Last updated 21st November 2016
These Terms apply to the contract between you and Medstars for the provision of access to Medstars’ Website as referred to above as well as associated services referred to on Medstars’ Website and/or in these Terms (the contract formed between you and Medstars being referred to as the Contract). Please read these Terms carefully and make sure that you understand them, before using Medstars’ Website. Please note that before registering you will be asked to agree to these Terms. If you refuse to accept these Terms, you are not permitted to use Medstars’ Website.
References in these Terms to “you” are collectively to: (1) you as the user (User) of this Website; as well as (2) to any third party on whose behalf the User is requesting a patient appointment via the Website (in such circumstances the User confirms that he or she is also acting as an authorised agent to bind such patient to the Terms (unless the patient is a minor, in which case the references to “you” are to you as the patient’s authorised representative; in such circumstances you also agree that the patient will not undertake any act or omission which if undertaken by you would constitute a breach of the Terms).
You should print a copy of these Terms or save them to your computer for future reference.
Medstars amends these Terms from time to time as set out in clause 7. Every time you wish to use the Website, please check these Terms to ensure you understand the terms which will apply at that time. If Medstars makes any changes, Medstars will confirm the date that any updated Terms were uploaded as well as the clauses which were changed in this paragraph. These Terms are version 21 November 2016.
These Terms, and any Contract between you and Medstars, are only in the English language.
1. INFORMATION ABOUT MEDSTARS
1.1 Medstars operates the Website www.MedStars.co.uk. MedStars is MedStars Limited, a company registered in England and Wales under company number 08982663 and with its registered office at The Oakley, Kidderminster Road, Droitwich WR9 9AY. Its main trading address is iCentrum, Innovation Birmingham Campus, Holt Street, Birmingham B7 4BP. Its VAT number is 185 7417 74.
1.2 Contacting Medstars or you:
(a) If you wish to contact Medstars for any other reason, including because you have any complaints, you can contact Medstars by telephoning its customer service team at 0330 088 9279 or by e-mailing Medstars at email@example.com.
(b) If Medstars has to contact you or give you notice in writing, Medstars will do so by e-mail or by pre-paid post to the address you provide to Medstars.
2. MEDSTARS' SERVICES
2.1 Medstars offers a platform to permit consumers (rather than businesses) to submit requests for appointments with registered medical practitioners.
2.2 Medstars provides details of medical practitioners registered on its Website in various different health areas.
2.3 Medstars has not vetted the medical practitioners, but all medical practitioners shown on its Website are required to be registered with one of the UK’s 9 statutory regulators:
(a) the General Chiropractic Council (GCC);
(b) the General Dental Council (GDC);
(c) the General Medical Council (GMC);
(d) the General Optic Council (GOC);
(e) the General Osteopathic Council (GOsC);
(f) the General Pharmaceutical Council (GPhC);
(g) the Health and Care Professions Council (HCPC);
(h) the Nursing and Midwifery Council (HCPC); or
(i) the Pharmaceutical Society of Northern Ireland (PSNI).
2.4 As Medstars has not vetted the medical practitioners, and it would not be practical for Medstars to do so, Medstars shows details of the profiles presented by the respective medical practitioners as well as feedback submitted by other consumers who have used MedStars’ Website to request appointments with such medical practitioners.
2.5 The feedback provided by the consumers is the opinion solely of the respective individuals providing such feedback. It does not reflect Medstars’ views. However, you may find such feedback of interest which is why Medstars displays it. Please do not use such feedback as the basis of your decision whether to select a particular medical practitioner or not, as you can appreciate, the accuracy of such feedback is not something which Medstars can vet, and different individuals have different opinions of medical practitioners and the services which they receive. Medstars has been informed that certain individuals do prefer to see such feedback, so Medstars is making it available for your interest.
2.6 If you make an appointment booking request using Medstars’ Website, then that is simply that, namely a request to make an appointment booking. Medstars will put forward your appointment booking request to your selected medical practitioner on its Website (such appointment booking request being referred to as the Booking Request).. If you then proceed to make that booking and pay the respective fee then you will be making an offer to enter into a separate arrangement with that medical practitioner (rather than with Medstars) for your appointment in accordance with the medical practitioner’s terms and conditions. The medical practitioner will then let you know whether or not your booking is confirmed at which point you will have entered into a contract with that medical practitioner for your booking with them (Medical Practitioner Contract). So it is important for you to bear in mind that Medstars is just providing the booking platform, the actual booking and health services are an arrangement between you and your selected medical practitioner in respect of the Medical Practitioner Contract and not Medstars. Medstars refers to the arrangements in respect of the Medical Practitioner Contract here, not because the Medical Practitioner Contract is part of the Terms or the Contract (as quite to the contrary, the Medical Practitioner Contract is neither part of the Terms nor the Contract), but simply for information purposes to provide clarity with regard to the responsibilities and obligations which Medstars has, which are separate from those of the medical practitioner.
2.7 As should be clear from clause 2.6 above, Medstars does not provide any assurance that you will actually obtain an appointment with a particular medical practitioner. Any appointment will only be made when the respective medical practitioner confirms this under the Medical Practitioner Contract.
2.8 Following your appointment with a medical practitioner, you will be provided with an opportunity to provide feedback on such an individual and your experience with them. It is your choice whether or not you choose to provide such feedback. If you do decide to provide such feedback then Medstars will display it on its Website and it will be available to view by the respective medical practitioner (and others) as well. It is therefore important that you provide honest feedback which is expressed in a courteous and professional manner. You need to bear in mind that you will be personally responsible for any consequences arising from your feedback, in case anyone finds the feedback objectionable on any grounds. Making certain unlawful remarks could result in your incurring civil and criminal liability, including for defamation. So please choose your feedback wording very carefully. You do agree that you will meet all such liability arising from your feedback, whether that is to the respective medical practitioner, Medstars or any other third party.
2.9 Medstars does not guarantee that its Website, or any content on it, will always be available or be uninterrupted. Access to its Website is permitted on a temporary basis. Medstars may suspend, withdraw, discontinue or change all or any part of its Website without notice (except as otherwise stated in these Terms). MedStars will not be liable to you if for any reason its Website is unavailable at any time or for any period.
ACCOUNT AND PASSWORD
2.10 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Medstars’ security procedures, you must treat such information as confidential. You must not disclose it to any third party.
2.12 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Medstars by emailing Medstars at help@MedStars.co.uk
3. USE OF MEDSTARS' WEBSITE
3.1 Medstars’ Website must not be framed on any other Website, nor nor may you create a link to any part of Medstars’ Website other than the home page.
3.2 You may link to our home page or your profile page, provided you do so in a way that is fair and legal and does not damage Medstars reputation or take advantage of it.
3.3 You must not establish a link to our Website in any website that is not owned by you.
3.4 We reserve the right to withdraw linking permission without notice.
3.5 The website to which you are linking must comply in all aspects with the content standards set out in our Content Standards as referred to under the ‘Content Standards’ subheading referred to below in this clause 3
3.6 If you wish to make use of Content on our website other than set out above, please contact firstname.lastname@example.org
3.7 Where Medstars’ Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Medstars has no control over the contents of those websites or resources.
3.8 You may use Medstars’ Website only for lawful purposes. You may not use Medstars’ Website:
(a) In any way that breaches any applicable local, national or international law or regulation;
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) For the purpose of harming or attempting to harm minors in any way;
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with Medstars’ content standards as referred to under the ‘Content Standards’ subheading referred to below in this clause 3;
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); nor
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3.9 You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of Medstars’ Website nor its features, content or services;
(b) Not to access without authority, interfere with, damage or disrupt:
(i) any part of Medstars’ Website;
(ii) any equipment or network on which Medstars’ Website is stored;
(iii) any software used in the provision of Medstars’ Website; or
(iv) any equipment or network or software owned or used by any third party.
3.10 Medstars has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Medstars’ Website constitutes a violation of their intellectual property rights, or of their right to privacy.
3.11 Medstars will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of Medstars’ Website.
3.12 Medstars has the right to remove any posting you make on Medstars’ Website if, in Medstars’ opinion, your post does not comply with the content standards set out in the Terms.
3.13 The views expressed by other users on Medstars’ Website do not represent Medstars’ views or values.
3.14 Medstars may from time to time provide interactive services on Medstars’ Website, including, without limitation:
(a) Chat rooms;
(b) Bulletin boards; and
(c) Feedback forums and feedback facilities;
3.15 You grant to Medstars and other users of the Website a limited licence to use, store and copy the content which you upload to Medstars’ Website via the interactive services and to distribute and make it available to third parties.
3.16 Where Medstars provides any interactive service, Medstars reserves the right to moderate it, although Medstars does not participate in active monitoring of all entries made via Medstars’ interactive services by users.
3.17 Medstars will use its reasonable endeavours to assess certain risks for users from third parties when they use any interactive service provided on Medstars’ Website, and Medstars will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, Medstars is under no obligation to oversee, monitor or moderate any interactive service Medstars provides on Medstars’ Website, and Medstars expressly excludes its liability for any loss or damage arising from the use of any interactive service by a user in contravention of Medstars’ content standards, whether the service is moderated or not.
3.18 Where Medstars moderates an interactive service, Medstars will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3.19 These content standards apply to any and all material which you contribute to Medstars’ Website (contributions), and to any interactive services associated with it.
3.20 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
3.21 Contributions must:
(a) Be accurate (where they state facts);
(b) Be genuinely held (where they state opinions); and
(c) Comply with applicable law in England and in any country from which they are posted.
3.22 Contributions must not:
(a) Contain any material which is defamatory of any person;
(b) Contain any material which is obscene, offensive, hateful or inflammatory;
(c) Promote sexually explicit material;
(d) Promote violence;
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) Infringe any copyright, database right or trade mark of any other person;
(g) Be likely to deceive any person;
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) Promote any illegal activity;
(j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person;
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(m) Give the impression that they emanate from Medstars, if this is not the case; nor
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
3.23 Failure to comply with this clause 3 constitutes a material breach of the Terms upon which you are permitted to use Medstars’ Website, and may result in Medstars taking all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use Medstars’ Website;
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to Medstars’ Website;
(c) Issue of a warning to you;
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) Further legal action against you;
(f) Disclosure of such information to law enforcement authorities as Medstars reasonably feels is necessary.
3.24 The responses described in clause 3.18 above are not limited, and Medstars may take any other action Medstars reasonably deems appropriate.
NO RELIANCE ON INFORMATION & NO MEDICAL ADVICE
3.25 The content on MedStars’ Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on MedStars’ Website.
3.26 Although MedStars makes reasonable efforts to update the information on MedStars’ Website, MedStars makes no representations, warranties or guarantees, whether express or implied, that the content on MedStars’ Website is accurate, complete or up-to-date.
3.27 It is the sole responsibility of the Medical Practitioner to be eligible and capable of providing the appropriate medical advice, treatment, assistance or procedure.
3.28 You are ultimately responsible for choosing your own medical practitioner. Any arrangement, booking or contract for the provision of medical advice, assistance, diagnosis, treatment or procedure with any Medical Practitioner listed on the Website is made directly between you and the Medical Practitioner and Medstars is not a party to such an arrangement, booking or contract. You acknowledge and agree that any compliant, grievance or any claim you may have that is in any way connected with a Medical Practitioner and/or Medical Practitioner’s practice must be addressed and/or brought directly against the Medical Practitioner and/or their practice and not against Medstars.
3.29 Please note that the Content on the Website is provided solely for your information and you use the Website at your own risk. The Content does not provide you with advice or recommendation of any kind and must never be used as a substitute for, nor does it replace, professional medical advice, diagnosis, assistance or treatment or procedure. Nothing stated or posted on the Website is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the provision of medical care. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider based on what you have read on the Website and do not use the Website for emergency medical care or needs. In a medical emergency, immediately contact the emergency services.
4. HOW MEDSTARS USES YOUR PERSONAL INFORMATION
5. YOU ARE A CONSUMER
5.1 You confirm that you are a consumer and you agree that the User may only use MedStars’ Website if you are at least 18 years old.
5.2 Normally consumers have certain rights to cancel contracts made at a distance or over the internet. Since this contract is simply for allowing you access to Medstars’ Website and to request patient bookings with medical practitioners (with the Medical Practitioner Contract being an arrangement between you and the respective medical practitioner rather than MedStars, as referred to above in clause 2.6). Consequently, in Medstars’ view a cancellation right is not applicable.
5.3 You are hereby requesting and consenting to Medstars to provide you with immediate access to the Website and the booking system and you agree that you lose any right of withdrawal from acceptance of these Terms, once you have confirmed your agreement to the Terms.
6. HOW A BOOKING REQUEST IS MADE
6.1 MedStars’ Website pages will guide you through the steps you need to take to make a Booking Request. MedStars’ Booking Request process allows you to check and amend any errors before submitting your Booking Request to the respective medical practitioner. Please take the time to read and check your Booking Request.
6.2 After you place a Booking Request,, your Booking Request will be provisionally booked with the respective medical practitioner. However, please note that this does not mean that your Booking Request has been accepted by the respective medical practitioner. The acceptance of your Booking Request by the medical practitioner will take place by email and/or through the Medstars Website.
6.3 If you are a representative making a Booking Request on behalf of the patient, you as a User confirm that: you as a User are authorised to act on behalf of the patient; and additionally where the patient is not a minor that you as a User (acting as an authorised agent) agree that the patient accepts these Terms.
6.4 You remain liable for any fees or costs or other liabilities that you incur with the medical practitioner.
7. NO MEDICAL PRACTITIONER/PATIENT RELATIONSHIP
7.1 No licenced Medical Practitioner/patient relationship is created by using the Website or through any other communications with Medstars. Medstars is simply a website in which you can identify and engage with Medical Practitioners.
7.2 Medstars has no control over, and cannot guarantee the availability of any Medical Practitioner at any particular time. We will not be liable for cancelled appointments, or any injury resulting or arising from or related to the use of the Website whatsoever.
7.3 You are strongly advised to perform your own investigation on the Medical Practitioner prior to selecting the Medical Practitioner, including, but not limited to, by making confirmatory telephone calls to the appropriate licensing or certification authorities to verify listed credentials and by visiting the Medical Practitioner’s practice during a working day, contacting and speaking with your current Medical Practitioner and the medical asociations(s) relevant to the Medical Pracitioner’s specialty.
8. MEDSTARS' RIGHT TO VARY THESE TERMS
8.1 Medstars amends these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you access Medstars’ Website, the Terms in force at the time of your access will apply to the Contract between you and Medstars.
9. PRICE OF SERVICES
9.1 The prices of the respective medical practitioner’s services (the medical practitioner’s services being referred to as the Medical Services) shown on MedStars’ Website are those which the respective medical practitioner has stated are applicable at the time you make a Booking Request. MedStars takes reasonable care to ensure that the prices shown are those provided by the respective medical practitioner at the time when the relevant information was entered onto the system. However, please see clause 9.5 for what happens if there is an error in the prices of the Medical Services in respect of which you submitted a Booking Request.
9.2 Prices for the Medical Services may change from time to time, but changes will not affect any Booking Request you have already placed, except as stated in clause 9.5 or by the respective medical practitioner in accordance with the Medical Practitioner Contract.
9.3 The price of Medical Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
9.4 The price of Medical Services does not include charges for any additional tests, checks, prescriptions, medical equipment or follow up appointments arranged as a result of you seeing the respective medical practitioner. Any additional charges which are applicable will be a matter between you and the respective medical practitioner in accordance with the Medical Practitioner Contract and any arrangements which you agree with the respective medical practitioner at, or following, your respective appointment with such medical practitioner.
9.5 Medstars’ Website contains a large number of Medical Services. It is always possible that, despite Medstars’ reasonable efforts, some of the Medical Services on Medstars’ Website may be incorrectly priced. You agree to check the Price of the respective Medical Services as part of confirming a Booking Request, and:
(a) where the Medical Services’ correct price is less than the price stated on MedStars’ Website, the medical practitioner will charge the lower amount when confirming the appointment to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, the medical practitioner will not have to provide the Medical Services to you at the incorrect (lower) price; and
(b) if the Medical Services’ correct price is higher than the price stated on MedStars’ Website, the respective medical practitioner will contact you as part of the booking confirmation process to inform you of this error and will give you the option of continuing to proceed with the appointment confirmation at the correct price or cancelling your appointment.
10.1 MedStars does not charge you for accessing MedStars’ Website. Instead, you are charged by the respective medical practitioner under the Medical Practitioner Contract when you submit a Booking Request.
10.2 Although, the payment is taken and processed by MedStars on behalf of the respective medical practitioner for the Medical Services, the payment for such services is the arrangement between you and the medical practitioner under the Medical Practitioner Contract. Consequently, any payment issues and refund requests must be directed by you to the respective medical practitioner and not MedStars.
10.3 Medstars will charge you any payment transaction costs incurred by Medstars in respect of accepting or making any payments in relation to the Booking Request.
11. MEDSTARS' LIABILITY
11.1 If MedStars fails to comply with these Terms, Medstars is responsible for loss or damage you suffer that is a foreseeable result of Medstars’ breach of these Terms or Medstars’ negligence, but Medstars is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Medstars’ breach or if it was contemplated by you and Medstars at the time Medstars entered into this Contract.
11.2 Medstars only makes available access to Medstars’ Website for domestic and private use. You agree not to use Medstars’ Website for any commercial, business or resale purposes, and Medstars has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 Nothing in these Terms excludes or limits Medstars' liability for:
(a) death or personal injury caused by Medstars' negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987; and
(f) any liability which may not be lawfully limited or excluded.
11.4 Medstars does not provide any assurances in respect of the quality or services which you will receive from the respective medical practitioners, and any issues with regard to such quality of services is a matter for you to take up directly with the respective medical practitioner under the respective Medical Practitioner Contract.
11.5 You should use your own virus protection software. Medstars will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Medstars’ Website or to your downloading of any content on it, or on any website linked to it.
11.6 Medstars assumes no responsibility for the content of websites linked from Medstars’ Website. Such links should not be interpreted as endorsement by Medstars of those linked websites. Medstars will not be liable for any loss or damage that may arise from your use of them.
11.7 To the extent that Medstars is held to be legally liable to you, Medstars limits its total liability in respect of all claims and Contracts to you, collectively to a total sum of £10. Of course, this £10 limit does not apply to any liability falling within the scope of clause 11.3 above.
11.8 Nothing in these Terms affects your statutory rights.
12. EVENTS OUTSIDE MEDSTARS' CONTROL
12.1 Medstars will not be liable nor responsible for any failure to perform, or delay in performance of, any of Medstars’ obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2 An Event Outside Our Control means any act or event beyond Medstars’ reasonable control.
12.3 If an Event Outside Our Control takes place that affects the performance of Medstars’ obligations under a Contract:
(a) Medstars will contact you (whether by way of a notice on Medstars’ Website or otherwise) as soon as reasonably possible to notify you; and
(b) Medstars’ obligations under a Contract will be suspended and the time for performance of Medstars’ obligations will be extended for the duration of the Event Outside Our Control.
13. COMMUNICATION BETWEEN YOU AND MEDSTARS
13.1 When MedStars refers in these Terms to, "in writing", this will include e-mail.
14. OTHER IMPORTANT TERMS
14.1 Medstars may transfer its rights and obligations under a Contract to another organisation, but this will not affect your rights or Medstars’ obligations under these Terms. Medstars will always notify you in writing or by posting on this Website if this happens. 14.2 You may not assign the Contract, nor any of your obligations under the Contract.
14.2 You may only transfer your rights or your obligations under these Terms to another person if Medstars agrees in writing. However if you are making a Booking Request on behalf of another consumer, you confirm that you are authorised by such person to accept the Terms and the Contract on their behalf.
14.3 This Contract is between you and Medstars (except as provided in Clause 14.2 above). No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Medstars and you will not need any third party’s consent to cancel or make any changes to these Terms.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If Medstars fails to insist that you perform any of your obligations under these Terms, or if Medstars does not enforce its rights against you, or if Medstars delays in doing so, that will not mean that Medstars has waived its rights against you and will not mean that you do not have to comply with those obligations. If Medstars waives a default by you, Medstars will only do so in writing, and that will not mean that MedStars will automatically waive any later default by you.
14.6 Please note that these Terms are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it will be governed by English law. You and Medstars both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.