Terms and Conditions of Use
PLEASE NOTE THAT MEDCARO IS NOT TO BE USED IN AN EMERGENCY SITUATION. IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 999.
- These terms and conditions (the “Terms”) apply to the use of services provided by Flipware Tech Limited, a company incorporated in Scotland under number SC314796 and having its registered office at 258 Nithsdale Road, Glasgow G41 5AN (“we”, “us” or “our”), through the website accessed through the domain name https://medcar.com (the “Website”).
- You should read these Terms carefully before using the Website. By accessing or using the Website or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them
- If you do not agree with or accept any of these Terms, you should stop using the Website immediately.
- Someone who uses the services available through the Website (the “Services”) is referred to as a “User”, “you” or “your” and may also use the Services as a Professional or a Patient (hereinafter defined).
- A Professional is a User who has registered with a professional account on the Website and has engaged with us on a Professional Service Agreement. Where a Professional represents a business rather than an individual, the User creating and/or administering the relevant account warrants that they have full authority to bind the Professional’s business.
- A Patient is an individual User who has registered with a client account on the Website and is a client of ours for which the Professional is providing advice.
- The Website is intended for use only by those who can access it from within the UK. If you choose to access the Website from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
- The purpose of the Website is to act as a means of allowing Patients to access medical expertise from certified medical professionals and general health related content.
- Where the Patient is seeking personal medical advice, the Website provides a platform for Patients to browse a list of the Services (the “List”), contact the relevant Professional, pay the Professional’s fee (if applicable) and then for the relevant Users to continue to interact through the platform until the Service is fulfilled.
- We have no further role or responsibilities and in particular it is drawn to the attention of Users that:
- while we shall use all reasonable endeavours to keep the Website available at all times, access is subject to internet availability and we may also require to carry out maintenance or upgrades to the Website;
- the content of a User’s Profile, while following the template created by us, is uploaded entirely by the User who has sole responsibility for its content;
- while we facilitate the process, we are not party to any contract between a Professional and a Patient and are not responsible in any way for the services provided by a Professional
- we make no warranties, guarantees or representations regarding material or information submitted to our Website by persons other than us; and
- we do not verify the identity of any Patient.
Your privacy and personal information
Ownership, use and intellectual property rights
- The Website and all intellectual property rights in it including but not limited to any content are owned or licenced by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
- Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website You agree not to adjust to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
User Profile and Accounts
- Users are responsible for all information they post or upload to the Website, for the content of their User Profile and for their own security in connection with our services, both online and offline.
- In order to use the platform Users must have registered on the Website.
- When registering to use the Website, Users will be required to create a profile (“User Profile”). When Patients create a User Profile this will include information which is made available to any Professional they engage with for the provision of Services and us (“Public Profile”) and certain information which is only made available to us to allow us to provide the Services (“Private Profile”). Professionals will also have a Public Profile for other Users and a Private Profile which is only made available to us. By uploading such information Users consent to our using it to provide services through the Website and acknowledge and agree that the contents of their Public Profile will be made available to other Users.
- Users warrant and confirm that all content in their User Profile is accurate and not misleading.
- Users must exercise their own judgement regarding the accuracy of information provided on the Website. We cannot guarantee that all of the content on the Website is complete, accurate or up-to-date.
- Users are responsible for all use made of their account. When registering to use the Website, Users will be required to set up a password for their account. Users are responsible for all transactions or use made of their account through their password. You should contact us immediately if you believe unauthorised use has been made of your account.
- If, in our opinion (which need not be reasonable), any User fails to comply with these terms and conditions or makes inappropriate use of the Website, we may immediately suspend or terminate their account and/or access to the Website.
Booking a Consultation
- When a Patient wants to use the services provided by a Professional, they will browse the List on the Website using search criteria. The search will disclose a selection (if any) of Professionals who meet such criteria by reference to the Professional’s User Profile.
- By clicking on the profile the Patient will be able to see the Professional’s entire Public Profile. The Patient will be able to see the Professional’s availability through the booking tool and can then send an enquiry (“Enquiry”) to the Professional through the Website asking them to confirm if they are able to assist with the Enquiry (the “Consultation”)
- Once the Professional has accepted the Consultation, the Patient will receive a confirmation email and will then enter directly into a contract with the Professional for the provision of the Consultation and we accept no liability in relation to the Professional’s provision of or failure to provide any Consultation.
- The Consultation shall be carried out either through the messaging service on the Website, via a video call on the Website, by attending the doctor’s surgery or other method of communication made available on the Website from time to time.
- Patients must use their own judgement about the services of Professionals detailed on the Website. Patients are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Professional with whom they confirm a Consultation which will be available on the Professional’s Public Profile.
- You acknowledge that health advice from any Professional that you engage with through the Website shall be advice from that Professional and not from Flipware Tech Limited,
- Where you provide personal medical information to a Professional as part of any Consultation, you have sole responsibility for the provision and accuracy of any such information. Please note that we will not store any such information other than that provided on your User Profile.
- Professionals are not our employees or consultants and are solely responsible for their own actions both on and off the Website.
- Professionals must use their own judgement about whether they wish to accept any booking made through the Website.
- By accepting a booking Professionals are agreeing to provide the Consultation to the Patient. If Professionals wish to reject a booking they must do so during the at the point of Enquiry
- If in our opinion (which need not be reasonable), any Professional fails to comply with these terms and conditions or makes inappropriate use of the Website, we may immediately suspend or terminate their account and/or access to the Website.
- Professionals may post or upload content to the relevant sections of the Website and/or in ratings of services provided by Professionals (to which Professionals may also respond) and send messages through the messaging system on the Website.
- No posting or other content uploaded or sent in a message may be defamatory, racial, sexist or in any other way discriminatory, nor may it contain any non-factual statement or be inciteful. It may also not infringe the intellectual property or privacy rights of any person.
- If you consider any content to breach these terms and conditions please alert us at email@example.com. If we become aware of any content which we consider at our discretion to breach these terms or otherwise to be inappropriate, we may remove such posting without notice.
- By posting any item on the Website other than within your Private Profile, you grant us a perpetual, non-exclusive, royalty-free licence to use such content in any way.
- The messaging service is intended to provide a secure system to allow Patients and Professionals to communicate with each other without disclosing personal contact details. It should be used only to discuss a potential Consultation, confirm arrangements for any booked Consultation, to carry out the Consultation including any follow up conversations in relation to the Consultation and in particular is not to be used to book Consultations outwith the Website.
- In order to protect our legitimate business interests, whilst you are a Professional and for a period of twelve months after, you shall not either directly or indirectly, by or through any affiliate, agent or otherwise, or in conjunction with any affiliate, agent or otherwise, whether for your own benefit or for the benefit of any other person engage, solicit, employ, entice or induce another User of the Website that you have had dealing or contact with in the course of engaging with the Services.
Disclaimers and Limitation of Liability
- Nothing in these Terms in any way limits or excludes our liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
- We shall not be liable for any loss or damage where:
- there is no breach of a legal duty of care owed to you;
- such loss or damage was not reasonably foreseeable by us;
- such loss or damage is caused by you or arises from your failing to comply with these terms and conditions; or
- such loss or damage is not a direct loss – we have no liability for indirect or consequential loss.
The following section applies if you are not a consumer:
To the extent allowed by law, all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions are excluded.
- Our liability of any kind (including our own negligence) in respect of any one event or series of related events is limited to the amount, if any, you paid for the Consultation.
Changes to these Terms
- We may change these Terms by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. You will be bound by the revised terms and conditions if you continue to use the Website or the services following the effective date shown.
Governing Law & Jurisdiction
- These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to settle any such dispute or claim.
- If any clause or any part of these Terms is found to be unenforceable in law, the other terms and conditions will remain in force.