Terms and Conditions

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, please read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

  1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customeror you). We are MessageGP Limited a company registered in England and Wales under number 13294053 whose registered office is at 86-90 Paul Street,   London, EC2A 4NE   with  email address hello@messagegp.com;  (the Supplier or us or we).
  2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Consumer  means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Services;
  3. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  5. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
  6. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  8. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
  9. Website means our website messagegp.com on which the Services are advertised.

Services

  1. The description of the Services and any Goods is as set out in the Website. We provide General Medical services at the Primary Care level, within the competence of a General Practitioner. The service is for a consultation which involves assessment of symptoms. The service does not guarantee a specific outcome (such as prescription, intervention, tests or referral-this is a decision made by the clinician if appropriate).
  2. We require all patients to register with our service prior to an appointment. We require photographic identification at the first appointment to complete the registration process. We will be unable to issue prescriptions or request tests unless identity has been verified.
  3. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  4. All Services which appear on the Website are subject to availability.
  5. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

  1. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives to help provide you with safely and timely care.
  2. This includes providing us with accurate information about your symptoms, past medical history, medications, allergies, lifestyle (such as alcohol and smoking) to help our clinicians formulate a diagnosis and safe management plan. A failure to provide us with this information means we cannot be held liable for any adverse outcomes related to the failure to provide this information.
  3. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal Information

  1. We retain and use all information strictly under the Privacy Policy.
  2. We may contact you by using e-mail or other electronic communication methods and by post and you expressly agree to this.

Basis of Sale

  1. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract.
  4. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

Fees and Payment

  1. The fees (Fees) for the Services, is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price.
  2. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

  1. We will deliver the Services, to the Delivery Location by the time or within the agreed period or, failing any agreement:
    1. in the case of Services, within the timeframe allocated to your appointment.
  2. If we are unable to fulfil your appointment due to an issue arising on our side, for example, clinician unavailability due to sickness, you can choose to either reschedule the appointment or receive a full refund.
  3. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  4. We only provide services to patients who currently live in England, and at the time of the consultation are located within England.
  5. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, there will be no refund of Fees.

Withdrawal, Cancellation, Late to and Failure to Attend Appointments

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability, subject to terms of cancellation.
  2. This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights.

Right to Cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract upto 48 hours prior to the appointment time. If cancelled more than 48 hours prior to the appointment time, we will provide a full refund. If within 48 hours, no refund will be provided.
  2. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by sending an email to hello@messagegp.com
  3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation in the Cancellation Period

  1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you.

Timing of Reimbursement

  1. We will process refunds within 7 working days. The time taken for a reimbursement to enter your account will depend on the involved banks.

Refunds for services

  1. We only provide refunds for services if we have been unable to fulfil your appointment.
  2. We are providing a service for a medical consultation, for a clinician to assess your condition and suggest a management plan. This does not guarantee a prescription, specific diagnostic test, intervention or referral. A management plan is jointly constructed between the clinician and patient, based on the assessment. We are unable to provide a refund if there is disagreement about the assessment or management plan.

Late and Failure to Attend appointments

  1. If you are 10 minutes or more late to an appointment, the clinician will be unable to undertake the consultation safely and the appointment will be marked as “Did Not Attend”. No refund will be issued for “Did Not Attend” appointments.

Conformity

  1. We will supply the Services with reasonable skill and care.

Duration, Termination and Suspension

  1. The Contract continues as long as it takes us to perform the Services.
  2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards its bankruptcy or liquidation.
  3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and Our Sub-Contractors

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract.
  2. Diagnostics are carried out by external providers, for example, blood tests. MessageGP does not accept responsibility for external providers, this is a contractual relationship between the consumer and the external provider, in the event the service they provide is unsatisfactory, this should be raised with the external provider.

Circumstances Beyond the Control of Either Party

  1. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy
  3. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. ‘GDPR’ means the UK General Data Protection Regulation.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
  5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  6. For any enquiries or complaints regarding data privacy, you can e-mail: admin@messagegp.com.

Excluding Liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute, so we deal with complaints as follows: We take complaints seriously. Please contact us by email hello@messagegp.com or write to us at MessageGP Limited, 86-90 Paul Street, London, EC2A 4NE. More information can be found in our complaints policy..
  4. We aim to follow these codes of conduct, copies of which you can obtain as follows:
    Care Quality Commission available from https://www.cqc.org.uk/

Attribution

  1. These Terms and Conditions were created using a document from Rocket Lawyer(https://www.rocketlawyer.com/gb/en)