PLEASE READ THESE TERMS AND CONDITIONS & SERVICE LEVEL AGREEMENT CAREFULLY AS THEY COVER THE TERMS AND CONDITIONS ON WHICH HEALTHYA SUPPLY PRODUCTS AND SERVICES TO YOU, WHETHER THESE ARE GOODS, SERVICES OR DIGITAL CONTENT.
PLEASE NOTE: By accessing and using the healthya app, Portals and/or the website www.healthya.co.uk you are accepting and agreeing to be bound by these terms and conditions in full along with any other policies or procedures published by healthya from time to time.
Please read these terms carefully before you access the patient app and/or utilise any of the services. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss.
healthya should not be used in an emergency situation (as defined in clause 4.)
Before you start using the healthya app, please take a read of these T&Cs which set out some important information including what you can expect when you use the healthya app, what is expected of you, and in the event, you have a complaint, and other important aspects of using the app.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are? We are ADDvantage Technologies LTD a company registered in England and Wales. Our company registration number is 10592069 and our registered office is at Clive House, Clive Street, Bolton, Lancashire, United Kingdom, BL1 1ET. The correspondence address is Clive House, Clive Street, Bolton, Lancashire, United Kingdom, BL1 1ET.
- How to contact us. You can contact us by contacting our customer service team at: email@example.com. or at the correspondence address above.
- How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Account: the user account of a Customer on the Portal that holds your personal details and provides access to the Services.
- Consultation: each 10-minute session via the Portal between a Patient and a Practitioner in accordance with clause CONSULTATIONS
- Customer: The person who has instructed AlldayDr to provide the Services as a Patient or on behalf of another individual as the Patient.
- Fair Usage Policy: as defined in clause 22
- Documents: includes but is not limited to prescriptions (clause 9), sick notes (clause 10) and letters (clause 11) as described in clause.
- Emergency: a critical or life-threatening situation as defined in clause 4
- Fulfilment Partner any of the following:
- An independent pharmacy in the UK regulated by the General Pharmaceutical Council;
- A local parcel courier used for the delivery of Documents and medications.
- GMC: General Medical Council
- GP: a registered General Practitioner
- Monthly Subscription Service: as defined in clause 20.1
- NHS: National Health Service
- NHS Patient Care Record: The Customers NHS medical records
- Patient: the person in receipt of professional medical advice from the Practitioner.
- Portal: the interactive online platform (via app/website or howsoever provided from time to time) whereby Patients remotely provide and obtain information and access the Services through any combination of real time streaming video call, chat, email, instant messaging or picture messaging and via the Dashboard.
- Practitioner: a participating qualified general physician or other specified qualified medical professional, such as registered nurses or accredited specialists registered with the General Medical Council, Nursing and Midwifery Council or other appropriate professional register as the case may be, who have committed to provide services in accordance with clinical best practice and applicable professional standards
- Questionnaire: a set of questions provided by healthya to the Customer /Patient (and responded to) via the Portal
- Services: the provision of access to the Portal whereby Patients receive real time Consultation (or Consultations) to gain medical advice and certain supplementary medical services, including: sick notes, prescriptions (including purchasing private prescriptions for certain medication that healthya are able to offer to their Customers after reviewing their answers to the Questionnaire) and letters as set out in clause 6.
- ‘You’ ‘Your’ means the Patient or the Customer (if acting on behalf of a Patient)
The following definitions and rules of interpretation apply in these conditions.
healthya should NOT be used in an Emergency situation, which includes, but is not limited to the following:
- Difficulty breathing.
- Bleeding that cannot be stopped.
- Chest pain.
- Loss of consciousness.
- Acute confused states and fits which are not stopping or.
- Heart attack or stroke.
If you or the person you are assisting is in an Emergency situation you should immediately dial 999 or seek alternative emergency medical services.
5. What we need from you to provide our services
- 5.1 We need some information from or about you so that we can give you the best version of our service. These include:
- Some personal information
- An accurate record of your use of our service, so you only have to register once
- 5.2 We also need you to:
- Let us know if any of our information about you is wrong or out of date
- Make sure that any information you give to us is accurate and in English
6. Technical Requirements
- 6.1 To use healthya you are required to have an active internet connection. Your internet connection should be at least 4.0Mb bandwidth.
- 6.2 The healthya app may be updated from time to time; we recommend that you use the latest version at all times to ensure maximum effectiveness.
- 6.3 To ensure maximum protection we advise using a secured Wi-Fi connection and avoid using public wi-fiWi-Fi connections.
7. ADDVantage Technologies Responsibilities:
- 7.1 Although ADDVantage Technologies makes reasonable efforts to keep the information in the healthya app up to date, ADDVantage Technologies does not make any representation, warranties or guarantees, whether express or implied, that the content in the healthya is accurate, complete, or up to date. Content in the healthya is not intended to be medical advice. It is provided for general information only and must not be used as a substitute for a treatment of any illness or disease.
- 7.2 ADDVantage Technologies does not warrant that the availability of the healthya app will be free from disruptions. Disruptions may be caused by a variety of factors including a) errors/problems with your hardware/equipment, network, software, or errors in the software that is part of a third-party product; b) other circumstances that you are responsible for; c) a virus on your device or other security threat or d) a circumstance outside of our control. Disruptions or errors in the healthya app should be reported without delay to healthya Support Team at firstname.lastname@example.org .
8. Our liabilities:
- 8.1 If we fail to comply with our obligations as set out in these T&Cs, and you are not in breach of any of your obligations, then we will be responsible for any loss or damage you suffer that is a foreseeable result of our breach of these T&Cs or our failure to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time you accepted these T&Cs, both you and we knew it might happen.
- 8.2 Liability is not excluded or limited in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, or for fraud or fraudulent misrepresentation.
- 8.3 The healthya app is provided on an “as is” basis without any warranties.
9. Your Responsibilities
- 9.1 You are responsible for ensuring that all information and contact details provided to us are relevant, correct, and kept up to date. Any changes to information must be reported without delay, by contacting healthya Support Team at email@example.com or calling +44 (0) 208 0166 020.
- 9.2 You are responsible for all actions relating to the use of your account in the healthya app and shall ensure that your account is used in accordance with these T&Cs. Your account may only be used by you and may not be used by, or transferred to, another person. The only exception to this rule is legal guardians who may use their own account on behalf of a child, provided that the child is between the ages of 2 and 16.
- 9.3 If you know or suspect that anyone other than yourself has obtained access to your account, you must promptly notify healthya Support Team at firstname.lastname@example.org or calling +44 (0) 208 0166 020.
- 9.4 You must not (i) misuse the healthya app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; (ii) attempt to gain unauthorised access to the healthya app, the server on which the healthya app is stored, or any server, computer or database connected to the healthya app; or (iii) attack the healthya app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the healthya app will cease immediately.
- 9.5 If you are a resident of the United Kingdom, then you are permitted to use the healthya app If you are outside of the UK, but it is then your responsibility to ensure whether this is in accordance with the laws of the country where you are located. We provide our services in accordance with English laws and regulations and cannot guarantee that this will comply with the rules of the country where you are located. If you are not a resident of the United Kingdom, then you must be in United Kingdom at the time of your Medical Consultation.
10. Intellectual Property Rights:
- 10.1 We own or have a license to use, all intellectual property rights (including copyright, trademarks etc.) in the healthya app, our services, and their content (“IPR”).
- 10.2 We agree to grant you a limited license to access and make personal use of the healthya app. You must not use our IPR in any other manner, which includes, but is not limited to, copying, distributing, or making commercial use of our IPR.</
- 10.3 You must not reproduce, duplicate, copy, sell or otherwise commercially exploit the healthya app without our express written consent.
- 10.4 You must not use any of our logos or trademarks without our express written permission.
11. Unauthorised Use and information
- 11.1 We take all forms of unauthorised use of your account and the healthya app in breach of these T&Cs and/or our policy regarding security, ethics, etc. seriously. You are not, among other things, permitted to record any Medical Consultations or take photos or screenshots of the Healthcare Practitioner performing the Medical Consultation. If you breach these T&Cs, or we suspect that your actions will lead to a breach, then we may act against you, including terminating the Medical Consultation and blocking you from the healthya app.
- 11.2 We reserve the right to, with reasonable prior notice to you, remove information from the healthya app, close your account or pursue other measures due to your breach of these T&Cs, to protect the accountability or reputation of the healthya app. We also reserve the right to cancel the agreement between us in accordance with clause 12 below.
- 11.3 If you have breached these T&Cs or used the healthya app in an unlawful or unauthorised manner, you are responsible for compensating us for any damage that results from such actions (including, but not limited to, legal fees and other claims from third parties).
12. Term and Cancellation
- 12.1 We may terminate your access to the healthya app, effective immediately, if you are in breach of these T&Cs. In the event of such a cancellation, your account will be terminated. Information about you that has been stored will be processed as further set out in our Privacy Notice.
- 12.2 If your account has been terminated in accordance with this clause then you must not re-register or register a new account without our express written permission. Please contact healthya Support Team at email@example.com or calling +44 (0) 208 0166 020.
13. Product Development and changes in T&Cs
- 13.1 We reserve the right to change the scope and function of your account and the healthya app. Product and service developments could relate to, although not exclusively, layout, content or functions and may entail alterations to these T&Cs. Such changes will be communicated through the healthya app and/or via email. The T&Cs in force will be available on the healthya app.
- 13.2 Updates to the healthya app will be made available from time to time and you are required to download these to ensure that you can make use of all functionalities within the healthya app and that you have accepted the latest version of these T&Cs. If you decide not to accept the updated version of the app and/or T&Cs, you may be prevented from having a Medical Consultation and this may mean that you will no longer be able to use the service.
- 13.3 The healthya app can only be used on iOS devices running iOS 11 or higher, or Android-enabled phones running Android v6.0 or higher. A consistent 4G or faster data connection (e.g., a fast Wi-Fi connection) is required and the healthya app does not operate reliably on 3G, GPRS or EDGE connections.
14. Inability to deliver the service
- 14.1 We may not be able to provide Medical Consultations or otherwise make the healthya app available to you in the event that circumstances arise which are outside our control, for example a strike, fire, government authority action, labour disputes, accidents, closures, or malfunctions of public communication systems.
- 14.2 In the event that any of the circumstances listed at 13.1 above continues for a period of one (1) month, both you and we will have the right to immediately terminate the agreement between us as set out in these T&Cs.
- 15.1 You must provide us with the email address and phone number for which you wish to receive confirmations, reminders, and other notifications from us. In the event your contact details change, you must notify us of your contact details without delay by updating your details on the app. Other notifications should be communicated via email.
- 15.2 The notification is considered to be delivered if sent by email or text message when delivery to the recipient is confirmed.
16. Isabel Symptom Checker
- 16.1 The healthya app utilise a third party called Isabel Healthcare to provide its symptom checking service. Please note this service is only used an advisory tool and must not be used to clinical assess your condition or receive medical treatment options.
- 16.2 Isabel may provide links to third-party websites. Such hyperlinks are provided for your reference and convenience only. Isabel does not control such third-party websites. Isabel does not recommend and does not endorse the content on any third-party websites. Isabel is not responsible for the content and privacy practices of linked third-party sites framed within Website and does not make any representations or warranties regarding their content or accuracy. The inclusion of such links does not imply any association with the operators of such third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
17. NHS Personal Demographic Service (PDS)
- 17.1 The healthya app utilise the NHS Personal Demographic Service to verify your details against the most up to date NHS data available about you. healthya will only ask you for the following information to conduct the verification:
- First Name
- Last Name
- Date of Birth
- Post Code
- 17.2 The healthya app will then store that information our servers as your current information such as your home address, and NHS number in addition to the information above.
- 17.3 If you believe any information on the PDS are incorrect, please contact the NHS personal demographic service to amend them, as healthya is not responsible for the accuracy of that data.
18. Personal Data
- 19.1 If you have any complaints about the services that we provide or a dispute regarding these T&Cs then please submit your complaint to firstname.lastname@example.org or call +44 (0) 208 0166 020
- 19.2 These T&Cs are subject to the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction to hear any claim arising out of them.
20. General Conditions:
- 20.1 The agreement between you and us, as set out in these T&Cs, is personal to you and may not be transferred by you to another other person without our express written consent. Only you can enforce these T&Cs, although you may be entitled to enforce them in respect of a child who has made use of our services in accordance with these T&Cs.
- 20.2 We reserve the right to employ sub-suppliers to fulfil our rights and obligations under these T&Cs.