Signing a Contract

Terms & Conditions

TERMS AND CONDITIONS FOR USE

Kinnear Consulting Ltd trading as Docster

11 September 2020

 

This page tells you information about us and the legal terms and conditions (Conditions) on which you may make use of our website (http://docster.health).

Use of our website includes accessing, browsing, and booking an appointment through our website.

Please read these Conditions carefully before you start to use our website, as these will apply to your use of our website.

We recommend that you print a copy of these Conditions for future reference. By using our website, you confirm that you accept these Conditions and that you agree to comply with them. If you do not agree to these Conditions, you must not use our website.

We amend these Conditions from time to time as set out in clause 16.7. Every time you wish to book an Appointment (as defined in clause 5.1 below), please check these Terms and Conditions to ensure you understand the Conditions which apply at the time of accessing the website and booking your appointment.

 

1. Information about us

Kinnear Consulting Ltd is a company registered in Northern Ireland under company number NI632334.  Our registered office address is: 39a Silverbirch Road, Bangor, BT19 6EU.  We are a marketing, technology and financial administration services provider and we do not provide medical services.

2. Terms of Service

2.1 Our website is an online platform allowing you and anyone you are using the website on behalf of (the User) to book directly a private consultation with an independent general practitioner (GP) who is GMC registered and on the NI performer’s list (the Doctor). Our website provides the technology facilitating the connection between the User and the Doctor. Our website is not a health service provider. The User understands that by booking an appointment through our platform, the User is seeing a Doctor who is solely responsible for the medical advice and medical services that the Doctor offers to the User.

2.2 The User understands our website acts as an agent, enabling the User to conveniently access a Doctor. In addition the User understands, accepts and agrees that Kinnear Consulting Ltd is not liable in anyway whatsoever for any damages, losses or claims resulting from any aspect of the User’s care initiated by the Doctor the User has connected with, including but not limited to diagnosis, treatment, professional advice, prescriptions, recommendations, and referral.

2.3 We make no representation, warranty or guarantee as to the quality, reliability, or availability of any medical services which you have requested from your Doctor or as to the quality, ability, suitability or availability of your Doctor to perform such services.

3. Use of our Website

3.1 Kinnear Consulting Ltd do not guarantee that the website, or any content on it, will be free from errors or omissions.

3.2 Our website is made available free of charge.

3.3 Kinnear Consulting do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. Kinnear Consulting Ltd may, at its discretion, suspend, withdraw, discontinue or change all or any part of our website without notice. Kinnear Consutling Ltd will not be liable to the User if for any reason our website is unavailable at any time or for any period.

3.4 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus and malware protection software.

3.5 We do not guarantee that our site will be secure or free from bugs, viruses or other malicious software. You should take all steps necessary to protect your own devices and software from such threats.

3.6 Our website is currently only for Users residing in the UK.  It is not for use by those residing outside the UK.

3.7 You may use our site only for lawful purposes. You may not use our site:

3.7.1 In any way that breaches any applicable local, national or international law or regulation.

3.7.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

3.7.3 For the purpose of harming or attempting to harm minors in any way.

3.7.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

3.7.5 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.

3.8 Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and allows us to improve our site.

3.8.1 By continuing to use our website, you are agreeing to our use of cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. We use analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

 

3.9 You must not establish a link to our website in a way that is unfair, illegal, damages our reputation, seeks to take advantage of that reputation or suggests any form of association, approval or endorsement on our part where none exists.

 

3.10 You must not establish a link to our site on any website that is not owned by you.

 

3.11 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

4. Exceptions of Use

4.1 Our website is designed to enable the User to book an appointment with a Doctor on a private and fee-paying basis for a non-emergency medical consultation. If the User feels that the situation is either an accident or emergency or a situation that may imminently escalate to that of an emergency situation, the User should seek immediate emergency medical services such as dialling 999 or attending the local Emergency Department. The User should not book an appointment with a Doctor through our website if suffering with chest pain, difficulty in breathing, severe bleeding or have suffered with loss of consciousness, loss of vision, limb or facial weakness, confusion or seizures.

4.2 Our service is not suitable for acute psychiatric problems such as if the User is suffering with severe depression with active suicidal thoughts, auditory or visual hallucinations. Our service is not suitable if the User has taken an intentional or unintentional overdose of medication or deliberately harmed themselves or others.  Our service is not suitable if the user is experiencing thoughts or urges to take an overdose or to harm themselves or thoughts or urges to harm others. If the User is experiencing any of these problems, they should seek urgent medical attention through their HSC/NHS GP, GP out of hours service, local Emergency Department or by dialling 999.  If you or anyone you are using this website on behalf of poses a threat to another person or people you should notify the Police by dialling 999.

5. Booking an Appointment

5.1 Our website allows the User to book an appointment with a Doctor at a time and location that suits the User (an Appointment). The User may only book an Appointment through our website if the User is at least 18 years old and possess the legal right and ability for themself or any child of whom they are a parent or legal guardian to agree to these Conditions. It is the User’s responsibility to carefully read the booking pages and check their booking at each page of the booking process.

 

5.2 After the User has placed a booking, we will confirm our acceptance to the User by sending an e-mail that confirms the Appointment details. A contract will only be formed between us and the User when we send this confirmation email.

 

5.3 The User accepts that it is their responsibility to ensure that the patient details provided for the consultation are accurate and up to date.  Kinnear Consulting Ltd and the Doctors engaged through our website hold no responsibility for incorrect medication prescribed, incorrect judgements, and incorrect medical treatment or advice due to inaccurate details provided by the User.

6. Charges and payment

6.1 The charges for the Appointment are as specified on the website at the time the User books an Appointment. We use our best efforts to ensure that the charges are correct at the time when the relevant information was entered onto the system. 

6.2 The consultation with the Doctor will last 15 minutes. Charges for Appointments may change from time to time, but changes will not affect any Appointments the User has already booked. The cost allows a pre-booked 15 minute appointment with a Doctor which the User has chosen. The User is aware that the cost does not include any further investigations, private medication cost, medical procedures, insurance claim forms, onward referral and private letters.

6.3 The User can only pay for Appointments using a debit card or credit card.

6.4 Payment for the Appointment must be made at the time of booking.

6.5 All amounts payable by the User under these Conditions are inclusive of amounts in respect of value added tax chargeable for the time being (VAT).

6.7 The User shall pay all amounts due under these Conditions in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Kinnear Consulting may at any time, without limiting its other rights or remedies, set off any amount owing to it by the User against any amount payable by Kinnear Consulting Ltd to the User.

7. Intellectual property rights

7.1 Kinnear Consulting Ltd is the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

7.2 The User may print off one copy, and may download extracts, of any page(s) from our website for the User’s personal use and may draw the attention of others to content posted on our website.

 

7.3 The User must not modify the paper or digital copies of any materials the User has printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

7.4 Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

 

7.5 The User must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

 

7.6 If the User prints off, copies or downloads any part of our website in breach of these Conditions, their right to use our website will cease immediately and the User must, at our option, return or destroy any copies of the materials they have made.

8. Confidentiality and patient records

8.1 Kinnear Consulting Ltd only store patient contact details for a Doctor to make contact following a consultation if deemed necessary.

 

8.2 Kinnear Consulting Ltd do not have visibility of consultation notes or results from further investigations. The Doctor that the User sees for their appointment will document the consultation on their own electronic medical record system, independently of Kinnear Consulting Ltd and our website.

9. Medications prescribed or dispensed

9.1 All prescriptions following the User’s consultation will be given on a private basis only. Prescriptions will then have to be taken to the pharmacy of the User’s choice and dispensed on a private fee-paying basis. The User understands that the cost of the private prescription is not influenced in any way by the Doctor or Kinnear Consulting Ltd or our website and the cost of the medicine is determined by the supplying pharmacy. Furthermore, Kinnear Consulting and the Doctors are not responsible for the dispensing of any medication. The User agrees that the dispensing of the medication remains the responsibility of the individual pharmacist and they have no obligation to dispense the said medication. Under no circumstances will the Doctor issue or be obliged to issue an HSC or NHS prescription following a private consultation booked through our website.

 

9.2 Our website is not a prescription fulfilment service. Only after a consultation booked through our website will a medication be prescribed by mutual agreement being reached between the User and the Doctor under circumstances that are appropriate, legal, and responsible.

 

9.3 The User fully understands and accepts that the Doctor is not obliged to prescribe medication that is not appropriate, legal, or responsible. There is no guarantee whatsoever that a prescription suggested by the User or a third party will be prescribed. The final issuing of a prescription is at the sole discretion of the doctor.

 

9.4 Prescriptions are given on a private basis only and should not be given under any circumstances to the User’s HSC/NHS GP to be converted to an HSC/NHS prescription. If a medication prescribed is suggested for repeat prescription, the User’s HSC/NHS GP is not under any obligation to provide said medication on repeat prescription.

 

9.5 There are certain drugs that will not be prescribed given the mode of consultation. These include: controlled drugs; restricted drugs; unlicensed medications; sedatives, hypnotics or sleeping tablets; medications that need to be initiated by secondary care or a hospital consultant.

 

9.6 The User understands, accepts, and agrees that any prescription given to them is solely for personal use. If the User loses a prescription, a copy may be reissued by the Doctor and may be subject to an additional cost. The User accepts that the Doctor has the right to refuse to issue a copy of the prescription should it be deemed inappropriate.

10. HSC/NHS GP

10.1 The User acknowledges that they cannot book a private consultation for an HSC/NHS service with their registered HSC/NHS GP or practice (but can book a private consultation for a non-HSC/NHS service as per clause 10.1.1 below). To prevent this situation from arising we have asked the User to confirm prior to booking an appointment that they are not registered with the GP or practice.  However, in the unlikely event that the User unknowingly connects with their own registered GP or practice, they accept that the Doctor will cancel the Appointment and the User will subsequently be refunded the cost in full.  Furthermore, if the User mistakenly books an appointment with their own GP or practice they are obliged to inform the practice or Kinnear Consulting Ltd immediately, allowing the doctor or Kinnear Consulting Ltd to provide the User with a full refund. The User agrees and accepts these conditions and will not hold the Doctor or Kinnear Consulting Ltd responsible in these circumstances.

 

10.1.1 The User may book a private consultation with their registered HSC/NHS GP or practice if the consultation is for a service that is not provided under the HSC/NHS GP contract. This includes but is not limited to: travel risk assessments; vaccinations the patient is not eligible to receive on the HSC/NHS; driver medicals; employment medicals; hepatitis B immunisation for travel or occupational health; insurance medicals; VISA medicals.

 

10.2 The User is aware that their HSC/NHS GP is under no obligation to action any instruction or recommendation provided by a Doctor registered with us or our website.

11. Further investigations

11.1 In order to formulate a diagnosis and treatment plan it may be necessary for the Doctor to advise further investigations. Kinnear Consulting Ltd outsources further investigations to a accredited pathology labs in Northern Ireland, the Republic of Ireland and on the UK Mainland. The User understands that any investigation initiated by the Doctor will be on a private and fee-paying basis. An investigation may be a blood test, urine test, swab, X-ray, ultrasound or other imaging investigation. The User understands that for blood tests, urine analysis and swabs, payment will be required upfront and prior to collection of the specimen. The User understands that any imaging such as x-rays and ultrasound will be paid to the private provider who performs the imaging which has been outlined to the User by their Doctor. Once the investigation is performed it is solely the User’s responsibility to follow up the result with the Doctor at a mutually convenient time using an appropriate and secure form of communication. This may be a face-to-face consultation, video consultation or a phone call. 

 

11.2 The User is not obliged to pay for any further investigation however by not performing an investigation that is advised the User agrees to hold Kinnear Consulting Ltd and the Doctor completely free of liability under every circumstance relating to the User’s initial presentation.

 

11.3 In the circumstance that further investigations are advised by the Doctor but the User is unable to or does not wish to pay, the User is advised to see their HSC/NHS GP for consultation. The User is aware that their HSC/NHS GP is under no obligation whatsoever to fulfil any investigation advised by a Doctor the User has consulted via our website.

12. Further treatment

12.1 The User understands that a Doctor may refer the User to a hospital specialist directly on a private fee-paying basis and if the User has private health care insurance this may be covered under their policy. The User understands that it is their responsibility to check with their private insurance provider whether the cost of further referral and investigation is covered under their policy. If the User does not have private health insurance, they can still be referred to a specialist on a private self-pay basis. The User will be solely responsible for arranging their private appointment with any hospital specialist for further treatment.

 

12.2 The User is not obliged to pay or use health insurance but the User understands and accepts that in the event that a hospital specialist referral is advised and they do not want to seek private further care, the User agrees to hold Kinnear Consulting Ltd and our website and the Doctor completely free of liability under every circumstance relating to the User’s initial consultation.

 

12.3 In the circumstance that onward referral is advised by the Doctor but the User is unable to or does not wish to pay, the User is advised to see their HSC/NHS GP for consultation. The User is aware that their HSC/NHS GP is under no obligation whatsoever to fulfil any referral or any element of a treatment advised by a Doctor the User has consulted via our website.

 

12.4 In some circumstances the Doctor will advise follow-up with themselves to monitor response to treatment or convey the results of investigation. The User understands that they are not obliged to have this follow-up.  However, if the User decides not to have this follow-up the User agrees to hold Kinnear Consulting Ltd and the Doctor completely free of liability for any circumstance arising from the initial presentation.

13. Cancellations, Late arrival and Missed appointment

13.1 The User is aware and accepts that they can cancel their appointment once booked but if their cancellation is made within 24 hours of their booked appointment, the User understands that they forfeit the cost of the appointment.

 

13.2 The User understands that if they miss their appointment, the User forfeits the full cost of the appointment without any possibility of a refund.

 

13.3 The User understands and accepts that if they are more than 10 minutes late to an appointment, they will lose their appointment time and forfeit the cost of the appointment. Furthermore, the User understands and accepts that if they are late for an appointment by a period of less than 10 minutes, the Doctor is not obliged to see them, and they may still lose their appointment fee. If the Doctor can still accommodate the User’s appointment, it will be at a time determined by the Doctor at his/her discretion, and should this not be acceptable, the User will lose the appointment fee.

 

13.4 The User holds Kinnear Consulting Ltd and the Doctor completely free of liability under every circumstance relating to the User’s reason for initial presentation in the event that the User is late, and the appointment is cancelled.

 

13.5 The User accepts that due to the nature of general practice, Kinnear Consulting Ltd and the Doctors registered with our website, do not guarantee that an appointment will necessarily be kept at the exact time stipulated as the booked appointment. The User understands that there can potentially be a wait time of 30 minutes for their appointment and once breached the User has the option of either rebooking or waiting with no refund, or receiving a full refund without consultation.

 

13.6 Without limiting its other rights or remedies, a Doctor may cancel an appointment by giving the User twenty four hours’ notice which may be sent via email, an SMS text message to the mobile phone number supplied by the User, or a telephone call to the landline or mobile phone number supplied by the User.

14. Limitation of liability:

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

14.1 Nothing in these Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

 

14.2 To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our website or any content on it, whether express or implied.

 

14.3 Kinnear Consulting Ltd will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

 

14.3.1 use of, or inability to use, our website; or

 

14.3.2 use of or reliance on any content displayed on our website.

 

14.3.3 Please note that we only provide our website for domestic and private use. The User agrees not to use our website for any commercial or business purposes, and we have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

14.3.4 Kinnear Consulting Ltd 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 the User’s computer equipment, computer programs, data or other proprietary material due to their use of our website or to their downloading of any content from it.

 

14.3.5 Kinnear Consulting Ltd assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. Kinnear Consulting Ltd will not be liable for any loss or damage that may arise from the User’s use of them.

 

14.3.6 Kinnear Consulting Ltd do not guarantee that our website will be secure or free from bugs or viruses or other malicious software.

 

14.3.7 The User is responsible for configuring their information technology, computer programmes and platform to access our website. The User should use their own virus and malware protection software.

 

14.3.8 The User must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website. The User must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, the User would commit a criminal offence under the Computer Misuse Act 1990. Kinnear Consulting Ltd will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use our website will cease immediately.

 

14.4 This clause shall survive termination of any contract between us.

15. Events outside our control

15.1 For the purposes of these Conditions, an Event Outside Our Control means an event beyond the reasonable control of Kinnear Consulting Ltd including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Kinnear Consulting Ltd or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

 

15.2 Kinnear Consulting Ltd shall not be liable to the User as a result of any delay or failure to perform any of its obligations under these Conditions as a result of an Event Outside our Control. 

16. Other important terms

 

16.1 Assignment and other dealings

16.1.1 Kinnear Consulting Ltd may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.

 

16.1.2 The User shall not, without the prior written permission of Kinnear Consulting Ltd, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under these Conditions.

 

16.2 Notices

16.2.1 Any notice or other communication given to a party under or in connection with these Conditions shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or e-mail.

 

16.2.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 16.2.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.

 

16.2.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

16.3 Severance

 

16.3.1 If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Conditions.

 

16.3.2 If any provision or part-provision of these Conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

 

16.4 Waiver

 

A waiver of any right under these Conditions, any contract between us or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under these Conditions, any contract between us or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

16.5 No partnership or agency

 

Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

 

16.6 Third parties

 

A person who is not a party to these Conditions shall not have any rights to enforce its terms by virtue of the Contract Rights of Third Parties Act 1999 or otherwise.

 

16.7 Variation

 

We amend these Conditions from time to time. Please look at the top of this page to see when these conditions were last updated, and which Conditions were changed. Every time the User books an Appointment through Kinnear Consulting Ltd, the Conditions in force at the time of booking will apply to the contract between us.

 

16.8 Governing law

 

This contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Northern Ireland.

 

16.9 Jurisdiction

Each party irrevocably agrees that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).

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© 2020 Docster

Docster is a trading name of Kinnear Consulting Ltd. Registered in NI : Number NI632334. Address: 39a Silverbirch Rd, Bangor, BT19 6EU