Terms and Conditions
The following terms and conditions (the "Terms and Conditions") apply to the supply of all services by Anytime Doctor. In the event of an inconsistency between these terms and conditions and the contents of the literature provided by Anytime Doctor to the Patient, these terms and conditions shall prevail. By using this service you are deemed to understand, consent to and agree to be legally bound by these Terms and Conditions. If you do not understand and agree to these terms and conditions you should not use this service.Read more
1. Definitions and Interpretation
- 1.1In these terms and conditions the following words and expressions shall have the meanings respectively set against:
"Doctor" - A general medical practitioner being registered to practise with the General Medical Council;
"General Health Service" - Information, advice, counselling, testing and/or treatment to be procured by Anytime Doctor for a Patient to be performed by a Relevant Practitioner or Laboratory;
"Test Service" - Provision of a home test kit for sample collection supplied by Anytime Doctor;
"Nurse" - A nurse registered to practise by the Nursing and Midwifery Council;
"Laboratory" - A Clinical Pathology Accreditation (CPA) laboratory or another appropriately licensed laboratory;
"Patient" - Any person who has entered or is contemplating entering into a contract for a General Health Service or Test Service from Anytime Doctor;
"Patient's Guide" - The pack of information so called to be provided to Patients by Anytime Doctor;
"Pharmacy" - A General Pharmaceutical Council (GPhC) licensed dispensary;
"Relevant Practitioner" - A Nurse or Doctor or Laboratory (as the case may be);
"Relevant Treatment" - The Test Service or General Health Service booked through Anytime Doctor carried out or to be carried out by a Relevant Practitioner or Laboratory;
"Anytime Doctor" - Anytime Doctor Ltd of 30 Percy Street, London, W1T 2DB and the URL www.anytimedoctor.co.uk with associated pages;
"Anytime Doctor's Complaints Procedure" - Means the complaint procedure referred to in the Patient's Guide.
2. Anytime Doctor's Obligations
- 2.1Anytime Doctor is an Independent Medical Agency ("IMA"), as defined by the Health and Social Care Act 2008, established to assist a Patient in having their personal health information (the "PHI") reviewed by a Relevant Practitioner for the issuance of a valid prescription, and to assist in arranging for fulfilment of the prescription by a licensed dispensary (the "Pharmacy");
- 2.2Anytime Doctor is not a medical office nor a pharmacy nor does Anytime Doctor hold itself out to be so, nor is it qualified to give medical or pharmacy advice. In its provision of Services, Anytime Doctor relies on the advice of the Relevant Practitioner, Pharmacy and the Laboratory;
- 2.3The information contained on Anytime Doctor's website is only for general information and use and are not intended to address the Patient's particular requirements. Any reliance the Patient places upon any material on this website will be at his/her sole risk. In particular, the website information does not constitute any form of advice or recommendation by Anytime Doctor and are not intended to be relied upon by the Patient in making any specific medical or other decision;
- 2.4Anytime Doctor reserves the right to deny Services, or restrict its provision of Services, to the Patient based upon the professional advice of the Relevant Practitioner, Pharmacy or the Laboratory, or at its own discretion;
- 2.5Anytime Doctor may revise and discontinue the Services displayed on the website at any time without prior notice;
- 2.6In providing a Relevant Treatment for a Patient Anytime Doctor shall:
- 2.6.1ensure that a General Health Service is carried out by a Relevant Practitioner;
- 2.6.2provide suitable facilities for the provision of General Health Services by Doctors or Nurses (as the case may be);
- 2.6.3provide the Patient with such information that can be reasonably expected to be necessary for the Patient to understand the nature of the Relevant Treatment being offered and the risks and conditions normally attendant on such Relevant Treatment;
- 2.6.4ensure that the Patient is sent a testing kit for the purposes of sexual health screening or DNA Testing. The sample will be sent by the Patient to our contracted laboratory for the purposes of testing such that the Patient requests as a Test Service.
3. Patient's Obligations
- 3.1The Patient shall be responsible for reading and understanding the Patient's Guide or information literature provided at the URL www.anytimedoctor.co.uk prior to consenting to undergo any Relevant Treatment;
- 3.2The Patient shall to the best of their knowledge be responsible for providing complete, timely and truthful information with no omissions that could be reasonably judged to be required in the provision of a Relevant Treatment;
- 3.3The Patient warrants and undertakes to fill in Anytime Doctor's registration form and consultation questionnaire truthfully and honestly, revealing and disclosing all relevant information truthfully and to the best of his/her knowledge. The Patient warrants that they are over 18 years of age. This Agreement becomes immediately void if the Patient answers any question untruthfully;
- 3.4The Patient understands that any medical consultation performed by a Relevant Practitioner is for the specific purpose of identifying conditions related to the particular General Health Service requested and is not for the purpose of identifying a broader range of potential medical conditions;
- 3.5The Patient agrees that by requesting any Relevant Treatment the Patient has formally given informed consent to a Relevant Practitioner prescribing treatment if necessary and the Patient agrees that sufficient information has been provided as to whether a Relevant Treatment is appropriate;
- 3.6The Patient acknowledges that no test service is 100% accurate and that no treatment is guaranteed to treat the condition for which it is prescribed;
- 3.7The Patient acknowledges that where the price of a General Health Service includes one course of treatment, one course of treatment may not be sufficient to cure or manage the condition in question and that the Patient may have to pay for a further course of treatment from Anytime Doctor if the first course of treatment is not effective;
- 3.8The Patient agrees that any prescribed treatment from a Relevant Practitioner will be solely for their own personal use;
- 3.9The Patient agrees that if a Relevant Practitioner prescribes treatment and the Patient is uncertain as to how to take the treatment the Patient will contact a Relevant Practitioner via their Patient Record held by Anytime Doctor and will wait for a response from a Relevant Practitioner before taking the prescribed treatment;
- 3.10The Patient agrees that if they experience any noticeable side-effects from a prescribed treatment by a Relevant Practitioner, the Patient will contact a Relevant Practitioner via their Patient Record held by Anytime Doctor to allow the Relevant Practitioner to fulfil a duty of after-care and to allow the Relevant Practitioner to monitor the effectiveness of all General Health Services given;
- 3.11The Patient agrees that Anytime Doctor has advised all Patients that it is preferable to inform their General Practitioner (GP) of any General Health Service undertaken and that if the Patient requests Anytime Doctor will inform the Patient's GP;
- 3.12The Patient agrees not to share their Anytime Doctor online login and password with anyone. The Patient will take all reasonable steps to ensure that a third party does not gain access to their Anytime Doctor online account;
- 3.13The Patient agrees not to create more than one Anytime Doctor online account;
- 3.14"Sample", "DNA Sample" or "Paternity Sample" shall mean mouth swab or any other biological sample accepted by the Laboratory for DNA Analysis. "DNA Paternity testing" and "DNA Paternity analysis" shall refer to any type of relationship analysis and shall be carried out using whatever genetic test (or tests) deemed necessary by the Laboratory;
- 3.15The Laboratory will only conduct the requested DNA analysis on receipt of a completed order form. In addition the samples received must be in the sealed envelopes countersigned by the applicant indicating that they have personally collected the samples and these have not been contaminated;
- 3.16The Patient confirms that they are legally entitled to possession of the samples supplied to the Laboratory. The Patient accepts to cover Anytime Doctor Limited for any loss or damage that we may suffer as a result of the samples not having been obtained legally. Patients should, if in any doubt, seek independent legal advice about their entitlement to obtain samples before doing so;
- 3.17Submission of a sample with a completed order form constitutes Test service and authorises the Laboratory to commence the testing process and incur the associated fee. If after submission of same an order is cancelled, the fee is non refundable.
- 4.1The prices for the Services shall be as set forth on Anytime Doctor's website as at the time of acceptance of an order by Anytime Doctor, and shall be subject to change without further notice. Credit terms are at the discretion and as specified by Anytime Doctor, and unless otherwise specified in writing, payment must be received by Anytime Doctor prior to acceptance of an order. The Patient agrees to pay interest on all amounts past due at a rate of 15 per cent per annum. Payments for Relevant Treatments are currently exempt from VAT, but all sums payable to Anytime Doctor, unless otherwise stated, are exclusive of any VAT and other duties or taxes that may from time to time be payable;
- 4.2The Consumer Protection (Distance Selling) Regulations 2000 state that in the supply of goods that cannot be used again there is no right to cancel. All Anytime Doctor services are personalised and thus there is no right to cancel. However, Anytime Doctor will offer a full refund to customers who wish to cancel their online orders before an order is shipped.
5. Relationship with Relevant Practitioner
- 5.1Anytime Doctor accepts no responsibility for matters which are within the professional responsibility of the Doctor, Nurse or Laboratory;
- 5.2All Doctors, Nurses and Laboratories are independent contractors and are not employed by Anytime Doctor. Anytime Doctor shall satisfy itself that:
- 5.2.1The Relevant Practitioner is insured against claims for professional negligence on terms that Anytime Doctor considers are normal given prevailing market conditions at the relevant time with either the Medical Defence Union, the Medical Protection Society or another appropriate Medical Defence or Insurance Organisation; and
- 5.2.2The Relevant Practitioner holds the necessary qualifications and registration; Without prejudice to the generality of 5.1 above the Doctor or Nurse is solely responsible for deciding whether or not the Patient is suitable for the Relevant Treatment.
- In the event that the Patient is unhappy with any aspect of the service provided, the complaint should be made as soon as possible to the Clinic Management. If they are unable to resolve the complaint to the reasonable satisfaction of the Patient, Anytime Doctor's Complaints Procedure shall apply.
7. Intellectual Property Matters
- 7.1All material contained and presented on this website, including but not limited to text and graphics, is exclusively owned by and copyrighted by Anytime Doctor, unless otherwise expressly stated to the contrary;
- 7.2Anytime Doctor reserves the right in its sole discretion, but without any obligation, to make amendments or improvements to, or withdraw or correct any error or omission in any portion of the material without notice.
- Delivery of all medication to the Patient takes place when the product leaves the Pharmacy. After delivery, the Pharmacy will, as attorney and agent for the Patient, arrange for shipping of the product to the Patient's given address. Normally, the Patient's product shipment takes less than 7 days to arrive. Anytime Doctor is not liable for any damage to the Patient due to delay in shipment or failure of the product to arrive within 7 days.
9. General Provisions
- 9.1The Services of Anytime Doctor and the Relevant Practitioner are intended to be supplemental to and not a substitute for a face-to-face doctor-patient relationship with your primary care physician;
- 9.2The invalidity or unenforceability of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable;
- 9.3Anytime Doctor shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested products, mail delays, customs delays, lost shipments. Anytime Doctor shall not be responsible of notifying the Patient in the event of such delays. The Patient shall be solely responsible to make other arrangements to purchase alternative services and any costs incurred in connection with such services;
- 9.4The Patient agrees that these Terms and Conditions, and any document incorporated by reference or referred to herein, constitute the entire agreement between the Patient, Anytime Doctor, and the Pharmacy pertaining to the subject-matter of these Terms and Conditions, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the Patient, Anytime Doctor, and the Pharmacy. In the event of a conflict between these Terms and Conditions and any of the documents incorporated by reference or referred to herein, these Terms and Conditions shall govern;
- 9.5By placing an order with Anytime Doctor, the Patient has read and understands the terms and conditions as set out herein. The Patient represents that he/she consents to the Terms and Conditions, and does so with full knowledge and without undue influence or duress. The Patient acknowledges that the Terms and Conditions are readily accessible on a 24-hour basis from Anytime Doctor's website and shall be provided to the Patient in hard copy format upon request at any time. The Patient acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms and Conditions;
- 9.6The test report for testing services is provided solely for the information of the patient and is not deemed admissible as evidence in a court of law. If it is intended that the tests are to be used in any court proceedings you should obtain independent legal advice before seeking a DNA test and ensure that Anytime Doctor Limited are informed prior to commissioning the test.
- 10.1The information contained on this website is provided on an "AS IS" basis, and we expressly disclaim any and all warranties, express or implied, with respect to the information, to the fullest extent permitted by law. We hereby exclude liability for any claims, loss, demands or damages of any kind whatsoever with respect to our services, information and materials given by us including, without limitation, direct, indirect, incidental or consequential loss or damages, the foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise;
- 10.2The manufacturer of each product is solely responsible for any warranty associated with a product. To the maximum extent permitted by law, the company disclaims any warranties and conditions, express or implied, in respect of the products and services contemplated by these terms of sale, including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Responsibility for claims in respect of the products is limited to replacement of the product.
- 10.3You agree that to the fullest extent permitted by applicable law, Anytime Doctor makes no representations or warranties with respect to any treatment, information, advice or action relied on or followed by any person using any Anytime Doctor service.
- 10.4Anytime Doctor does not warrant that the Anytime Doctor websites or this service in general will be either available without interruption or error-free or that the website, server, hardware and software that support the Anytime Doctor service are free from viruses or something that may interfere with the normal operations of your systems. Anytime Doctor will not be liable for any loss or damage resulting from the transmission of data as may occur during communications with Anytime Doctor.
- 10.5Anytime Doctor will not be held responsible for loss or damage that arises from the fact that the nature of this remote service means that Anytime Doctor can not fully replicate the level of emotional support often associated with traditional physical clinics.
- 10.6To the fullest extent permissible by law, Anytime Doctor will not be held responsible for any information that is inadvertently omitted from this service or for any errors that are inadvertently included within the Anytime Doctor service.
- 10.7Anytime Doctor will not be liable for any loss, damage or delay that results from you having to collect an item that relates to this service that needs to be collected from a post office because there was no-one to sign for a delivery at the shipping address you gave.
- 10.8Anytime Doctor will not be liable for any loss, damage or delay that results from you failing to collect an item that is waiting for collection at a post office.
- 10.9Anytime Doctor will not be liable for any loss or damage if someone signs for a delivery related to this service at the shipping address that you gave yet fails, for whatever reason, to deliver the item to you in person.
- 10.10Anytime Doctor will not be required to send a repeat prescription of treatment to a patient when treatment has been signed for at the delivery address and, for whatever reason, treatment has not been started or completed by the patient. Similarly Anytime Doctor will not be required to send a repeat prescription of treatment to a patient when treatment has been dispatched but not yet delivered until the original prescription of treatment has been returned to our partner pharmacy.
- 10.11To the fullest extent permitted by applicable law, Anytime Doctor disclaims any liability resulting from the provision of services by third party providers. Liability shall rest with the appropriate third party provider and shall not under any circumstance be deemed to rest with Anytime Doctor.
- 10.12By linking to third party websites Anytime Doctor does not endorse the policies, practices, or opinions expressed on these sites. Anytime Doctor does not make representations or warranties as to the accuracy or any other aspect of the information contained on such websites;
- 10.13Submission of a sample with completed order form constitutes a Test Service and authorises the Laboratory to commence the testing process and incur the associated fee. If after submission of same an order is cancelled, the fee is non refundable;
- 10.14Anytime Doctor Limited cannot accept responsibility for errors or omission by the sampler or their agent for the Test Service, nor for samples delayed or mislaid by third party postal services;
- 10.15In the event that the samples for the Test Service provided are inadequate (by either / or quality or quantity) for the purposes of conducting a sexual health testing service or DNA analysis, Anytime Doctor Limited reserve the right to request further samples;
- 10.16Any samples submitted for the Test Service on swabs or collection pots other than that supplied by Anytime Doctor Limited, samples damaged or potentially compromised in transit, or samples supplied with poorly completed and verified order form may be destroyed by the Laboratory without reservation;
- 10.17Anytime Doctor Limited will take all reasonable steps to ensure that the Test Service results and / or reports are provided within the advertised time frames but cannot accept responsibility for delays caused by third party, or parties or Anytime Doctor Limited;
- 10.18Anytime Doctor Limited will supply the Test service results and / or reports only to the patient who has created the patient health record registration (or the legal representatives of);
- 10.19All samples may be destroyed after the test service results have been supplied to the registered patient;
- 10.20Anytime Doctor Limited do not make any promise that your use of this website will be uninterrupted, reliable or error free or that its contents will be accurate or complete. All liability arising out of or in connection with your use of this website and/or reliance on its content is excluded. We do not accept any liability for losses or damages, whether direct or indirect that you may suffer as a result of your use of this website (including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from "hacking" or otherwise). However, notwithstanding the above, nothing in these Terms shall exclude liability for death or personal injury resulting from our negligence or that of our employees, agents or authorised representatives or for fraudulent misrepresentation made by us, our employees, agents or authorised representatives or for any other liability the exclusion of which would not be permitted under English Law. Any alleged claim for damages as a result of omission or malpractice shall be limited to £100.00 in respect of each test service application. Any such claim will not be accepted unless it is made in writing within six months of the test service date.
11. Confidentiality / Data Protection
- 11.1Anytime Doctor processes data relating to Patients in connection with the Relevant Treatment provided to those Patients in accordance with these terms and conditions;
- 11.2Anytime Doctor wishes to disclose data relating to Patients to the Doctors and Nurses in the course of the Relevant Treatment and Anytime Doctor wish to have the consent of the Patient to such disclosure;
- 11.3The Patient is deemed to consent to the disclosure of sensitive personal data by Anytime Doctor to Doctors and Nurses for the purposes of discussing the Patient's Treatment;
- 11.4The Patient acknowledges that Anytime Doctor is obtaining this consent for themselves in order that they may comply with the provisions of the Data Protection Act 1998.
12. Legal Jurisdiction
- 12.1The Patient herein appoints Anytime Doctor to act as its agent and attorney, to arrange for delivery of the Patient's PHI to the Relevant Practitioner and to instruct the Pharmacy regarding fulfilment and delivery of the medications on the Patient's behalf. The Patient understands that Anytime Doctor is a business registered in the United Kingdom and that the Patient is purchasing medications that have been approved for sale in the jurisdiction of the Pharmacy. Title to the Patient's medications passes from the Pharmacy to the Patient when the Patient's medications leave the Pharmacy. All agreements reached or contracts formed with the Pharmacy shall be deemed to have been made in the jurisdiction where the sale takes place and the laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between the Patient and the Pharmacy. All disputes with Anytime Doctor shall be resolved by reference to the laws of the United Kingdom;
- 12.2It is important to note that not all of the Services are available in all jurisdictions. By placing an order for Services, the Patient represents to Anytime Doctor and the Pharmacy that sale, delivery and shipment of the medications will not violate any import, export or other law or regulation in the Patient's home jurisdiction;
- 12.3The service provided by Anytime Doctor and Relevant Practitioners shall be governed by the laws of England and Wales, whose courts shall have exclusive jurisdiction.