Terms of Service

Definition

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly through our partners or distributors made available online, through any mobile device, by email or telephone. By accessing, browsing or using our website or any of our applications through any platform (hereafter collectively referred to as the ‘website’) and/or by completing a reservation you acknowledge that you have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the website (the ‘service’) are owned, operated and provided by Doctolo (‘Doctolo’, ‘us’, ‘we’ or ‘our’) and are provided for you personal, non-commercial use only, subject to the terms and conditions set out below.

The website

Through the website we (Doctolo and affiliate partners) provide an online platform that allows individuals and practices to advertise their services for reservation and through which visitors to the website can make such reservations. By making a reservation through Doctolo, you enter into a direct (legally binding) contractual relationship with the entity with which you book. From the point at which you make your reservation we act solely as an intermediary between you and the service provider (Provider), transmitting the details of your reservation to the relevant Provider and sending you a confirmation email for and on behalf of the Provider.

The service

When rendering our services, the information we disclose is based on the information provided to us by the Provider. As such, the Providers are given access to a dashboard to update their availability and professional information which is displayed on our website. Although we use reasonable skill and care in performing our services, we will not verify if and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors) any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Provider remains responsible at all times for the accuracy, completeness and correctness of the descriptive information including availability displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any event made available.

How to use the website

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, copy, monitor (e.g. spider, scrape) display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

How the Site and Services Work

The Site and Services can be used to facilitate the listing and booking of healthcare remote services ("Service"). Such Services are included in Listings on the Site and Services by Providers. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to communicate with a Provider or create a Listing, you must first register to create an Doctolo Account (defined below).

As stated above, Doctolo makes available an online platform or marketplace with related technology for Patients and Providers to meet online and arrange for bookings of Services directly with each other. Doctolo is not an owner or operator of properties or Services, including, but not limited to, practice spaces, offices, nor is it a provider of healthcare properties or Services, including, but not limited to, practice spaces, offices. Unless explicitly specified otherwise in the Doctolo platform, Doctolo's responsibilities are limited to: (a) facilitating the availability of the Site and Services and (b) serving as the limited payment collection agent of each Provider for the purpose of accepting payments from Patients on behalf of the Provider.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PROVIDERS AND PATIENTS CONNECTING AND BOOKING SERVICES DIRECTLY WITH EACH OTHER. DOCTOLO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICES. DOCTOLO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.

Use of Service & Events

Use of the Service is subject to prior registration and your continued compliance with these Terms. You must be at least eighteen (18) years of age to register to use and to use the Service. The Service is intended solely for your personal use. You agree to register as an authorised user of the Service and by doing so you warrant that you are over eighteen (18) years of age and resident in the United Kingdom. You agree to not disclose your authorisation credentials (password) to any third party. You agree not to register or complete consultations through the Service for anyone other than yourself.

Moreover, you represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. Use of the Service is unauthorized in any jurisdiction where the Service or any part of it may violate any laws or regulations. You agree not to access or use the Service in such jurisdictions. You agree not to provide inaccurate, misleading or false information in connection with your use of the Service. If information you have provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

We reserve the right to require our prior or later acceptance for registration. We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory.

An Event through the Service shall be subject to a fee charged by the Provider (the “Fee”). The Fee may be amended from time and the currently valid Fee will always be indicated in the Service prior to your access to a Medical Session. The approximate total length of each Event is up to fifteen (15) minutes; however, the exact length may vary and you won’t be eligible for any prorated refund of any portion of the Fee or other applicable fees paid in the event that the Medical Session lasts for less than fifteen (15) minutes. If the video connection for some reason fails to be established or is interrupted, the Fee will not be charged from you. If the Service is busy, remaining on the line is free of charge. By using the Service you agree to pay all the fees associated with your use of the Service. You also give your authorization to charge you for any sales or similar taxes that may be imposed on your fees. Applicable Fees will be charged from you and payments will become due upon any Medical Sessions, and you give your authorization to charge you using the payment method(s) available in the Service (the “Designated Payment Method”).

Billing

You agree and acknowledge that any billing errors or mistakes that may have been made can be corrected even if the payment has already been requested or received from you. The terms of your payment will be based on your Designated Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of the Designated Payment Method.

Payment time

You acknowledge and agree that the provision of the Service subject to the Fee commences immediately upon the commencement of the Event. You are responsible for providing valid credit or debit card details and in doing so you are authorising us to take payment in full for the Service and warrant that you are authorised to use the card.

Please note that the use of the Service requires access to the internet, which may be subject to additional fees charged by your operator.

You undertake and warrant that all information provided by you in your registration for and use of the Service is true and complete.

The Providers take exactly the same personal responsibility for each patient as they would if they were seeing a patient face to face. The nature of the Service in no way diminishes the professional obligations that the Providers owe to a patient. To provide a medical diagnosis or instigate further treatment, a further consultation will be required. Further consultations may include a clinical examination and further investigations prior to commencing any proposed treatment.

Not For Use The Service in Emergencies

Never use the Service in a potential or acute medical emergency. Seek the advice of a qualified doctor or health professional. Do not delay seeking medical care because of any information you have read or learn through the Service.

Medical Advice

The medical advice provided by a Provider is based on your recall of the description of the symptoms affecting you and provided to the Provider either in the form of personal health data you submit to the Provider initially or during the consultation. A significant part of the medical advice you receive is based on the information you supply to the Provider. Therefore it is entirely your responsibility to present information when questioned in as much detail as possible as the accuracy of the information you provide informs the advice provided.

You warrant without exception that any information you provide is honest, legitimate and an accurate representation of your situation as you see it. With regard to information you provide from other service providers or otherwise upload to the Service, you warrant and confirm that such additional information is accurate, legally provided and has not been tampered with.

You understand and accept that you may choose to give access only to certain portions of your medical information, but that by doing so this may interfere with the care you receive from Providers and/or your care generally. You understand and agree that you may NOT under any circumstances amend, alter or tamper with the contents of any documents created on the Service and/or issued to you via the Service.

At any time you may be notified that information is available for your review that is considered private and possibly time-sensitive, so you should consider ease of access when determining which email address you use for your Account.

Privacy and Security

Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy and familiarize yourself with the choices you can make about the way in which we collect and use personal data about you. In addition to what is stated in the Privacy Policy (and in Patient Records), you agree not to provide any false personal data to us or create any user account for anyone other than yourself.

Moreover, by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with our Privacy Policy (and in Patient Records) and applicable laws and regulations related to personal data. You understand and accept that network and mobile services are not entirely secure. You are responsible for the security of your own devices, systems, credentials, and actions. Please be reminded that you must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password.

Patient Records

Patient records shall be drafted, stored, disclosed and be kept confidential in accordance with applicable legislation and the Privacy Policy [and the Patient Records Privacy Policy].

You give your consent for information about yourself, your health and your medical history including, but not limited to, the information you divulge as part of the consultation assessment to be viewed and exchanged by and between us and the Medical Professionals, for the purpose of conducting a medical consultation. You understand this information may be exchanged electronically.

Bookings and Financial Terms

Key definitions

"Payment Fees" means the fee that Doctolo charges a Provider to accept payment which is associated with the cost of taking a payment from the Patient.

"Provider Fees" means the fee that Doctolo charges a Provider for the use of the Services, which is calculated as a percentage of the applicable Service Fees. The Provider Fees will be displayed to the Provider when the Provider is asked whether to confirm or reject a booking request from a prospective Patient.

"Service Fees" means collectively the Payment Fees and the Provider Fees.

"Total Fees" means collectively the Service Fees plus any Taxes.

Bookings and Financial Terms for Providers and Patients

If you are a Provider and a booking is requested for your Service via the Site or Services, you will be required to either reject the booking request within the Booking Request Period, which is 48hrs otherwise the booking will proceed. When a booking is requested via the Site or Services, we will share with you (a) the first and last name of the Patient who has requested the booking, (b) a link to the Patient's Doctolo Account profile page, (iii) an indication of whether or not the Patient has provided other information to Doctolo, such as a verified email address. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Doctolo for the requested booking will be refunded to the applicable Patient's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Patient, Doctolo will send you an email, confirming such booking, depending on the selections you make via the Site and Services.

Doctolo Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Patient confirms the booking request by paying the booking deposit or full fee due) and will initiate payment of the Service Fees (less Doctolo's Provider Fees and any Taxes in respect of the Provider Fees) to the Provider on a fortnightly payment schedule (except to the extent that a refund is due to the Patient). The time it takes for the Provider to receive payouts may depend upon the payout method chosen by the Provider. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Provider, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount via Doctolo Payments to Doctolo (whether as a result of your bookings or actions as a Patient or otherwise), then Doctolo Payments may (but is not obliged to) withhold the amount owing to Doctolo from any payout amounts due to you as a Provider, and use the withheld amount to setoff the amount owed by you to Doctolo. If Doctolo Payments does so, then your obligation to pay Doctolo will be extinguished to the extent of the amount withheld by Doctolo Payments, and Doctolo will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Doctolo by you. Such communication may be made by Doctolo or by anyone on its behalf, including but not limited to a third party collection agent.

Appointment of Doctolo Payments as Limited Payment Collection Agent for Provider

Each Provider hereby appoints Doctolo Payments as the Provider's limited payment collection agent solely for the purpose of accepting the Service Fees from Patients.

Each Provider agrees that payment made by a Patient through Doctolo Payments, shall be considered the same as a payment made directly to the Provider, and the Provider will make the Service available to the Patient in the agreed-upon manner as if the Provider has received the Service Fees. Each Provider agrees that Doctolo may, in accordance with the cancellation policy selected by the Provider and reflected in the relevant Listing, (i) permit the Patient to cancel the booking and (ii) refund (via Doctolo Payments) to the Patient that portion of the Service Fees specified in the applicable cancellation policy. Each Provider understands that as Doctolo Payments accepts payments from Patients as the Provider's limited payment collection agent and that Doctolo Payments' obligation to pay the Provider is subject to and conditional upon successful receipt of the associated payments from Patients. Doctolo does not guarantee payments to Providers for amounts that have not been successfully received by Doctolo Payments from Patients. In accepting appointment as the limited authorized agent of the Provider, Doctolo Payments assumes no liability for any acts or omissions of the Provider.

Please note that Doctolo does not currently charge fees for the creation of Listings. However, you as a Provider acknowledge and agree that Doctolo reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Doctolo will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.

Service Fees

In consideration for the use of Doctolo's online marketplace and platform, Doctolo charges the Service Fees. Where applicable, Taxes may also be charged in respect of the Provider Fees and Payment Fees. Doctolo Payments deducts the Provider Fees from the Service Fees before remitting the balance to the Provider as described in these Terms. Payment Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Doctolo Payments to Providers via PayPal or direct deposit or other payment methods, as described on the Site or via the Application, in the Provider's currency of choice, depending upon the selections the Provider makes via the Site and Services. Amounts may be rounded up or down as described the "Rounding Off" section below.

Please note that Doctolo Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by Doctolo in currencies other than U.K. pounds sterling. More information on any such costs or deductions will be available via the Site. Except as otherwise provided herein, Service Fees are non-refundable.

Correspondence

By completing a booking you agree to receive (i) an email which we may send to you shortly prior to your arrival date giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your booking and destination and (ii) an email which we may send to you promptly after your stay inviting you to complete our Patient review form. Other than the email confirmation providing for the confirmation of the booking, the Patient review invitation and the emails for which you may have actively opted in, we shall not send you any further (solicited or unsolicited) notices, emails or correspondence unless you specifically agree otherwise.

Patient Reviews

The completed Patient review may be (a) uploaded to the relevant Provider’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the event and (b) (wholly or partly) used and placed by Doctolo at its sole discretion for marketing, promotion or improvement of our service, on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, Providered, used or controlled by Doctolo. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The Patient review form should be regarded as a survey and does not include any further commercial offers, invitations or incentives whatsoever.

Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your booking as set out in the confirmation email (whether for one event or a series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate distribution partners, licensees or agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special or indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenues, loss of contract, loss of damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information including rates, availability and ratings of the event as made available on our website (iii) the services rendered or the products offered by the Provider (iv) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Provider (its staff, directors, officers, agents, representatives or affiliated companies) including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

The Content Should Not Be Used To Provide Personal Diagnosis, Treatment or Prescriptions

Interactions on the Service do not constitute the practice of medicine and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use the Content or Services to diagnose or treat a medical condition. Use the Service or see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription.

Miscellaneous

Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including copyrights) of the contents and information of and material on our website are owned by Doctolo, its suppliers or providers.

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed and construed in accordance with United Kingdom law and any dispute arising out of these general terms and conditions and our services shall be exclusively submitted to the competent courts in the United Kingdom.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

Cancellation

By making a reservation or booking an event you accept and agree to the relevant cancellation and no-show conditions of the event and to the additional terms and conditions of the event that may apply to your reservation, booking or during your stay including for services rendered and/or products offered by the Provider. The general cancellation and no-show policy of each event is made available on our website at the event information page, during the booking procedure and in the confirmation email. Please check the booking conditions thoroughly for any such conditions prior to making your booking.

Cancellation Charges

The Doctolo cancellation policy states that cancellations made before 3 days of the service can be made free of charge. Between 3 days and 24 hours before an event will incur a 50% refund. Cancellations made less than 24 hours before the start of an event will incur a 100% cancellation fee.

Miscellaneous

Additional cancellation terms may be applied from individual Providers so it is imperative that you check the terms at the time of booking.

Doctolo will make every effort to process cancellation payments as quickly as possible, and in no more than 30 days from your written notification of cancellation. Any and all fees associated with refunds are your responsibility.

If you wish to review, adjust or cancel your booking please revert to the confirmation email and follow the instructions therein.

Registration, Content & License

Account Registration

In order to access certain features of the Site and Application, you must register to create an account ("Doctolo Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Doctolo Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Doctolo through the Site, Services or Application; or (ii) allowing Doctolo to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Doctolo and/or grant Doctolo access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Doctolo to pay any fees or making Doctolo subject to any usage limitations imposed by such third-party service providers. By granting Doctolo access to any Third-Party Accounts, you understand that Doctolo will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Doctolo Account and Doctolo Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Doctolo Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Doctolo access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Doctolo Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Doctolo makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Doctolo is not responsible for any SNS Content.

Your Doctolo Account and your Doctolo Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Doctolo Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Doctolo reserves the right to suspend or terminate your Doctolo Account and your access to the Site, Application and Services if you create more than one (1) Doctolo Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Doctolo Account, whether or not you have authorized such activities or actions. You will immediately notify Doctolo of any unauthorized use of your Doctolo Account.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Doctolo a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Doctolo does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Doctolo the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Doctolo’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Doctolo Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Doctolo grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Doctolo Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Doctolo or its licensors, except for the licenses and rights expressly granted in these Terms.