Terms and conditions
At babylon, our mission is to make healthcare better and simpler for everyone. Above all, we’re committed to providing you with the highest quality care.
When you use babylon services, our healthcare practitioners serve you from the UK or Republic of Ireland. We are regulated by the UK's Care Quality Commission. Because we're providing UK-regulated healthcare services, we need to explain our services to you in detail in these terms and conditions.
Please read these terms carefully so that you understand them. These terms cover all the services we provide to you through our healthcare app (App) and our website www.babylonhealth.com (Website). You will be asked to accept these terms as part of App registration and when you use our services.
The way we work is simple: we’re here to serve you and will always do the right thing to ensure you have the best possible experience. We hold ourselves to the highest legal and ethical standards and we will never jeopardise your trust in us by failing to live up to these ideals. We value hearing from you so if you have any questions or ideas, don’t hesitate to get in touch by calling 0330 223 1008, or if calling from the Republic of Ireland, 00353 21 2355755 or emailing email@example.com.
There are some important limitations on our obligations set out in these terms. The most important of these are:
- We provide remote health advice and information services. Some conditions are not suitable for remote advice and we recommend that you check our FAQs prior to use of the services which may help you in assessing their suitability in relation to your symptoms (see sections C and L)
- We need certain information from you in order to provide services (see section D)
- We can't take responsibility for laws outside the UK and Republic of Ireland governing access to our services. Some of our services are specifically designed for use in the UK and Republic of Ireland, and if you use them elsewhere you should check in your country or region that it is appropriate and lawful for you to do so (see sections F, I and J)
- The App is not suitable for managing medical emergencies (see section C2)
- The App is not suitable for unrestricted use by persons under 16 (see section G).
We may amend these Terms from time to time as set out in section N. 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 9th November 2016.
These terms include descriptions of each section, in bold text. These descriptions are to help you understand the terms but they are not part of the terms.
A) ABOUT US
About us and our services
We provide healthcare services using the App and our Website. Our services provide healthcare assessments, consultations, information and access to diagnostic tests and kits, and healthcare products.
- Our services are provided using qualified medical professionals (Practitioners) based in the UK and the Republic of Ireland.
- We are Babylon Healthcare Services Limited, a limited company registered in England and Wales (number 9229684) (Company). Our registered office and our principal place of business is 60 Sloane Avenue, London SW3 3DD.
- You can contact us by telephone at 0330 223 1008, in the Republic of Ireland at (353) 21 235 5755 or by email at firstname.lastname@example.org. If you need to write to us or send us a notice under these terms you can do so by email or writing to the above address.
B) OUR PARTNERS
Your relationship with our partners
You may access our services because of your relationship with one of our partners, such as your employer, GP, health insurer or another membership organisation (Partners). If you have a relationship with one of our Partners, some additional terms may apply to your use of our services, which will be provided to you by the Partner from time to time or are as listed below at Z(4) for specified Partners.
C) OUR SERVICES
What our services cover, and what you need to check yourself when you use our services
- We provide our services remotely, using our App and Website and remote communication methods such as email. Our services include:
- remote video and voice consultations with our healthcare professionals;
- the ability to enter questions and symptoms to determine the best course of action for your healthcare needs;
- the ability to ask questions of our healthcare professionals;
- our Monitoring service, which monitors your health (see section K);
- access to healthcare tests, medicines and kits (see sections H, I and J);
- access to your healthcare records
- Some medical conditions are not suitable for remote consultations, and you should always seek advice from a medical practitioner in person if you are unsure about whether you have been able to explain or communicate your medical needs through our services, or if you have any concerns about the advice you receive from us or if it is different from other advice you have received. All services are currently only provided in English.
- You should not use our services in an emergency, or if you have a condition that you know will require a physical examination.
- Except for our remote consultation services, our information services such as our Check a symptom and Ask a question services provide healthcare information and not medical advice. They tell you about health conditions, their possible causes and available treatments. They do not diagnose your own health condition or make recommendations for treatment for you. If you use our information services, we recommend you also seek the advice of a healthcare professional on your treatment, but whether you do so or not is up to you. You shouldn't take or stop taking any action (such as taking medicines) based on information from our services.
- We strongly encourage you to discuss any advice you receive from us with your GP or usual medical practitioner.
- We provide our services using reasonable skill and care from appropriately qualified, and experienced, staff and Practitioners. If you think that our services have not met this standard, please contact us as soon as possible. We will fix or re-perform, without charge, any services we agree do not meet this standard.
- Practitioners are GPs, registered nurses or accredited specialists registered with the General Medical Council (or the Irish Medical Council) or other appropriate professional register, who have committed to provide services in accordance with clinical best practice and applicable professional standards.
- Practitioners will not prescribe medicines unless it is, in their judgement, in their patient's best interests (and may not be able to prescribe medicines on the basis of a remote consultation).
D) WHAT WE NEED FROM YOU IN ORDER TO PROVIDE SERVICES
We can't provide our services without certain information and other things from you
- We can only provide the services in accordance with these terms if you provide us with the information we need in order to help you. You must be careful that:
- any information you give to us or a Practitioner, or enter into the App is accurate and in English;
- if you have any concerns about the services we provide you or any information in the App or the Website, you seek further medical advice from your GP or another medical professional;
- you follow any instructions you are given by Practitioners;
- you follow any instructions regarding the use of any medicines or healthcare products we recommend or prescribe (including in respect of use-by dates);
- you report any adverse or unexpected effects of treatments we recommend to us;
- you keep any medicines we give you securely and do not allow others (especially children) to use them;
- you tell us if any of our information about you is or becomes inaccurate or incomplete;
- you use our services only for yourself, unless you are helping a child further to term G.
- We tailor our services to suit you and rely on an accurate record of your use of services in order to do this. Please do not therefore register more than once for our services.
E) TECHNICAL REQUIREMENTS FOR USING THE APP
The App includes software provided by people other than the Company, and uses certain data that you provide to it in order to work
- The App operates only on iPhone version 4S or higher running iOS 9.3 or higher, or Android-enabled phones running Android v4.2 or higher. It requires a consistent 4G or faster data connection and does not operate reliably on 3G, GPRS or EDGE connections.
- 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. 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.
F) REGULATION OF OUR SERVICES
Accessing our services outside the UK and Republic of Ireland
- Our services are available to any adult (and to children in accordance with section G).
- Our services are provided from facilities in the UK and Republic of Ireland, and regulated by the Care Quality Commission in the UK (whose website is www.cqc.org.uk).
- If you are accessing our services from outside the UK or Republic of Ireland, you should check whether it is lawful to access our services in the territory where you are. We provide our services in compliance with UK and Irish law and regulation, and cannot take responsibility for any differences between those rules and any different rules applying to healthcare services anywhere else.
G) CHILDREN AND OUR SERVICES
Adults can use our services on behalf of children, but children shouldn't use our services themselves
- Our services are for use by adults over the age of 18.
- Young people between 16 and 18 may use our services and open their own account with us, if entitled to by their Partner membership or if an adult has agreed to use of their credit or debit card for the payment of Charges.
- Children under 16 may have an account opened for them by a parent or legal guardian, if it is linked to the parent or guardian's account and if the parent or guardian supervises the child's use of our services at all times.
- We may suspend services or terminate user accounts if we reasonably suspect that they are being used in breach of the restrictions in this Section G.
H) PRODUCT SALES
We provide services which enable your purchase of products from third party sellers working with us
- The App enables your purchase of healthcare and other products (Products) sold by our third party product partners (Suppliers).
- If you use the App to order a Product, our responsibility is to place that order on your behalf with its Supplier. Your contract for supply of a Product is with the Supplier, not with us and the Supplier is responsible for Product sourcing, quality and delivery.
- As part of the Product order process, a Supplier will contact you with the terms and conditions applying to your Product order including your right to cancel.
- Please contact us if you have any issues with your Product order. We will, acting on your behalf, raise these with the Supplier.
- Product images on the App are illustrations and we do not enable the ordering of Products accurately reflecting their colours as shown on the App.
- Where applicable, we will collect payment for your Product order when it is made, but will refund your payment if the Product ordered is not in stock or cannot be supplied. If a Supplier makes a refund of amounts paid by you to us, we will pass that refund to you.
How medicines are prescribed to you
- 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. Prescriptions provided will be private prescriptions unless otherwise stated during consultation by the GP. A private prescription will incur the cost of the medicine(s) prescribed. This price is set by the pharmacy and is independent of any charges set by babylon. The patient is under no obligation to purchase their medicine from any particular pharmacy. The General Medical Council registration number of all babylon doctors, past or present, can be supplied upon request. 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.gmc-uk.org/mobile/14326 and http://www.cqc.org.uk.
- In the Republic of Ireland, services are provided by qualified doctors registered with the Medical Council of Ireland (MCI) who are permitted to prescribe medicines without meeting the patient face to face. The Medical Council of Ireland registration numbers of all babylon doctors, past or present, can be supplied upon request. 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.
- The App may enable you to:
- request that we send your prescription to a pharmacy near to you, for you to collect during normal opening hours; or
- request that a prescription be sent to your home address (this facility is only available in the Republic of Ireland); or
- request that one of our affiliates fulfil the prescription and deliver the prescribed articles to you.
- If you choose to collect your own prescribed medication and to have the prescription sent to your address, we will use reasonable efforts to send to your address a prescription which should be acceptable in a recognised pharmacy.
- If you choose to have your prescription sent to a pharmacy that is near to your location, we will make reasonable attempts to contact that pharmacy and have the prescription sent to the chosen pharmacy within an hour.
- We will use reasonable efforts to deliver the prescription to your device or to a nearby pharmacy promptly but we are not connected with and have no control over or responsibility for any individual pharmacy, their policies in relation to acceptance or otherwise of prescriptions, opening hours, cost or availability of medicines prescribed. 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.
- If, within the App, you choose to order your prescription medication for delivery to you, it will be despatched by our partner dispensing chemist. The terms of delivery are:
- we will use reasonable endeavours to procure the processing and despatch of your prescription within 4 business days where the medication is in stock;
- the delivery time following despatch should typically not exceed 3 business days to the UK mainland but please note that in relation to delivery to remote locations, or internationally, that delivery time could be longer;
- delivery fees are displayed within the App at the time of the order - please note that this does not include the cost of the medication;
- delivery will be within the timescale selected in the app where possible;
- 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;
- set by our partner dispensing chemists, which includes price;
- we or our partner dispensing chemist may 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;
- 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.
- Our partner dispensing chemists are not part of our organisation and, to the extent permitted by law, we disclaim responsibility for their acts and omissions.
J) TESTING SERVICES
How we provide medical testing services
- The App can be used to order certain medical tests (Tests). These services are provided by a partner laboratory with which the Company has entered into arrangements for those services.
- The partner laboratory is a separate entity from us and to the extent permitted by law we disclaim any liability for any acts or omissions of the partner laboratory.
- By ordering any Tests, you agree to comply with any instructions provided in relation to the Tests including 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.
- Subject to a range of factors including (without limitation) the nature of the relevant Test, your location and the availability of laboratories, the App may enable you to:
- 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 us and delivered to you through the App;
- arrange an appointment to attend a Test centre for the Test to be undertaken, the results to be sent to us and delivered to you through the App;
- contact a Test centre, to enable you to arrange to undertake a Test independently and have the results sent to us to be delivered through the App.
- 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.
- 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 Test 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.
- 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 partner laboratory. The terms of delivery shall be as follows:
- we will use reasonable endeavours to procure the processing and despatch of your Test within 3 business days where the Test is in stock;
- 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;
- prices and delivery fees are displayed within the App at the time of the order;
- delivery will be either by express delivery or refrigerated express delivery, depending on the Test;
- 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;
- orders may be subject to a minimum price as displayed in the App;
- we or our partner laboratory may refuse to fulfil an order where we consider 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;
- 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.
- Processing time for a returned Test will vary depending on the Test but we 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.
- Tests to be administered at a drop in Test centre will be subject to the terms and conditions of that centre and the opening hours of that centre.
- If you elect to arrange an appointment to attend a Test centre for the Test to be undertaken, or to contact a Test centre to enable you to arrange to undertake a Test independently, then we shall use reasonable efforts to assist you but cannot guarantee the availability of the services from the Test centre and is not liable for the acts or omissions of the Test centre.
- The Company will use reasonable efforts to process any orders for Test Services within 2 business days and the time limits set out above start running from the end of that processing period.
- 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.
- You cannot order Tests anywhere outside the United Kingdom and the Republic of Ireland.
K) MONITORING SERVICES
What our Monitoring service does, what you can rely on it to provide, and when you shouldn't use it
- The App is able to display data resulting from clinical investigation, other clinical data and other fitness and wellness related data regarding you for monitoring (Monitoring).
- Data may be input into the App for Monitoring:
- manually by you;
- through third party devices or data streams which connect with the App; and
- 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.
- Monitoring enables 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.
- It is your responsibility to update the data stored for Monitoring and to ensure that it is current and up to date. We do not update or monitor the data in your account nor accept responsibility for ensuring that all activity through the App is logged for Monitoring.
- Monitoring 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 we make 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, and that we will have access to and may store data feeds and data to which you authorise access.
- Monitoring services are not a medical device nor should they be used for diagnosis or treatment of any condition. It is intended as an information aid only.
- Monitoring may display certain information relating to you derived from data stored for you (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. 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 you. No responsibility is taken for any action or omission that you may take based on in connection with or in reliance upon any information shown in Monitoring.
L) OTHER LIMITS ON OUR SERVICE
Other limitations and restrictions on the use of services
- We do not guarantee the availability of any particular Practitioner at any particular time. We will do what we can to arrange a consultation with a Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time. Consultations generally are limited to 10 minute durations (with general practitioners and nurses) and 20 minutes (with specialist clinicians).
- If you choose to submit details about your symptoms in the App, the information returned is on the basis of general healthcare information and not as personalised health advice for you. It is important to read the FAQs prior to using the App so that you can assess whether it is suitable to use the services based on your symptoms. Where the information returned recommends that you seek further medical advice, you acknowledge that you are responsible for seeking such advice from your GP or other medical professional.
- Practitioners may hold different clinical opinions on the same medical condition or symptoms and provided these opinions are reasonably held, the fact that two or more Practitioners give different opinions in the course of service provision does not necessarily indicate that our services are defective.
- We do not tolerate abuse or offensive behaviour towards Practitioners.
- Our services are designed to be accessed remotely by any of our customers, and are not designed for non-English speakers, for excessive use (having regard to the typical use pattern for our services in our reasonable opinion), time-wasting (such as unreasonable cancellation of appointments) or inappropriate use.
- We may need to ask you for certain personal information in order to provide our services. If you do not provide this information when requested, we may be unable to provide our services.
- 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.
- 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 ‘Monitoring 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.
- We may suspend your access to services or terminate your account with us if your use of services breaches any of these terms.
M) ACCESSING OUR SERVICES
How to access our services, and limitations and other terms concerning access
- Our services are accessed remotely using the internet, data networks and devices which can access the internet (Infrastructure) and operate the App and our Website. We make the App and our Website available for access using Infrastructure, but are not responsible for Infrastructure ourselves. If you wish to use the services, you should ensure you have an internet-enabled device and a sufficient internet connection available.
- Technical or security threats or issues affecting the Infrastructure may require us to suspend our services in order to ensure they are secure and/or operating optimally. We will minimise these suspensions, but are not responsible to refund charges or compensate you if they occur, unless they exceed 30 days in aggregate in any 12 month period, in which event you may cancel your agreement with us.
- 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.
- We operate anti-virus and malicious software prevention measures on the Website and our App, but we cannot guarantee that our services will always be virus-free. You should ensure that your devices used to access services are protected against viruses and malicious software. You must not use or expose the App or the Website to virus or malicious software contamination.
- You must not attempt to gain unauthorised access to the services, App or Website. Installation of the App on a device that has had its operating system compromised by the process of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and may result in the security of your personal data being compromised.
N) CHANGES TO THESE TERMS
What happens if we change these terms
We may need to change these terms sometimes: for example, when the rules regulating our services change, in order to ensure that our services are secure and your information is safe, or when we update or modify our services or our Charges. If we make a change to these terms we will notify you of the change by email.
O) HOW WE MAY USE YOUR PERSONAL INFORMATION
How we use your information
- We use the personal information you provide to us to:
- provide the App, the Website and our services;
- communicate with Practitioners and our Partners, other medical practitioners, dispensing chemists, partner pathology (testing) providers, and suppliers or subcontractors of Products, where necessary in order to provide our services;
- process your payments to us;
- review and enhance the quality of the services, including monitoring compliance with clinical care standards;
- comply with our obligations to the regulators of our services and Practitioners, including the General Medical Council, the Care Quality Commission and the Medical Council of Ireland, or as otherwise required by law or regulation;
- where you request it or have otherwise consented, provide it to your insurers who may contribute to the cost of the Products or Services you request to use;
- provide information to your other healthcare providers; or
- detect fraud.
- 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.
- We may use anonymised data for purposes including (without limitation) research.
- We use 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.
P) LOCATION DATA AND USE OF THE APP
How the App uses your data
- 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.
- Certain services may make use of location data sent from your 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 our 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.
Q) CONSULTATION RECORDINGS
We record consultations and this explains why
- Authorised members of our clinical team may utilise consultation recordings for audit and quality monitoring purposes.
- We may record consultations, activity and data inputted in the App for the purposes of providing our services, ensuring the quality of the services we provide and giving you access to recordings of your use of services.
- You may view consultation recordings from within the App, for so long as we retain a copy of the same on our secure servers, for your own private purposes (and may show them to any other medical practitioner who is supporting your care).
- Consultation recordings should not be published on social media or any other media sharing platforms. If you breach this term, we may suspend access to the services, terminate your account and may take legal action against you.
LIMITATIONS ON SERVICE PROVISION
Sometimes, you will not be able to receive services – this section explains why
- We may not be able to provide our services if they are affected by events outside our control. We are not responsible to you if this happens, but if it does, we will notify you as soon as we can and take the steps that we reasonably can to minimise the interruption to our services.
- If there is the risk of a delay of more than 2 weeks to service performance, you may cancel your agreement with us (and we may do the same).
S) PRICE AND PAYMENT
How we calculate the price you pay us for our services, and how you pay us
- The price of our services will be set out in the App or on the Website at the time of our commitment to provide services. Our prices may change at any time, but price changes will not affect any services that you have already ordered.
- You are responsible for paying the price for our services (Charges). Charges exclude:
- VAT, where applicable, and unless otherwise stated; and
- reasonable credit card and other processing fees, where these are incurred.
- We will usually charge or invoice you for services at the time you order them. Any amounts charged or invoiced are due and payable upon our invoice being issued unless otherwise specified in these terms or the App.
- You can pay for services using a credit or debit card.
- If you use our services because of your relationship with a Partner, we may invoice you for any Charges in respect of our services which are not paid for by your Partner. You will be notified of these at the time of requesting our services. This may happen if, for example, an insurer enables our services to be provided to you but does not fully fund our charges for service provision, or if a Practitioner recommends additional medical tests after a consultation.
- We 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 us. By providing your insurer’s information through the App you will be deemed to have consented to the above processing but, we will 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. We are not responsible for this pre-authorisation or verification. Insufficient documentation will prevent direct settlements and may result in your being required to pay additional Charges.
- You agree to provide only valid pre-authorisation details and insurance processing requests through the App.
- Subscriptions available within the App are monthly or annual subscriptions (Subscriptions), payable up-front in advance. For your convenience, the per-month price may be displayed.
- Subscriptions will automatically renew and we will take payment at the end of each monthly or annual subscription period (as applicable), unless you cancel the Subscription prior to the end of the relevant subscription period. We may suspend our provision of services if you do not pay any of our Charges on time.
T) OUR LIABILITY TO YOU
Because these terms are part of a binding legal agreement, we must compensate you for loss you suffer if our service doesn't comply with these terms. However, we don't compensate you for all losses. This section is important as it explains those things.
- If we break any of these terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking these terms.
- We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these terms.
- We are responsible for compensating you for personal injury or death caused by our negligence or that of our Practitioners or employees, and for defective products where we are legally responsible for their supply.
- If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content.
- We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our use instructions or advice in these terms.
- We supply the services for private personal use and we are not responsible for any losses you suffer arising out of the use of the services which are business losses.
- We design our services, the App and the Website to keep your personal health data secure and it is important that you follow the use instructions and advice in these terms in order to keep your data safe. We are not liable for loss or unauthorised access to your data where it results from you not following these use instructions and advice.
U) OUR BRAND AND CREATIVE MATERIAL
The basis on which you use our App, Website and services
- We own copyright and other intellectual property rights in the App, Website, our services and their content, including recordings of consultations (babylon IPR).
- You are permitted to use babylon IPR in order to receive our services, store it on your device and print copies of it for your personal use. You may communicate material containing babylon IPR to your GP or another medical practitioner. You are not permitted to copy, distribute or make any business use of babylon IPR. You must not remove or obscure any notices regarding babylon IPR.
- The babylon mark, logo, combined mark and logo and other marks indicated in our App are our 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 of other businesses or our affiliates or Partners.
V) LICENSE AND APP USE
You are allowed to use the App but not copy it or distribute it
- We grant 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 our 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 our express written consent. 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 ours, our Partners or affiliates without our express written permission.
- 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.
- If any open-source software is included in the App, the terms of an open-source licence may override some of the terms set out in this section.
W) CANCELLATION BY YOU
You have certain rights to cancel your agreement with us, which this section explains.
- You may cancel your agreement with us and your Subscription within 14 days of the day on which you receive your first receipt (Cancellation Period). We will refund your subscription fee to you within 14 days from the day on which we receive your cancellation notice provided that, if you use the App to receive the Subscription services within the Cancellation Period and you subsequently choose to cancel the Subscription services within that Cancellation Period, then we may reduce the amount of any refund to recover the cost of:
- any services which we have already begun to perform (such as appointments booked with Practitioners);
- digital products after you have started to download them; or
- products sealed for health reasons, once unsealed.
- You may end your agreement with us:
- if the services are unavailable for reasons outside our control as set out in section R or for technical reasons as set out in section M;
- you do not like a change we propose to make to these terms under section N;
- If we have failed to fix or re-perform services not provided to the standards set out in section C
- If you end your agreement with us under section W2) and you have a Subscription, we will refund the proportion of the Charges you have already paid reflecting the remaining complete months of the Subscription period at the time of your notice.
- If you want to cancel your agreement under this section, you must give us notice by calling us on 0330 223 1008 or email us at email@example.com.
X) CANCELLATION BY US
- We may end your agreement with you:
- If the services are unavailable for reasons outside our control as set out in section R;
- if you do not pay us any Charges on time;
- if you do not comply with the conditions on use of services set out in sections G and H;
- if you break any other term of this agreement and do not make good that break within 7 days of when we ask you.
Y) COMPLAINTS AND DISPUTES
What happens if you have a complaint about our services or disagree with us about anything to do with these terms
- You can always give us feedback on our services by contacting us at firstname.lastname@example.org.
- If you wish to make a formal complaint about our services, you should do so as soon as possible to email@example.com. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.
- Our Practitioners are registered healthcare professionals, and we will handle your complaint in an appropriate way, as we are required by the professional rules applying to our Practitioners and to our services and following our Complaints Procedure.
- We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologise to you.
- If any disagreement between you and us arises in connection with these terms, we will attempt to resolve it by discussing it with you.
- If we have not resolved a disagreement about these terms, or a complaint about our services, either of us can refer the dispute to mediation in accordance with the Centre for Effective Dispute Resolution's independent mediation scheme for patients (see https://www.cedr.com/consumer/healthcare/mediation/introduction).
- You may also submit a disagreement with us for online resolution to the European Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr (or search "odr Europe").
- These Terms are governed by English law. You can make a claim relating to our services in English courts. If you are a resident of Northern Ireland you may also make a claim in Northern Ireland's courts and if you are a resident of Scotland, you make a claim in Scotland's courts. If you are resident in the Republic of Ireland, you may make a claim in the Republic of Ireland's courts.
Z) OTHER IMPORTANT TERMS
Other provisions explaining how we may exercise our rights under these terms
- We may transfer its rights and obligations under these terms to another organisation, but we will always notify you in writing if this happens, and this will not affect your rights under these terms.
- As our services are personalised, you may only transfer your rights or your obligations under these terms to another person if we agree.
- The agreement for our services is between you and us, and no-one else. Only you can enforce that agreement (although a parent or guardian may enforce their agreement on behalf of a person under 18 whose use of our services is allowed under section G).
- You can access the terms and conditions for some of our Partners via the following links: