 2.3(e), (f), (g), (h), and (i), shall also (without limitation) apply.
2.8 If, per clause 2.1, you elect to arrange an appointment to attend a testing centre for the test to be undertaken, or to contact a testing centre to enable you to arrange to undertake a test independently, then the Company shall use reasonable efforts to assist you but the Company cannot guarantee the availability of the Services from its Affiliates and shall not be liable for any acts or omissions of the Affiliate(s).
2.9 The Company will use reasonable efforts to process any orders for testing Services within 2 business days and the time limits set out above start running from the end of that processing period.
2.10 It may not be appropriate for some tests to be self administered, in which case they may not be available for delivery and must be conducted by a registered medical practitioner or Nurse.
3. Republic of Ireland
3.1 You cannot order testing (pathology) Services through the babylon app from the Republic of Ireland. If tests are required, the babylon GP with advise and will refer the patient to their own GP to manage the pathology request.
SCHEDULE 6 – MONITOR ME
1. PERMITTED USE
1.1 The purpose of the Monitor Me part of the App is to display data resulting from clinical investigation, other clinical data and other fitness and wellness related data regarding you.
1.2 Data may be inputted into Monitor Me: (i) manually by the User, (ii) through third party devices or data streams which connect with the App, and (iii) via data received from or inputted via other parts of the App, for example as a result of undertaking a test, prescription or a consultation. Please note that Monitor Me provides for the display of data only, is limited to the receipt of data from the above sources, does not provide diagnostic or other advice or recommendations and does not provide a complete or up to date record of your health at any given time.
1.3 It is your responsibility to update the data stored in Monitor Me and to ensure that it is current and up to date. The Company does not accept any responsibility to update or monitor the data in any User’s account nor does it accept responsibility for ensuring that all activity through the App is logged in Monitor Me.
1.4 Monitor Me may make use of data feeds from third party providers, including third party providers to which you provide access. You acknowledge and agree that available data feeds may vary from time to time, that the Company makes no guarantee that any particular data feed will be available or available at a particular time, that data feeds may require your authorisation in order to be accessible to you via the App, that the Company will have access to and may store data feeds and data to which you authorise access.
1.5 Monitor Me is not a medical device nor should it be used for diagnosis or treatment of any condition. It is intended as an information aid only.
1.6 Monitor Me may display certain information relating to a user derived from data stored for that user (for example, body mass index) and recognised guidelines. You should note however that any such display or information provided is based on generic data and assumptions and is not designed to be and may not be used for personalised advice regarding any particular User or any particular User’s circumstances. It should therefore be treated as a general guide and is not a substitute for personal medical advice or diagnosis. It will in addition be based on a number of assumptions that may or may not be accurate or applicable to any particular User. No responsibility is taken for any action or omission that a User may take based on in connection with or in reliance upon any information shown in Monitor Me.
1.7 The Company reserves the right to delete any Monitor Me account or data display at any time without liability to the User.
2. Republic of Ireland
2.1 Monitor Me is available for use by residents of the Republic of Ireland.