YOURDOC MEDICAL LIMITED

TERMS AND CONDITIONS OF BUSINESS FOR CONSUMERS

1.   DEFINITIONS

In these Conditions the following words shall have the meaning set out opposite them:

1.1          “the Acknowledgement of Order” shall mean YourDoc’s written acknowledgement of the Client’s Order, incorporating these Conditions;

1.2          “the Client” shall mean any person from whom or from which YourDoc accepts an Order to supply the Services;

1.3          “the Goods” shall mean any products on YourDoc’s website, as listed and updated from time to time, and which can be order separately to the Services, or in addition to the Services by the Client;

1.4          “the Order” shall mean the order placed with YourDoc by the Client;

1.5          “the Quotation” shall mean YourDoc’s written quotation for the Services supplied to the Client;

1.6          “the Services” shall mean and include the services which are the subject matter of the Order as described in these Conditions and listed out in the Quotation;

1.7          “YourDoc” shall mean YourDoc Medical Limited, a company incorporated in England and Wales under company no. 6696878, whose registered office is at The Old Wheel House, 31-37 Church Road, Reigate, Surrey, RH2 0AD. 

2.   GENERAL

All Orders for the provision of the Goods and/or Services by YourDoc are made subject to these Conditions of business and supersede any earlier sets of terms and conditions issued by YourDoc. Any changes to these Conditions must be expressly agreed to in writing in a document signed by a director in YourDoc. No other employee or agent has any authority to alter or limit the application of these Conditions in any way.

3.   SERVICES INCLUDED

3.1          YourDoc will provide access to suitably competent and qualified staff to supply a health screening service to the Client, the scope of which will be specified within the Quotation.

3.2          Any screening products involving blood tests may require a blood sample from the Client at least one week prior to the screening session taking place. Where a blood sample is required, YourDoc will liaise with the Client to facilitate a pre-screening appointment between the Client and an accredited healthcare professional. 

4.   SERVICES NOT INCLUDED

YourDoc will not provide any medical treatment or advice to the Client and YourDoc reserves the right to refer any unusual findings to the Client’s personal GP, the details of which will be requested from the Client prior to the provision of the Services. 

5.   ACCEPTANCE AND CONTRACT TERM

5.1          YourDoc reserves the right to withdraw a Quotation at any time without notice and without providing a reason. Furthermore, YourDoc reserves the right to refuse to supply a Quotation at any time without providing a reason.

5.2          Unless withdrawn in accordance with Condition 5.1, all Quotations are open to the Client for acceptance for thirty days only, commencing on the date stipulated on the Quotation. All Quotations, once accepted by the Client, remain subject to YourDoc providing an Acknowledgement of Order.

5.3          Once an Acknowledgement of Order has been issued, YourDoc and the Client agree to enter into a contract for the Goods and/or Services from the date of the Acknowledgement of Order (“the Commencement Date”) and thereafter shall continue until the Order is terminated by either party giving to the other not less than 7 days notice in writing, or until satisfactory delivery of the Goods and satisfactory completion of the Services.

5.4          Subject to YourDoc providing an Acknowledgement of Order, the placing of an Order with YourDoc shall constitute a legally binding agreement between the Client and YourDoc and the Client’s unqualified acceptance of these Conditions. The Client is advised to read the Quotation and these Conditions carefully before placing an order to ensure that they contain everything that the Client wants and nothing that the Client is not prepared to agree to.

5.5          If the Client signs up to the Wellness checkpoint health assessment questionnaire part of the Services, then that part of the Services will continue for up to 12 months. The Client may cancel this part of the Services at any time by providing 1 months’ written notice of cancellation to YourDoc. If no notice is given, this part of the Service will expire on the 1 year anniversary of the date of the Order. If the Client wishes to continue with this part of the Service, the Client can should place a new Order.

5.6          The Client may place more than one order with YourDoc and, in such circumstances, YourDoc shall supply the Goods and/or the Services to the Client in accordance with each Acknowledgement of Order it issues to the Client.

5.7          The Client should be aware that some of the Goods are delivered by download and are available immediately after the Order has been placed by the Client on the website. These Goods are clearly identified as downloads on the website, and will therefore be delivered on the same day as placing the Order. This may effect the Client’s right to cancellation, and the Client should carefully read Condition 7.7 before placing an Order for downloadable Goods.

5.7          YourDoc will also try to obtain the relevant medical and test results as part of the Services as quickly as possible, however, proposed time limits within which medical results or test results are to be received cannot be guaranteed as YourDoc is dependent on some results being provided by third party providers. The Client accepts that as these results are crucial to providing a complete and accurate report that YourDoc reserve the right to delay issuing reports to the Client until all the accurate data has been received. 

6.   PRICE AND PAYMENT

6.1          All prices quoted in any of YourDoc’s marketing material and publications, or on YourDoc’s website, are subject to alteration or withdrawal without notice.

6.2          The price for the Goods and/or the Services shall be the price quoted by YourDoc on the Acknowledgement of Order and shall be exclusive of VAT.

6.3          If the Client orders Goods, full payment is due at the time of placing the Order. An Acknowledgement of Order will be provided by YourDoc, in accordance with Condition 5.4.

6.3          If the Client orders a Service, the Client shall, on the Commencement Date, pay a deposit of 50% of the price quoted on the Acknowledgement of Order.

6.4          Except where the Client exercises their right to terminate the Order in accordance with Condition 10 below, if an Order for Services, or part of an Order for Services, is cancelled by the Client, YourDoc shall be entitled to retain all sums from the 50% deposit already paid by the Client to cover YourDoc’s reasonable costs and losses caused by the cancellation.

6.5          The balance of the price for the Services as quoted on the Acknowledgement of Order shall be payable by the Client to YourDoc within 28 days from the date of the final invoice, provided that such invoice has not been submitted for payment prior to satisfactory completion of the Services.

6.6          No payment shall be deemed to have been received until YourDoc has received cleared funds.

6.7          If the Client fails to pay any amount due for the Services within the time limits stipulated in these Conditions, YourDoc reserves the right to charge the Client interest on the overdue amount from the due date up to the date of actual payment, after as well as before judgment, at the rate of 3% per annum above the base rate for the time being of Bank of England. Such interest shall accrue on a daily basis and be compounded quarterly. 

7.   CANCELLATION CHARGES

7.1          Apart from Orders for Goods described in Condition 7.7, the Client is entitled to cancel the Order for the provision of Services by providing written notice to YourDoc within 7 working days from the date the Order was placed (“the Cooling Off Period”). A working day is considered to be Monday to Friday between the hours of 9am and 5.30pm, excluding any bank or public holidays.

7.2          However, if the Services are to be provided, at the Client’s request, before the end of the Cooling Off Period, the Client’s right to cancel shall automatically end when YourDoc start to perform the Services.

7.3          As soon as YourDoc receive notice of your cancellation of your Order on the basis set out in Condition 7.1, YourDoc will refund the relevant part of the purchase price in respect of the cancelled Order.

7.4          If the Client is unable, for any reason whatsoever, to attend a scheduled appointment for the Services, the Client must provide written notice of cancellation to YourDoc not less than 48 hours in advance of the scheduled appointment.

7.5          In the event that the Client fails to provide adequate notice of cancellation in accordance with Condition 7.4 and YourDoc is unable to find another Client who requires the same Service to attend the scheduled appointment, YourDoc reserves the right to charge the Client a cancellation fee of 50% of the cost of the scheduled appointment (“Cancellation Fee”) by retaining the 50% deposit already paid by the Client. The Cancellation Fee will be used by YourDoc to cover all reasonable expenses and losses caused by the cancellation.

7.6          A health questionnaire (“the Questionnaire”) shall be provided to the Client and must be completed by the Client ahead of the scheduled appointment. It is the Client’s responsibility to ensure that they complete and submit the Questionnaire to YourDoc not less than two days in advance of the Client’s scheduled appointment. In the event that the Questionnaire is not received in accordance with this Condition, YourDoc reserves the right to treat the appointment as cancelled and charge the Client a Cancellation Fee.

7.7          If the Client orders Goods which are delivered via a download, these Goods, due to their nature, cannot be cancelled or returned, as delivery occurs immediately after the Order has been placed.

7.8          If the Client has ordered any Goods which are not delivered via a download, the Client has the right to cancel the Order for such Goods within the Cooling Off Period and will receive a refund within 30 days from the date the cancellation is received on.

7.9          Once an Order has been cancelled, the Client must return any Goods that it has received in the original packaging to YourDoc, at the Client’s own expense, and within 28 days of the cancellation of the Order. If the Goods are not received by YourDoc at the expiry of the 28 day period, YourDoc reserves the right to recover the Goods from the Client and to deduct the cost of recovering the Goods from any refund due to the Client. 

8.   CONFIDENTIALITY

8.1          For the purpose of these Conditions “Confidential Information” shall mean all medical information in respect of the Client of whatever nature and however discovered, recorded or preserved.

8.2          YourDoc shall keep confidential all of the Confidential Information and will not disclose it to any third party or use it except as otherwise permitted in these Conditions.

8.3          YourDoc may disclose the Confidential Information to YourDoc’s employees, officers, professional representatives or advisers, sub-contractors and agents, provided that such data cannot be used to identify an individual Client and that such persons are in receipt of such data for the purpose of exercising or performing the party’s rights and obligations under the Order and these Conditions.

8.4          YourDoc will not disclose the Confidential Information in any way that will identify an individual Client to a registered General Practitioner of the Client or any other third party unless the Client has given YourDoc their express prior written permission to do so within the Questionnaire.

8.5          Notwithstanding any other provision of these Conditions, it shall not be a breach of these Conditions for YourDoc to disclose any of the Confidential Information pursuant to a court order or a binding request from a regulatory (or other analogous) authority with jurisdiction or from any other third party with power to require the disclosure of such information, provided that (to the extent it is permitted to do so) YourDoc gives all reasonable notice of such disclosure to the Client.

8.6          The terms of this Condition shall continue to apply after the contract for the Services has ended between YourDoc and the Client.

 9.   FORCE MAJEURE

YourDoc will not be liable for any failure to perform the Goods and/or Services due to circumstances beyond its reasonable control including, but not limited to, acts of god, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce).

 10. TERMINATION

Either party shall be entitled without prejudice to any other right or remedy accrued, or accruing, to terminate the Order immediately in whole or in part if either party:

10.1       shall become bankrupt, insolvent or unable to pay its debts in accordance with these Conditions or pay its debts generally as set out within the Insolvency Act 1986 (as amended from time to time); and/or

10.2        commits any fundamental breach of its obligations under the Order and the breaching party fails to rectify any breach capable of remedy within seven days of receipt of written notice from the party requiring remedy of the breach.

 11. NOTICES

11.1        All notices to be served by either party on the other shall be deemed to be properly served if sent by first class post to the address given in the last written communication received from the recipient party.

11.2        A notice or demand served by first class post shall be deemed duly served two working days after posting and in proving service of the same it shall be sufficient to prove that such letter was properly stamped or franked first class, addressed and placed in the post to the addressee at the address referred to above. 

12. DATA PROTECTION

YourDoc shall comply in all material respects with the Data Protection Act 1998. 

13. VARIATION

No variation of these Conditions shall be valid unless it is expressly agreed in writing in a document signed by a director in YourDoc and the Client.

 14. ASSIGNMENT

Neither party may sub-contract or assign the Order in whole or in part to any person except with the prior written consent of the other party, such consent not to be unreasonably withheld. 

15. THIRD PARTY RIGHTS

Nothing in these terms and conditions is intended to confer any benefit on any third party (whether referred to by name, class, description or otherwise) or any right to enforce a term contained in these terms and conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.

 16. SEVERABILITY

If any Condition, in whole or in part, is held to any extent to be illegal or that extent be deemed not to form part of these Conditions and the enforceability of the remaining Conditions shall not be affected.

 17. GOVERNING LAW AND JURISDICTION

These Conditions shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English Courts.