VIDEODOC™ TERMS AND CONDITIONS

NOT FOR EMERGENCIES
VIDEODOC™ IS NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 999 or 112 in EUROPE!
This Policy is dated 27th August 2015 and should be read in conjunction with our VideoDoc™ Privacy Policy and Medical Consent.

INTRODUCTION

VideoDoc™ has been developed by leading healthcare and telecommunications professionals for the United Kingdom (“UK”) and Republic of Ireland (“ROI”) and is already proven internationally to provide a highly secure and private service to patients and healthcare professionals. VideoDoc™ meets US HIPAA and all UK, Republic of Ireland and European wide Standards of Data Protection and Privacy.
We want to improve our products and services through your feedback. If you have any questions, comments or even complaints please feel free to contact us:

  • In the UK our VideoDoc™ healthcare services are provided by VideoDoc LTD of International House, 1-6 Yarmouth Place, London, W1J 7BU, a limited company registered in the UK, company number 9113445. Contact number: +353 (0) 1 513 6167. Email: support@videodoc.co.uk
  • In the Republic of Ireland (“ROI”) our VideoDoc® healthcare services are provided by VideoDoc LTD of 8 The Mall, Beacon Court, Sandyford, Dublin 18 D18 C2D0 Contact number: ++353 (0)1 513 6167. Email: support@videodoc.ie
  • Technology Enquiries should be addressed to VideoDoc Technologies LTD of International House, 1-6 Yarmouth Place, London, W1J 7BU, a limited company registered in the UK, company number 9113445. Contact number: +353 (0)1 513 6167. Email: support@evideodoc.com

When using our mobile Applications and Websites we ask that you make a number of commitments to VideoDoc™. We think it is important for you to read and fully understand your liability to us, so we have repeated immediately below what we expect. We commit to protecting your privacy and providing you the highest level of healthcare service.

  1. You acknowledge that you are accessing our mobile Applications (IOS or Android) and Websites and receiving all products and services in the United Kingdom (“UK”) or Republic of Ireland (“ROI”). For the avoidance of doubt, if you contact us through our UK mobile Application (IOS or Android) or our UK Website from outside the UK, you will see a Healthcare Provider only registered to provide Healthcare Services in the UK, e.g. a GMC Registered Doctor. VideoDoc® can send by facsimile or post or email attachment a prescription to you or deliver an electronic prescription to your preferred pharmacy where you are located;
  2. You commit that you are the person Registering and not presenting yourself as someone else or acting as an Agent or on behalf of somebody else;
  3. You will only register once with VideoDoc™ unless you are registering for a dependent or a person in your care;
  4. You agree to protect the privacy and security of all Users (Patients and IMC and GMC Registered Doctors, all our Healthcare Providers and VideoDoc™ Employees) and not to make independent recordings of appointments or consultations, to capture images or take screen shots or similar. All necessary details of your appointments and consultations are stored for your benefit in your own Personal Health Record (“My Health Record”). We respect your privacy and do not record your appointments or consultations;
  5. You commit that any information you provide VideoDoc™ and its Healthcare Providers, subcontractors or third party suppliers will be accurate and not to omit anything of relevance or importance which for the avoidance of doubt includes, current and past, medications and conditions;
  6. That you will maintain and ensure that your Personal Health Record (“My Health Record”) and your personal profile (“My Profile”) is current and correct at the time of any appointment or consultation;
  7. That you will promptly notify and/or correct any part of your Personal Health Record (“My Health Record”) and your personal profile (“My Profile”) which is incomplete or inaccurate including any Advice (see below), opinions, tests, prescriptions or imaging received;
  8. That you will comply with all instructions and advice given to you by VideoDoc™ and its Healthcare Providers, subcontractors and third parties for your continuing care;
  9. That you will comply with the manufacturers’ instructions and guidance as to the use of any medicine (OTC or Prescription) as to use (method, timing, dosages, potential adverse reactions or side effects, expiry dates etc.) and the instructions of any Pharmacist dispensing as a result of a VideoDoc™ appointment or consultation;
  10. That you will promptly report any side effects of any prescription to an appropriate Healthcare Provider;
  11. If you have any concerns or are in any doubt regarding any information or Advice you have received or failed to receive via our Products and Services, or regarding your health, wellbeing or any conditions, you will immediately seek a further medical opinion from a registered GP or suitable Healthcare Provider not affiliated with VideoDoc™ and/or shall utilise the emergency services as necessary.

BACKGROUND

These Terms and Conditions together with any and all other documents referred to including our Privacy Policy and Medical Consent Policy herein include our VideoDoc® Terms and Conditions for the use of our VideoDoc™ mobile Applications (IOS and Android) and Websites, collectively referred to as our “Apps and Websites”, and our Terms of Service within those Apps and Websites.
Please read these Terms and Conditions carefully and ensure that you understand them. Your VideoDoc® agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of our Apps and Websites. Further, you will be required to accept these Terms and Conditions including our Terms of Service herein when accessing our services.
If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Apps and Websites immediately. When accessing our healthcare services, you must agree to these Terms and Conditions, our Privacy Policy and Medical Consent Policy in advance.
These Terms and Conditions do not apply to customers purchasing VideoDoc® healthcare “Products and Services” in the course of business (“Business Customers”). If you are a business customer, please request a copy of our VideoDoc™ Business Terms and Conditions.

This Policy is dated 27th August 2015 and should be read in conjunction with VideoDoc™ Privacy Policy and Medical Consent Policy.

These Terms and Conditions, as well as any and all Contracts are in the English language only.

WHAT IS VIDEODOC™

VideoDoc™ is a healthcare service which enables patients to hold high definition face to face real time video, telephone, and secure online chat appointments and consultations with “Healthcare Providers” including Registered GMC/IMC General Practitioners, Consultants, Psychiatrists, Therapists and Nurses. Those Healthcare Providers” provide their services for the diagnosis and treatment of medical issues. Your VideoDoc® communication with Healthcare Providers through VideoDoc® is not intended to replace your relationship with your existing GP or primary Healthcare Provider. VideoDoc™ is not an emergency service provider.

USAGE, SUBJECT TO OUR TERMS AND CONDITIONS BELOW

You may access our Apps and Websites from anywhere subject to UK, Republic of Ireland, European Law (including the Cross-Border Directive) and the applicable laws in your location. It is your responsibility to confirm that you are in compliance with all applicable laws and regulations. We do not provide our Products and Services to US Citizens residing in the United States. US Citizens ordinarily resident in or visiting Europe may access our services in the same way as any European Citizen or visitor to Europe.
In the UK from our registered address at International House, 1-6 Yarmouth Place, London, W1J 7BU, England or in the ROI, 8 The Mall, Beacon Court, Sandyford, Dublin18, D18 C2D0.

DEFINITIONS AND INTERPRETATION

  1. Definitions and Interpretation
    In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

    • “VideoDoc™ /VideoDoc/Our”
      means VideoDoc LTD of International House, 1-6 Yarmouth Place, London, W1J 7BU, England; or if you are accessing the Apps and Websites in the Republic of Ireland (“ROI”), VideoDoc LTD of 8 The Mall, Beacon Court, Sandyford, Dublin 18, D18 C2D0, Ireland; VideoDoc Technologies LTD of International House, 1-6 Yarmouth Place, London, W1J 7BU, England; and any subsidiaries or affiliates of those companies;
    • “User”
      means any patient, customer, third party, healthcare provider (e.g. Registered GMC/IMC General Practitioners, Consultants, Psychiatrists, Therapists and Nurses) or carer that accesses the Apps and Websites or Orders Products and Services from VideoDoc® or any of its subsidiaries or affiliates and is not directly employed by VideoDoc® or acting in the course of their VideoDoc® employment;
    • “UK and EU Law”
      means the Data Protection Act 1998 as amended by the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011; and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, (Distance Selling Regulations);
    • “ROI and EU Law”
      means the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003 and the Data Protection (Access Modification) (Health) Regulations 1989 and the ePrivacy Regulations 2011 (S.I. 336 of 2011) which gives effect to the EU ePrivacy Directive 2002/58/EC (as amended by Directive 2006/24/EC and 2009/136/EC); and the European Union (Consumer Information, Cancellation And Other Rights) Regulations 2013 (Si 484/2013), (Distance Selling Regulations) ;
    • “Apps and Websites”
      means the Application (IOS or Android) or Website, including Mobile Website that you are currently using (e.g. www.videodoc.co.uk, www.videodoc.ie, www.evideodoc.com) and any sub-domains of these websites (e.g. subdomain www.evideodoc.co.uk) unless expressly excluded by their own terms and conditions.
    • “Account”
      means an account required for a User to access and/or use certain areas of Our Apps and Websites, as detailed in Clause 15;
    • “Content”
      means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored in an application (IOS or Android) or on a computer that appears on, or forms part of, Our Apps and Websites;
    • “User Content”
      means any content submitted to our VideoDoc™ Apps and Websites by Users including, but not limited to sensitive personal information (Personal Profile and Personal Health Record) including name, date of birth, state of health, ailments, allergies, diseases or disabilities, medications, physical and mental characteristics, past medical records, photographs, family information, medical diagnoses and notes, details of past consultations; and financial information such as credit and debit card numbers;
    • “Healthcare Providers”
      means GMC and IMC Registered General Practitioners, Consultants, Psychiatrists, Therapists and Nurses VideoDoc® Healthcare Providers are independent of VideoDoc® and not employees or agents unless specified in an appointment or consultation;
    • “Third Party Apps and Websites”
      means Apps and Websites not owned by VideoDoc™ or any of its subsidiaries or affiliates;
    • “Advice”
      means any communication, diagnosis, discharge, advice or other services in any form provided or facilitated by VideoDoc® or its Healthcare Providers, other independent Healthcare Providers, and third parties through the Apps and Websites or otherwise or facilitated by VideoDoc™ during, or outside an appointment or consultation or within Apps and Websites;
    • “Products”
      means any physical item Ordered including but not limited to a Test, Prescription or Activity Device from or facilitated by VideoDoc®, its Healthcare Providers, other independent Healthcare Providers, or third parties through the Apps and Websites or otherwise;
    • “Services”
      means any Service to a User including Advice, provided by VideoDoc™ or its Healthcare Providers, other independent Healthcare Providers, or third parties through the Apps and Websites or otherwise or facilitated by VideoDoc™
    • “Third Parties”
      means any entities providing Products and Services through the Company or its App or ordered through VideoDoc® or its Apps and Websites, including independent healthcare providers, subcontractors, agencies and suppliers other than VideoDoc® and its subsidiaries or affiliates;
    • “Products and Services”
      means any entities providing Products and Services through the Company or its App or ordered through VideoDoc® or its Apps and Websites, including independent healthcare providers, subcontractors, agencies and suppliers other than VideoDoc® and its subsidiaries or affiliates;
    • “Contract”
      means a contract for the purchase and sale of Products and Services, as explained in Clause 21;
    • “Order”
      means your order for the Products and Services which may or may not require a payment of monies;
    • “Order Confirmation”
      means our VideoDoc® acceptance and confirmation of your Order.
  2. Information About VideoDoc™
    1. Our Apps and Websites are operated under licence from VideoDoc Technologies LTD of International House, 1-6 Yarmouth Place, London, W1J 7BU, a limited company registered in the UK. Contact number: +353 (0)1 513 6167. Email: support@evideodoc.com
    2. In the UK and Internationally our VideoDoc® healthcare services are provided by VideoDoc LTD of International House, 1-6 Yarmouth Place, London, W1J 7BU, a limited company registered in the UK, company number 9113445. Contact number: +353 (0)1 513 6167. Email: support@videodoc.co.uk
    3. In the Republic of Ireland (“ROI”) our VideoDoc® healthcare services are provided by VideoDoc LTD of 8 The Mall, Beacon Court, Sandyford, Dublin 18 D18 C2D0 Contact number: ++353 (0)1 513 6167. Email: support@videodoc.ie
    4. References to “in writing” include email, text, facsimile, post or other printed physical communication received at our offices above.
  3. Access to Apps and Websites is free of charge.
  4. International Usage
    1. It is your responsibility to make any and all arrangements necessary in order to access Our Apps and Websites. We suggest that Users install Chrome or Firefox when using our Web Browser for ease of implementation.
  5. Access to Our Apps and Websites
    1. We currently support: Windows: IE10+ with WebRTC4all plug in Safari with WebRTC4all plug in Chrome (Latest), Firefox (Latest) Mac: Chrome (Latest), Firefox (Latest) Mobile Platforms: Android 4.1 (JellyBean) or later, (4.4 KitKat, 5.0,5.1 Lollipop) Apple iOS7 or later iPad2 and above, iPad Mini and above Phone – portrait orientation only, iPhone 5 and above
    2. Access to Our Apps and Websites is provided “as is” and on an “as available” basis. VideoDoc® may alter, suspend or discontinue Our Apps and Websites (or any part of it) at any time and without notice. VideoDoc® will not be liable to you in any way if Our Apps and Websites (or any part of it) is unavailable at any time and for any period.
  6. Accounts
    1. Certain parts of Our Apps and Websites (including the ability to purchase healthcare services from VideoDoc®) may require that you create (“Register”) an Account in order to access them.
    2. You may not Register an Account if you are under 16 years of age. If you are under 16 years of age and wish to use the parts of Our Apps and Websites that require an Account, your parent, guardian or carer should Register their own Account and register you as their Dependent and you must only access the Account with their supervision.
    3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
    4. VideoDoc® require that you choose a strong password for your Account, consisting of at least 8 characters (at most 26 characters), at least one lower case letter and a number between 0 and 9.
    5. It is your responsibility to keep your password safe. You must not share your password or Account with anyone else. If you believe your Account is being used without your permission, please contact VideoDoc® immediately. VideoDoc® will not be liable for any unauthorised access to your Account.
    6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our VideoDoc® obligations under UK and European Law and ROI and European Law as appropriate and as set out in Clause 34 and in our Privacy Policy and Medical Consent.
    7. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your access through our VideoDoc® Apps and Websites to your information including your Personal Health Records. Closing your Account will also remove access to any areas of Our Apps and Websites requiring an Account for access.
    8. VideoDoc® retains Data which includes sensitive personal information in order to provide you with our VideoDoc® products and services in line with the advice given in the UK, Department of Health (2006) Records management: NHS code of practice.
  7. Intellectual Property Rights
    1. VideoDoc® contains, embodies and is based upon worldwide patented or patentable inventions, trade secrets, copyrights and other intellectual property rights (collectively, “Intellectual Property Rights”) owned by or under licence by VideoDoc® and its own sub-licencees, and that VideoDoc® and its licensors shall continue to be the owners of all Intellectual Property Rights.
    2. The Virtumedix logo and trademark is owned by Telecommunication Systems Inc., who reserve any and all rights to its use.
    3. With the exception of User Content (see Clause 12), all Content included on Our Apps and Websites and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licenced by VideoDoc®.
  8. This Agreement does not convey to you title or ownership of VideoDoc® . You shall not remove, replace or obscure trademarks or proprietary notices contained in or displayed by VideoDoc® .
  9. With these restrictions VideoDoc® grants you a limited licence to access and make personal use of the Apps and Websites and not to modify, any portion, except with express written consent. This licence does not include any resale or commercial use of the Apps and Websites or content; any derivative use of the Apps and Websites or contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Apps and Websites or any portion of the Apps and Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VideoDoc® . Any unauthorised use terminates the permission or licence granted by the VideoDoc® . You may not use any logo or other proprietary graphic or trademark of VideoDoc® or Telecommunication Systems Incorporated as part of the link without VideoDoc® prior permission.
  10. Any printouts made of content obtained through VideoDoc must include the copyright notice. VideoDoc® is a registered trademark of VideoDoc LTD. This Agreement does not confer any licence or right to use any trademark of VideoDoc® or its licensors or suppliers without the express written permission of VideoDoc® .
  11. All Content (including User Content) is protected by applicable United Kingdom, Republic of Ireland, European and International intellectual property laws and treaties.
    1. Subject to sub-Clauses 11.5 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Apps and Websites unless given express written permission to do so by VideoDoc® .
    2. You may:
      1. Access, view and use Our Apps and Websites in an application (IOS or Android) or web browser (including any web browsing capability built into other types of software or app);
      2. Download Our Apps and Websites (or any part of it) for caching;
      3. Print pages from Our Apps and Websites;
      4. Download extracts from pages on Our Apps and Websites; and
      5. Save pages from Our Apps and Websites for later and/or offline viewing.
    3. Our status as the owner and author of the Content on Our Apps and Websites (or that of identified licensors, as appropriate) must always be acknowledged.
    4. You may not use any Content saved or downloaded from Our Apps and Websites for commercial purposes without first obtaining a licence from VideoDoc® (or our VideoDoc® licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Apps and Websites for general information purposes whether by business users or consumers.
    5. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the UK Copyrights, Designs and Patents Act 1988 “Acts Permitted in Relation to Copyright Works” and in the ROI, the Copyright and Related Rights Act 2000, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
  12. User Content
    1. An Account is required if you wish to submit User Content. For terms and conditions pertaining to Accounts, please refer to Clause 15.
    2. You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 6.
    3. You agree that you will be liable to VideoDoc® and will, to the fullest extent permissible by law, indemnify VideoDoc® for any breach of the warranties given by you in the INTRODUCTION and under Clause 26. You will be responsible for any loss or damage suffered by VideoDoc® as a result of such breach.
    4. You retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant VideoDoc® an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content form for the purposes of operating and promoting Our Apps and Websites and for providing you with and improving our VideoDoc® healthcare products and services. We will not share your personal data with a third party other than your Healthcare Provider or without your permission other than set out in our Privacy Policy.
  13. Disclaimers
    1. Apps and Websites are not suitable for any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any Product and Service urgently for a medical emergency or acute condition
    2. VideoDoc® cannot guarantee continuity of care through the same Healthcare Provider.
    3. The Content on Our Apps and Websites does not constitute advice on which you should rely. It is provided for general information purposes only. Our Healthcare Providers” independently provide their services direct to you for the diagnosis and treatment of medical issues (“Telemedicine Products and Services”). Participating Healthcare Providers are independent registered healthcare providers unless otherwise Stated.
    4. VideoDoc® make no representation, warranty, or guarantee that Our Apps and Websites will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    5. VideoDoc® make reasonable efforts to ensure that the displayed Content on Our Apps and Websites is complete, accurate, and up-to-date. VideoDoc® does not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
  14. Our Liability
    1. VideoDoc® is not responsible for any loss or damage caused by Healthcare Providers (except to the extent the Healthcare Provider is an employee of VideoDoc or acting within the scope of their employment), other Healthcare Providers, subcontractors or Third Parties unless it is caused by the negligence, material breach or wilful default of VideoDoc® . Users should seek remedies direct from the other Healthcare Providers, subcontractors or Third Parties.
    2. To the fullest extent permissible by law, VideoDoc® accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Apps and Websites or the use of or reliance upon any Content included on Our Apps and Websites.
    3. To the fullest extent permissible by law, VideoDoc® exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Apps and Websites or any Content included on Our Apps and Websites.
    4. If you are a business user, VideoDoc® accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    5. VideoDoc® take all reasonable steps to ensure that Our Apps and Websites are free from viruses and other malware, however VideoDoc® accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Apps and Websites (including the downloading of any Content from it) or any other Apps and Websites referred to on Our Apps and Websites.
    6. VideoDoc® neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Apps and Websites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    7. Subject to Clause 26.0 the liability of the Company in connection with the Products and Services whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:
      • £1,000 in aggregate in relation to any Products; and
      • £1,000,000 in aggregate otherwise.
    8. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
  15. Third Party Apps and Websites
    1. As a convenience to Our Users, the Apps and Websites include links (including hypertext) to Third Party Websites or material which is beyond Our control. When you activate any of these you will leave our Apps and Websites and VideoDoc® has no control over and will accept no responsibility or liability for the material on any App and Website which is not under the control of VideoDoc® .
  16. Advertising and Sponsorship
    1. Part of the Apps and Websites may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and regulations and codes. VideoDoc® will not be responsible for any error or inaccuracy in advertising and sponsorship material.
    2. To the fullest extent permissible by law, VideoDoc® accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Apps and Websites or the use of or reliance upon any Content included on Our Apps and Websites.
  17. Viruses, Malware and Security
    1. VideoDoc® take all reasonable steps to ensure that Our Apps and Websites are secure and free from viruses and other malware. VideoDoc® do not, however, guarantee that Our Apps and Websites are secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in Clause 26.0.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Apps and Websites.
    4. You must not attempt to gain unauthorised access to any part of Our Apps and Websites, the server on which Our Apps and Websites is stored, or any other server, computer, or database connected to Our Apps and Websites.
    5. You must not attack Our Apps and Websites by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 17.3 to 17.5 you may be committing a criminal offence under the UK Computer Misuse Act 1990 and in the ROI, the Criminal Damage Act 1991 and the Criminal Justice (Theft and Fraud Offences) Act, 2001 and under similar legislation in Europe. Any and all such breaches will be reported to the relevant law enforcement authorities and VideoDoc® will cooperate fully with those authorities by disclosing your identity to them. Your VideoDoc® right to use Our Apps and Websites will cease immediately in the event of such a breach.
  18. Acceptable Usage Policy
    1. You may only use Our Apps and Websites in a manner that is lawful and that complies with the provisions of this Clause 17. Specifically:
      1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      2. you must not use Our Apps and Websites in any way, or for any purpose, that is unlawful or fraudulent;
      3. you must not use Our Apps and Websites to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      4. you must not use Our Apps and Websites in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. When submitting User Content (or communicating in any other way using Our Apps and Websites), you must not submit, communicate or otherwise do anything that:
      1. is sexually explicit;
      2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
      3. promotes violence;
      4. promotes or assists in any form of unlawful activity;
      5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
      6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      7. is calculated or is otherwise likely to deceive;
      8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
      9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 17.2);
      10. implies any form of affiliation with VideoDoc® where none exists;
      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
      12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    3. VideoDoc® reserve the right to suspend or terminate your access to Our Apps and Websites if you materially breach the provisions of this Clause 29 or any of the other provisions of these Terms and Conditions. Specifically, VideoDoc® may take one or more of the following actions:
      1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Apps and Websites;
      2. remove any User Content submitted by you that violates this Acceptable Usage Policy;
      3. issue you with a written warning;
      4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      5. take further legal action against you as appropriate;
      6. disclose such information to law enforcement authorities as required or as VideoDoc® deem reasonably necessary; and/or
      7. any other actions which VideoDoc® deem reasonably appropriate (and lawful).
    4. VideoDoc® hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that VideoDoc® may take in response to breaches of these Terms and Conditions.

    ELECTRONIC MEDICAL RECORD (“EMR”)

  19. Sensitive Personal Information
    1. VideoDoc® enables you to create an electronic location where you can upload, store and access your Personal Health Information (“PHI”) (“My Health Record”) and online, including your medical history, symptoms, complaints, allergies and medications (“VideoDoc® Electronic Medical Record”). VideoDoc® also provides the ability for your Healthcare Providers to add notes to your VideoDoc® Electronic Medical Record. Any information provided as part of a video, telephone, secure chat session and/or email consultation becomes part of your VideoDoc® Electronic Medical Record. You agree to provide complete and accurate information about yourself and to periodically update your information.
    2. VideoDoc® reserves the right to remove access to your VideoDoc® Electronic Medical Record and/or to remove your VideoDoc® Electronic Medical Record from our servers or to levy a charge to maintain access to your online VideoDoc® Electronic Medical Record. This does not impact any of your statutory rights to access information VideoDoc® holds about you including your VideoDoc® Electronic Medical Record.
    3. VideoDoc® retains Data which includes sensitive personal information in order to provide you with our VideoDoc® products and services in line with our Privacy Policy and the advice given in the UK, Department of Health (2006) Records management: NHS code of practice.
  20. Products and Services, Pricing and Availability
    1. VideoDoc® make all reasonable efforts to ensure that all general descriptions of the Products and Services available from VideoDoc® correspond to the actual Products and Services that will be provided to you, however please note that the exact nature of the Products and Services may vary depending upon your individual requirements and circumstances.
    2. Please note that sub-Clause 20.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Products and Services, not to different Products and Services altogether.
    3. VideoDoc® neither represent nor warrant that all Products and Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on Our Apps and Websites.
    4. VideoDoc® make all reasonable efforts to ensure that all prices shown on Our Apps and Websites are correct at the time of going online. VideoDoc® reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated daily. Changes in price will not affect any Order that you have already placed (please note sub-Clause 20.5.3 regarding VAT, however).
    5. All prices are checked by VideoDoc® when VideoDoc® process your Order. In the unlikely event that VideoDoc® have shown incorrect pricing information, please note the following:
      1. VideoDoc® will contact you in writing or by telephone to inform you of the mistake and to ask you how you wish to proceed. VideoDoc® will give you the option to purchase the Products and Services at the correct price or to cancel your Order (or the affected part thereof). VideoDoc® will not proceed with processing your Order until you respond. If VideoDoc® do not receive a response from you within 7 days, VideoDoc® will treat your Order as cancelled and notify you of the same in writing.
      2. In the event that the price of Products and Services you have ordered changes between your Order being placed and VideoDoc® processing that Order and taking payment, you will be charged the price shown on Our Apps and Websites at the time of placing your Order.
      3. All prices on Our Apps and Websites include VAT where applicable. If the VAT rate changes between your order being placed and VideoDoc® taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
      4. Subscriptions in our Apps and Websites are monthly payable up-front in advance. For your convenience, the price per-month may be displayed.
    6. You acknowledge that subscriptions will automatically renew upon the end of the agreed term, unless you provide a written request to cancel the subscription prior to the end of the relevant subscription period.
  21. Orders – How Contracts Are Formed
    1. Our Apps and Websites will guide you through the ordering process. Before submitting your Order to VideoDoc® you will be either requested to confirm your Order by accepting our Terms and Conditions, Privacy Policy and Medical Consent or given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
    2. No part of Our Apps and Websites constitutes a contractual offer capable of acceptance. Your VideoDoc® Order constitutes a contractual offer that VideoDoc® may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that VideoDoc® have accepted it. Our acceptance is indicated by either your entry into a VideoDoc® Waiting Room for a consultation with a Healthcare Provider where you will also be asked to confirm your personal details or by VideoDoc® sending you an Order Confirmation by telephone or email. A telephone order confirmation is a legally binding contract. In the case of an email only once VideoDoc® have sent you an Order Confirmation will there be a legally binding contract between VideoDoc® and you (“the Contract”).
    3. Order Confirmations shall contain the following information:
      1. Confirmation of the Products and Services ordered including full details of the main characteristics of those Products and Services;
      2. Fully itemised pricing for the Products and Services ordered including, where appropriate, taxes and other additional charges;
    4. If VideoDoc® , for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If VideoDoc® have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days;
    5. If you change your mind, you may cancel your Order or the Contract before or after VideoDoc® begin providing the Products and Services subject to these Terms and Conditions. For details of your cancellation rights, please refer to Clauses 23 and 24.
    6. VideoDoc® may cancel your Order at any time before VideoDoc® begin providing the Products and Services in the following circumstances:
      1. 21.6.1 The required personnel and/or required materials necessary for the provision of the Products and Services are not available; or
      2. 21.6.2 An event outside of Our control (please refer to Clause 29 for events outside of Our control).
    7. If VideoDoc® cancel your Order under sub-Clause 8.9 and VideoDoc® have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days. If VideoDoc® cancel your Order, you will be informed by email.
  22. Provision of the Products and Services
    1. VideoDoc® will begin providing the Products and Services on the date agreed when you make your Order (which VideoDoc® shall confirm in the Order Confirmation). Please note that if you request that the Products and Services begin within the statutory 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost. Please refer to Clause 11 for your statutory cancellation rights. VideoDoc® will use all reasonable endeavour VideoDoc® s to provide the Products and Services with reasonable skill and care, commensurate with best trade practice.
    2. VideoDoc® will make every reasonable effort to provide the Products and Services in a timely manner. VideoDoc® cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 25 for events outside of Our control.
    3. If VideoDoc® require any information or action from you in order to provide the Products and Services, VideoDoc® will inform you of this as soon as is reasonably possible. Depending upon the nature of the Products and Services you have ordered, VideoDoc® may require prior information or action such as confirmation of the details or your Preferred Pharmacy, Primary GP and Personal Health Information.
    4. If the information you provide or the action you take under Clause 23 or 24 is delayed, incomplete or otherwise incorrect, VideoDoc® will not be responsible for any delay caused as a result. If additional work is required from VideoDoc® to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, VideoDoc® may charge you a reasonable additional sum for that work.
    5. In certain circumstances, for example where there is a delay in you providing VideoDoc® information or taking action required under Clause 23 or 24, VideoDoc® may suspend the Products and Services (and will inform you of that suspension by email).
    6. In certain circumstances, for example where VideoDoc® encounter a technical problem, VideoDoc® may need to suspend or otherwise interrupt the Products and Services to resolve the issue. Unless the issue is an emergency that requires immediate action VideoDoc® will inform you in advance by email before suspending or interrupting the Products and Services.
    7. If the Products and Services are suspended or interrupted under Clauses 25 or 26 you will not be required to pay for them during the period of suspension if you access those Products and Services. You must, however, pay any sums that may already be due by the appropriate due date(s).
    8. If you do not pay VideoDoc® for the Products and Services as required by Clause 9, VideoDoc® may suspend the Products and Services until you have paid any and all outstanding sums due. If this happens, we will inform you by email.
  23. Your VideoDoc® Legal Right to Cancel (Cooling Off Period)
    1. If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and VideoDoc® have sent you an Order Confirmation, i.e. when the Contract between you and VideoDoc® is formed. The period ends at the end of 14 calendar days’ after that date.
    2. If you wish to exercise your right to cancel under this Clause 23, you must inform VideoDoc® of your decision within the cooling off period. You may do so in any way you wish by emailing us or telephoning us.
      1. In the UK and Internationally our VideoDoc® healthcare services are provided by VideoDoc LTD of International House, 1-6 Yarmouth Place, London, W1J 7BU, a limited company registered in the UK, company number 9113445. Contact number: +353 (0)1 513 6167. Email: support@videodoc.co.uk
      2. In the Republic of Ireland (“ROI”) our VideoDoc® healthcare services are provided by VideoDoc LTD of 8 The Mall, Beacon Court, Sandyford, Dublin 18 D18 C2D0 Contact number: ++353 (0)1 513 6167. Email: support@videodoc.ie
    3. VideoDoc® may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
    4. As specified in sub-Clause 23.2, if the Products and Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Products and Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
      1. If the Products and Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Products and Services are complete.
      2. If you cancel after provision of the Products and Services has begun but is not yet complete you will still be required to pay for the Products and Services provided up until the point at which you inform VideoDoc® that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Products and Services and the actual Products and Services already provided. Any sums that have already been paid for the Products and Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued no later than 14 calendar days’ after you inform VideoDoc® that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Products and Services.
  24. Cancellation After the Legal Cancellation Period Cancellation of Contracts after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Products and Services and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be confirmed for the Products and Services in Our Order Confirmation. The minimum contract duration for subscriptions is one month.
    1. If you wish to cancel under this Clause 35, you must inform VideoDoc® of your decision to do so. You may do so in any way you wish by emailing us or telephoning us.
      1. In the UK and Internationally our VideoDoc® healthcare services are provided by VideoDoc LTD of International House, 1-6 Yarmouth Place, London, W1J 7BU, a limited company registered in the UK, company number 9113445. Contact number: +353 (0)1 513 6167. Email: support@videodoc.co.uk
      2. In the Republic of Ireland (“ROI”) our VideoDoc® healthcare services are provided by VideoDoc LTD of 8 The Mall, Beacon Court, Sandyford, Dublin 18 D18 C2D0 Contact number: ++353 (0)1 513 6167. Email: support@videodoc.ie
      3. VideoDoc® recommends that all enquiries should be addressed to our VideoDoc® Ireland trading address in the first instance at VideoDoc LTD, 8 The Mall, Beacon Court, Sandyford, Dublin18, D18 C2D0. Contact number: ++353 (0)1 513 6167. Email: support@videodoc.ie
    2. VideoDoc® may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
      1. VideoDoc® breach the Contract in a material way and fail to remedy the breach within 30 calendar days’ of you asking VideoDoc® to do so in writing; or
      2. VideoDoc® go into liquidation or have a receiver or administrator appointed over Our assets; or
      3. VideoDoc® change these Terms and Conditions to your material disadvantage; or
      4. VideoDoc® are adversely affected by an event outside of Our control that continues for more than 30 calendar days’ (as under sub-Clause 16.2.5).
    3. Eligibility for refunds may vary according to the Products and Services ordered. You will be required to pay for Products and Services supplied up until the point at which you inform VideoDoc® that you wish to cancel (please note that this may include charges in full for any work and services that VideoDoc® have undertaken or already provided where VideoDoc® have reasonably incurred costs. Such sums will be deducted from any refund due to you or, if no refund is due, VideoDoc® will invoice you for the relevant sums. Details of the relevant terms will be provided at the time of cancellation. If you are cancelling due to Our failure to comply with these Terms and Conditions or the Contract, you will not be required to make any payment to VideoDoc® (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).
    4. Refunds under this Clause 24 will be issued to you no later than 14 calendar days’ after the date on which you inform VideoDoc® that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that VideoDoc® make a refund using a different method.
  25. Our Rights to Cancel
    1. For cancellations before we begin providing the Products and Services, please refer to Clause 23.
    2. VideoDoc® may cancel the Products and Services after VideoDoc® have begun providing them due to an Event outside of Our control that continues for more than 30 calendar days’ (as under Clause 29), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Products and Services. In such cases, you will only be required to pay for Products and Services that VideoDoc® have already provided up until the point at which VideoDoc® inform you that VideoDoc® are cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, VideoDoc® will invoice you for the relevant sums or no payment will be due from you and if you have already made any payment to us, such sums will be refunded to you.
    3. Once VideoDoc® have begun providing the Products and Services, VideoDoc® may cancel the Contract at any time and will give you at least 30 calendar days’ written notice of such cancellation. You will only be required to pay for Products and Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, VideoDoc® will invoice you for the relevant sums.
    4. Refunds due under this Clause 25 will be issued to you no later than 14 calendar days’ after the day on which VideoDoc® inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that VideoDoc® make a refund using a different method.
    5. VideoDoc® may cancel immediately by giving you written notice in the following circumstances:
      1. You fail to make a payment by the due date as set out in Clause 9. This does not affect Our right to charge you interest on any; or
      2. You breach the contract in a material way and fail to remedy the breach within 14 calendar days’ of VideoDoc® asking you to do so in writing.
  26. Problems with the Products and Services
    1. VideoDoc® always uses reasonable endeavour to ensure that Our Products and Services are trouble-free. If, however, there is a problem with the Products and Services please contact VideoDoc® as soon as is reasonable possible via our contact details.
    2. VideoDoc® will use reasonable endeavour to remedy problems with the Products and Services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people may be affected, VideoDoc® will use reasonable endeavour VideoDoc® to remedy problems within 24 hours.
    3. VideoDoc® will not charge you for remedying problems under this Clause 25 calendar where the problems have been caused by VideoDoc®, or any of Our agents or sub-contractors, or where nobody is at fault. If VideoDoc® determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 10.5 will apply and VideoDoc® may charge you for the remedial work.
    4. As a consumer you have certain legal rights with respect to the purchase of products and services. VideoDoc® are, for example, required to provide the Products and Services with reasonable care and skill. You also have remedies if VideoDoc® use materials or other products that are not as described, not of satisfactory quality, or not fit for purpose. More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office or in ROI the Citizens’ Information Centre. Nothing in these Terms and Conditions will affect these statutory rights.
  27. Problems with the Products and Services
    1. You acknowledge that you are accessing our mobile Applications (IOS or Android) and Websites and receiving all products and services in the United Kingdom (“UK”) or Republic of Ireland (“ROI”).
    2. You commit that you are the person Registering and not presenting yourself as someone else or acting as the Agent or on behalf of somebody else;
    3. To only register once with VideoDoc® unless you are registering for a dependent or person in your care;
    4. You agree to protect the privacy and security of all Users (Patients and Registered GMC and IMC GPs/Healthcare Providers) and not to make independent recordings of appointments or consultations, to capture images or take screen shots or similar. All necessary details of your appointments and consultations are stored for your benefit in your own Personal Health Record (“My Health Record”). We similarly respect your privacy and do not record your appointments or consultations;
    5. You commit to VideoDoc® that any information you provide VideoDoc® and its Healthcare Providers, subcontractors or third party suppliers will be accurate and not to omit anything of relevance or importance which for the avoidance of doubt includes past medications and conditions;
    6. To maintain and ensure that your Personal Health Record (“My Health Record”) and your personal profile (“My Profile”) is current and correct at the time of any appointment or consultation;
    7. That you will promptly notify and/or correct any part of your Personal Health Record (“My Health Record”) and your personal profile (“My Profile”) which is incomplete or inaccurate including any Advice, opinions, tests, prescriptions or imaging received;
    8. That you will comply with all instructions and advice given to you by VideoDoc® and its Healthcare Providers, subcontractors and third parties for your continuing care;
    9. That you will comply with the manufacturers’ instructions and guidance as to the use of any medicine (OTC or Prescription) as to use (method, timing, dosages, potential adverse reactions or side effects, expiry dates etc.) and the instructions of any Pharmacist dispensing as a result of a VideoDoc® appointment or consultation;
    10. That you will promptly report any side effects of any prescription to an appropriate Healthcare Provider;
    11. If you have any concerns or are in any doubt regarding any information or Advice you have received or failed to receive via the Products and Services, or regarding your health, wellbeing or any conditions, you will immediately seek a further medical opinion from a registered GP or suitable Healthcare Provider not affiliated with VideoDoc® and/or shall utilise the emergency services as necessary.
  28. Our Liability
    1. VideoDoc® will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it contemplated by you and VideoDoc® when the Contract is created. VideoDoc® will not be responsible for any loss or damage that is not foreseeable.
    2. VideoDoc® provide Products and Services for domestic and private use or purposes. VideoDoc® make no warranty or representation that the Products and Services are fit for commercial, business or industrial purposes of any kind including resale. VideoDoc® will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    3. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability as implied under the appropriate sections of the UK Supply of Goods and Products and Services Act 1982 and ROI Supply of Goods and Services Act 1980 with respect to your rights as a consumer for:
      1. Breach of your right to title and quiet possession and;
      2. Breach of terms relating to description, satisfactory quality and fitness for purpose
      3. Our liability relating to defective products as set out in the UK Consumer Protection Act 1987 and ROI Consumer Protection Act 2007.
  29. Events Outside of Our Control (Force Majeure)
    1. VideoDoc® will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any event that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 39 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      1. VideoDoc® will inform you as soon as is reasonably possible;
      2. Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that VideoDoc® are bound by will be extended accordingly;
      3. VideoDoc® will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products and Services as necessary;
      4. If the event outside of Our control continues for more than 30 calendar days’ VideoDoc® may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days’ after the date on which VideoDoc® inform you of the cancellation;
      5. If an event outside of Our control occurs [and continues for more than 30 calendar days’ and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days’ after the date on which you inform VideoDoc® that you wish to cancel.
  30. Privacy and Cookies
    Use of Our Apps and Websites is also governed by our Privacy Policies which includes our Cookies Policy. These policies are incorporated into these Terms and Conditions by this reference.
  31. Complaints and Feedback
    1. VideoDoc® always welcome feedback from Our Users and, whilst VideoDoc® always use all reasonable endeavour to ensure that your experience as a User of Ours is a positive one, VideoDoc® nevertheless want to hear from you if you have any cause for complaint.
    2. All complaints are handled in accordance with Our complaints handling policy and procedure, available from us on request.
    3. If you wish to complain about any aspect of your dealings with VideoDoc® , please contact VideoDoc® in one of the following ways:
      1. In the UK and internationally; in writing, addressed to the Managing Director, VideoDoc LTD, International House, 1-6 Yarmouth Place, London, W1J 7BU or by telephone, contact number: +353 (0)1 513 6167, or by email: support@videodoc.co.uk
      2. In the Republic of Ireland (“ROI”) addressed to the Managing Director, VideoDoc LTD, 8 The Mall, Beacon Court, Sandyford, Dublin 18 D18 C2D0, or by telephone, contact number: ++353 (0)1 513 6167 or by email: support@videodoc.ie
  32. How VideoDoc® Use Your VideoDoc® Personal Information (Data Protection)
    1. All personal information that VideoDoc® may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the UK and European law and ROI and European Law and your rights under that legislation and the accompanying regulations and guidance.
    2. VideoDoc® may use your personal information to:
      1. Provide Our services to you;
      2. Process your Order (including payment) for the Products and Services; and
      3. Inform you of new products and/or services available from VideoDoc® (if you opt or have previously opted to receive it). You may request that we stop sending you this information at any time.
    3. In certain circumstances (if, for example, you wish to purchase Products and Services on credit), and with your consent, VideoDoc® may pass your personal information on to credit reference agencies. These agencies are also bound by the same UK, ROI and European laws and should use and hold your personal information accordingly.
    4. VideoDoc® subject to Clause 32.3 where applicable, our Privacy Policy and Medical Consent, which both form part of these Terms and Conditions, and which you should read, will not pass on your personal information to any third parties without first obtaining your express permission.
    5. Where Products and Services including Appointments and Consultations are provided by our independent Healthcare Providers (GMC and IMC Registered General Practitioners, Consultants, Psychiatrists, Therapists and Nurses) who are not employees or agents VideoDoc® may not hold or be responsible for the retention of your User Content including sensitive personal information (Personal Profile and Personal Health Record) including name, date of birth, state of health, ailments, allergies, diseases or disabilities, medications, physical and mental characteristics, past medical records, photographs, family information, medical diagnoses and notes, details of past consultations; and financial information such as credit and debit card numbers. VideoDoc® works to ensure that those Healthcare Providers follow UK and European and ROI and European Law with respect to Privacy, Data Protection and retention of your Personal Information.
    6. VideoDoc® accepts no responsibility or liability for the failings, errors or omissions of any independent Healthcare Provider with respect to Privacy, Data Protection, or use and retention of your Personal Information (My Health Record and My Profile), that is not under the direct control of VideoDoc® .
  33. Other Important Terms
    1. VideoDoc® may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if VideoDoc® sell Our business). If this occurs, you will be informed by VideoDoc® in writing. Your VideoDoc® rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    3. The Contract is between you and VideoDoc® . It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The rest of these Terms and Conditions shall be valid and enforceable.
    5. No failure or delay by VideoDoc® in exercising any of Our rights under these Terms and Conditions means that VideoDoc® have waived that right, and no waiver by VideoDoc® of a breach of any provision of these Terms and Conditions means that VideoDoc® will waive any subsequent breach of the same or any other provision.
  34. Changes to these Terms and Conditions
    1. VideoDoc® may revise these Terms and Conditions at any time. If VideoDoc® do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Apps and Websites after the changes have been implemented. You are therefore advised to check this page from time to time. VideoDoc® also requires that you accept the latest version of our Terms and Conditions, Privacy Policy and Provide Medical Consent on each occasion that undertake a consultation.
    2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  35. Communications from VideoDoc®
    1. If VideoDoc® have your contact details, VideoDoc® may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    2. VideoDoc® will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by VideoDoc® include an unsubscribe link. If you opt out of receiving emails from VideoDoc® at any time, it may take up to 7 business days for your new preferences to take effect.
    3. For questions or complaints about communications from VideoDoc® (including, but not limited to marketing emails), please contact VideoDoc® at support@videodoc.co.uk or support@videodoc.ie
  36. Data Protection
    1. 36.1 Our Use of User Content including Personal Sensitive Health Information, Data Protection and Storage, and Privacy Policies are set out in our Privacy Policy which is included by reference in these Terms and Conditions
    2. 36.2 VideoDoc® will not pass on your personal information to any third parties except as set out in our Privacy Policy and Medical Consent.
  37. Communication and Contact Details
    1. If you wish to contact VideoDoc® with general questions or complaints, you may contact VideoDoc®
      1. In the UK and Internationally at VideoDoc LTD of International House, 1-6 Yarmouth Place, London, W1J 7BU, a limited company registered in the UK, company number 9113445. Contact number: +353 (0)1 513 6167. Email: support@videodoc.co.uk
      2. In the Republic of Ireland (“ROI”) at VideoDoc LTD of 8 The Mall, Beacon Court, Sandyford, Dublin 18 D18 C2D0 Contact number: ++353 (0)1 513 6167. Email: support@videodoc.ie
  38. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and VideoDoc® (whether contractual or otherwise) shall be governed by, and construed in accordance with Irish Law in the ROI and English law in the UK and Internationally.
    2. If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and VideoDoc®, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts in England or the Republic of Ireland. If you are resident in the UK you may also bring an action in the Courts of Wales, Scotland, or Northern Ireland, as determined by your residency.
  39. Version Date
    1. These Terms and Conditions, and the relationship between you and VideoDoc® are dated 27th August 2015 and should be construed with in conjunction with our Privacy Policy dated 27th August 2015 and Medical Consent Policy dated 27th August 2015.