Terms & Conditions

General

Please take time to read these terms and conditions carefully so that you understand them well. These terms and conditions cover all the services we provide to you through our healthcare app or platform (the “App”) and through our website (the "Website"). Any reference to “MyConsultant” “MyConsultant.me”, “our”, “us” and “company” are references to MyConsult Ltd, a limited company registered in Scotland (company number SC573478), the registered office being 58 Clayhills Drive, Dundee, DD2 1SX, UK.

These terms include details on our complaints procedure and what is expected from you to use our services. You will be asked to accept these terms as part of your account registration.

We may occasionally update these terms. If your rights change, we will always notify you of this. If you are unable to agree with, or cannot comply with, these terms as amended, you should not use the app or website. You will be deemed to have accepted these terms as amended if you continue to use the App or Website after any amendments are made.

When you use our services, our consultants will serve you from the United Kingdom via our app/platform.

Our Privacy Policy sets out how your personal information will be used by us. This policy can be accessed as part of the account registration process, via the app itself, and also on our website.

We are totally committed to making sure that the healthcare experience provided by MyConsultant, at the very least, meets your expectations and provides a safe, convenient and reliable way to have affordable video consultations. We adhere to all regulatory and legal statutes. If you have anything to share, good or bad, please do not hesitate to get in touch with us so that we can grow with you.

Email: wecare@myconsultant.me

Phone: +44 7809 694 381

Summary:

  • We provide health and medical advice via our video consultations.

  • We may provide general medical information services via our blog, email circulars and social media posts. The content of any of these general information updates will not constitute medical advice, diagnostic advice or treatment. You should always talk to a qualified medical professional about any questions you may have about a medical condition.

  • If you think you have a medical emergency, you should call or attend your local doctor or emergency services immediately.

  • Some conditions are not suitable for remote advice.We recommend that you check our FAQs prior to use of the services which may help you in assessing their suitability in relation to your symptoms.

  • We require certain information from you in order to provide our services.Your information will be stored securely in our encrypted servers. Please read our comprehensive data privacy policy for information on how your data is managed.

  • We are bound by Scottish law and will not be held responsible for laws outside the UK and regulations from foreign regulatory agencies governing access to our services. Some of our services are specifically designed for use in the UK and if you use them elsewhere you should check in your country or region that it is appropriate and lawful for you to do so.

  • The App is not suitable for managing medical emergencies. If, during the process of your consultation it becomes clear that you have a medical emergency, our Consultants will advise you to seek urgent medical attention.

  • The App is not suitable for any use by children either supervised or unsupervised as per the regulator.

1) What we do

We provide clinical services by connecting patients via our video consultation platform with our consultants (“Clinical Services”), and information services through our blogs/social media posts. Our services include healthcare consultations and information services.

Our Clinical Services are provided using qualified medical consultants based in the UK who are registered specialists with the General Medical Council (GMC).

 

2) Our services

MyConsultant offers;

General

  1. We provide our services using our App and the Website (platform), and communication methods such as email and telephone. Our services include:

    1. remote video and consultations with our Medical Consultants;

    2. where necessary the ability to receive private prescription of medicines; and

    3. the ability to access the healthcare records you have shared with us on our encrypted servers. At this time, it is not possible to access notes on your Consultations from your app.

  2. Some medical conditions are not suitable for remote consultations via our platform.You should always seek advice from a medical practitioner in person if you are unsure about whether you have been able to explain or communicate your medical needs sufficiently through our App or the Website. You should always seek advice if you have any concerns about the advice you receive from us or if it is different from other advice you have received.

  3. All services are currently provided in English as our main language.However, where possible you may be able to match with a consultant speaking a language of your choice if we have such a person on our platform.

  4. You should not use our services in an emergency, or if you have a condition that you know will require a physical examination. Our consultants will guide you to the appropriate emergency service if necessary.

  5. In addition to our consultations which constitutes our services, we also perform some additional activities. These include our blogs and social media posts. They do not form part of our services and should not be construed as medical or healthcare advice, diagnosis and/or treatment. They do not diagnose your/your child’s health condition or make treatment recommendations for you/them. Our information activities are not a substitute for a doctor or other healthcare professional. You shouldn't take or stop taking any action (such as taking medicines) based on information from our information services. We make no warranties in relation to the output of our generic information services.

  6. We strongly encourage you to discuss any information you receive from us with your GP or usual medical practitioner.

  7. When using our service, you are entering into a matching service between yourself and your Consultant.As experienced and appropriately qualified consultants you can expect them to demonstrate reasonable skill and care. If you think that their services have not met this standard, please contact us as soon as possible so we can inform them. We are unable to issue a refund based on a consultation which you felt did not meet your expectations.

  8. Our consultants are all registered with the General Medical Council and have committed to provide services in accordance with clinical best practice and applicable professional standards.

  9. Our Consultants will not prescribe medicines unless it is, in their judgment, in their patient's best interests. The prescription of controlled drugs is forbidden on the MyConsultant platform.

 

3) Information MyConsultant needs to provide our service

We can only provide the services in accordance with these terms if you provide us with the information we need in order to help you.

You must be careful that:

  • any information you give to us or a consultant or enter into the App is accurate and in English (unless specified at the outset of your consultation and you have selected a consultant who is fluent in your native language).

  • if you have any concerns about the information we provide you or any information in the App or the website, you seek further medical advice;

  • you follow any instructions you are given by the consultant and you follow any instructions regarding the use of any medicines or healthcare products we recommend or prescribe (including in respect of use-by dates);

  • you promptly report any adverse or unexpected effects of treatments we recommend to us so that we may inform your consultant;

  • you keep any medicines we give you securely and do not allow others (especially children) to use them;

  • you tell us if any of our information about you is or becomes inaccurate or incomplete; and

  • you use our services only for yourself under the name registered, unless you are helping a child and you make this clear to the consultant.

 

4) Technical requirements for using the app

  • We recommend that if you are using a wireless network to access the App, you avoid use of public wi-fi facilities in favour of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.

  • From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements and security features.

  • Depending on the update, you may not be able to use the services until you have downloaded the latest version of the App and accepted any new terms.

 

5) Regulation of our services

Our services are available to adults only.

Our Clinical Services (remote video appointments with our consultants) are regulated by Healthcare Improvement Scotland (HIS) and registered in the UK. We are registered with the Information Commission Office (ICO) as per the information management policy.

If you are accessing our services from outside the UK, you should check whether it is lawful to access our services in the territory where you are. We provide our services in compliance with UK law and regulations and cannot take legal responsibility for any discrepancies between British laws and regulations and those in other legal jurisdictions.

 

6) Children and our services

Currently, our service is not offered to children or adults under the age of 18. We may suspend services or terminate user accounts if we reasonably suspect that the services are being used in breach of the restrictions in this Section 6.

 

7) Services and products

  • You can purchase items through the App such as prescriptions or onward referral to other specialists.

  • The App enables your purchase of healthcare and other products (“Products”) sold by our third-party product partners (“Suppliers”) if recommended by our Consultants.

  • If you use the App to order a Product, our responsibility is to place that order on your behalf with the relevant Supplier. Your contract for supply of a product or medication is with the supplier or pharmacy, not with us. As such, the supplier is responsible for product sourcing, quality and delivery.

  • As part of the product order process, a supplier will contact you with the terms and conditions applying to your product order including your right to cancel.

  • Please contact us if you have any issues with your product order. We will, acting on your behalf, raise these with the supplier.

  • Product images that may appear on the App are illustrations and we do not guarantee the ordering of products accurately reflecting their colours as shown on the App.

  • Where applicable, we will collect payment for your product order when it is made but will refund your payment if the product ordered is not in stock or cannot be supplied. If a supplier makes a refund of amounts paid by you to us, we will pass that refund to you.

 

8) Medicines

  • In the United Kingdom, qualified consultants registered with the UK’s General Medical Council who are permitted to prescribe medicines without meeting the patient face to face provide services.

  • The General Medical Council registration number of all MyConsultant consultants, past or present, can be supplied upon request. All doctors who have signed up to provide prescriptions through the company’s systems have undertaken to comply with the General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as enforced by Healthcare Improvement Scotland and copies of these can be found at http://www.gmc-uk.org.

  • We do not provide prescriptions for controlled drugs (as defined by the misuse of drugs act 1971).

  • Currently, all prescriptions are private and not NHS funded.

  • A private prescription will incur the cost of the medicine(s) prescribed. This price is set by the pharmacy and is independent of any charges set by MyConsultant. Currently, we deliver our prescriptions nationally via an agreement with our pharmacy partner.

  • We will use reasonable efforts to deliver the prescription or your device promptly, but we have no overall responsibility for any individual pharmacy, their policies in relation to acceptance or otherwise of prescriptions, opening hours, cost or availability of medicines prescribed.

  • If, within the App, you choose to order your prescription medication for delivery to you, it will be dispatched by our partner dispensing chemist.

  • we will use reasonable endeavours to procure the processing and dispatch of your prescription as soon as possible where the medication is in stock;

  • the delivery time following dispatch should typically not exceed 3 business days to the UK mainland but please note that in relation to delivery to remote locations, or internationally, that delivery time could be longer;

  • delivery will be within the timescale agreed with the pharmacy

  • medications are personal to the person for whom they are intended and therefore may not be returned, and no refunds will be given for medications ordered once the order is placed;

  • set by our partner dispensing chemists, which includes price;

  • we or our partner dispensing chemist may refuse to fulfill an order where it considers the order not to be in the best interests of the person for whom it is intended or who has ordered it or may be illegal or contrary to any regulation or guideline;

  • if no one is available to take delivery of the order when delivery is first attempted, there may be a delay in delivery, and/or the recipient may have to follow the procedures of the relevant dispatch company in order to collect the order, including picking it up from a depot.

  • Our partner dispensing chemists are not part of our organisation and, to the extent permitted by law, we disclaim responsibility for their acts and omissions.

 

9) Other limits on our service

Other limitations and restrictions on the use of services include:

  • We do not guarantee the availability of any particular consultant at any particular time although we will always aim to do so. We will do what we can to arrange a consultation with a consultant as soon as possible, but do not guarantee to offer consultations within a particular time. Consultations generally are limited to 20-minute duration.

  • Consultants may hold different clinical opinions on the same medical condition or symptoms and, provided these opinions are reasonably held, the fact that two or more consultants give different opinions in the course of service provision does not necessarily indicate that our services are defective.

  • We do not tolerate abuse or offensive behavior towards consultants or our staff.

  • Our services are designed to be accessed remotely by any of our customers and are not designed for non-English speakers at present. That said, where possible and if requested (and available) we will try and find a UK based consultant who is fluent in your native language.

  • We may need to ask you for certain personal information in order to provide our services. If you do not provide this information when requested, we may be unable to provide our services.

  • The App has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

  • While certain information controlled, generated by, displayed within or stored in the App may be helpful in providing warning of certain medical or health conditions or circumstances, the App itself is not designed as, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition.

  • We may suspend your access to services or terminate your account with us if your use of services breaches any of these terms.

 

10) Accessing our services

How to access our services, and limitations and other terms concerning access:

  • Our services are accessed remotely using the internet, data networks and devices which can access the internet (“Infrastructure”) and operate the App and our Websites. We make the App and our websites available for access using infrastructure but are not responsible for infrastructure ourselves. If you wish to use the services, you should ensure you have an internet-enabled device and a sufficient internet connection available.

  • Technical or security threats or issues affecting the infrastructure may require us to suspend our services in order to ensure they are secure and/or operating optimally. We will minimise these suspensions but are not responsible to refund charges or compensate you if they occur, unless they exceed 30 days in aggregate in any 12-month period, in which event you may cancel your agreement with us.

  • When you use the App or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices, alerts, prompts, information fields or other information through the App as is necessary to deliver the services to you.

  • We operate anti-virus and malicious software prevention measures on the website and our App, but we cannot guarantee that our services will always be virus-free. You should ensure that your devices used to access services are protected against viruses and malicious software. You must not use or expose the App or the website to virus or malicious software contamination.

  • You must not attempt to gain unauthorised access to the services, App or website. Installation of the App on a device that has had its operating system compromised by the process of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and may result in the security of your personal data being compromised.

 

11) Changes to these terms

What happens if we change these terms?

We may need to change these terms sometimes, for example, when the rules regulating our services change, in order to ensure that our services are secure and your information is safe, or when we update or modify our services or our charges. If we make a change to these terms that affect your rights or obligations, we will notify you.

 

12) How we may use your information

How we use your information;

We use your personal information in accordance with our Information Management Policy (which is a separate document in this cluster). Please take the time to read it as it includes important details about how we secure and process your data.

 

12a) Consultation and consent policy

Last updated: January 2022

By agreeing to the terms and conditions, you agree and consent to your personal details and information being shared with your selected Consultant including your name, date of birth, gender, address, registered GP, lifestyle details, medical history, allergies, medications.

Your information will be stored securely in our encrypted servers and such details will only be accessible to the Consultant once you book an appointment with the Consultant.

We strongly encourage and expect that you complete your personal details as thoroughly and as detailed as possible. This ensures that the Consultant has all the necessary background information prior to your consultation and can advise you most accordingly. If there is any inaccuracy in your information provided, your Consultant will be unable to give the most appropriate advice and you understand and accept if there are any resulting issues as a result of this.

You should be able to provide adequate identification at the start of the consultation such as passport or driving license.

Should there be any change to your health, please ensure this is appropriately updated actively.

Please note the app is not suitable nor designed for managing medical emergencies. If, during the process of the consultation the consultant recognizes and advises that you have a medical emergency you will be advised appropriately to seek urgent medical attention (such as attending your local Emergency Department or contacting the Emergency Services). If you feel unwell during the Consultation, you must let your Consultant know.

13) Consultation recordings

As a patient, you should not record any aspects of your consultation or publish such content on social media or any other media sharing platforms without the written consent of your consultant. Failure to follow this could result in a legal claim from your consultant unless they have explicitly agreed to share their private information. If you are found to break these terms of agreement, legal action will be taken in releasing such content without permission or consent.

 

14) Limitations on service provision

  • We may not be able to provide our services if they are affected by events outside our control. We are not responsible to you if this happens, but if it does, we will notify you as soon as we can and take the steps that we reasonably can to minimise the interruption to our services.

  • If there is the risk of a delay of more than 2 weeks to service performance, you may cancel your agreement with us (and we may do the same).

15) Price and payment

How we calculate the price you pay us for our services and how you pay us;

  • The price of our services will be set out in the App or on the website at the time of our commitment to provide services. Our prices may change at any time, but price changes will not affect any services that you have already ordered.

  • You are responsible for paying the price for our services (“Charges”). Charges include VAT, where applicable, unless otherwise stated.

  • We will usually charge or invoice you for services at the time you order them. Any amounts charged or invoiced are due and payable upon our invoice being issued unless otherwise specified in these terms or the App.

  • You can pay for services using a credit or debit card.

 

16) Our liability to you

Because these terms are part of a binding legal agreement, we must compensate you for loss you suffer if our service doesn't comply with these terms. However, we don't compensate you for all losses. This section is important as it explains those things.

  • If we break any of these terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking of these terms.

  • We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these terms. Nor will we be liable for indirect, incidental, special or consequential damages.

  • We are not responsible for compensating you for personal injury or death caused by negligence of our partner consultants or pharmacists/device wholesalers who have their own indemnity arrangements.

  • MyConsultant does not employ consultants but we are a platform which offers a matching service between patients and self-employed consultants.

  • We are not responsible for defective products as we are not legally responsible for their supply.

  • We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these terms.

  • We supply the services for private personal use, and we are not responsible for any losses you suffer arising out of the use of the services which are business losses.

  • We design our services, the App and the websites to keep your personal health data secure and it is important that you follow the usage instructions and advice in these terms in order to keep your data safe. We are not liable for loss or unauthorised access to your data where it results from you not following these instructions and advice.

 

17) Our brand and creative material

The basis on which you use our App, Websites and services

  • We own copyright and other intellectual property rights in the App, Website, our services and their content (“MyConsultant”).

  • You are permitted to use MyConsultant in order to receive our services, store it on your device and print copies of it for your personal use. You may communicate material containing MyConsultant to your GP or another medical practitioner. You are not permitted to copy, distribute or make any business or commercial use of MyConsultant. You must not remove or obscure any notices regarding MyConsultant.

  • The MyConsultant mark, logo, combined mark and logo and other marks indicated in our App are our trademarks of the company or its affiliates in the United Kingdom and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks of other businesses or our affiliates or partners.

 

18) License and app use

You are allowed to use the App but not copy it or distribute it

  • MyConsultant grants you a limited license to access and make personal use of the App and not to modify it, or any portion of it. This license does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

  • The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorised use terminates the permission or license granted by the company.

  • You may not use any logo or other proprietary graphic or trademark of ours, our partners or affiliates without our express written permission.

  • The App or any service may contain links to other independent third-party websites (“Third party Sites”). Third party Sites are not under our control, and we are not responsible for and do not endorse their content. You will need to make your own independent judgment regarding your interaction with any third-party sites, including the purchase and use of any products or services accessible through them.

  • If any open-source software is included in the App, the terms of an open-source license may override some of the terms set out in this section.

 

19) Cancellation

 

You may end your agreement with us at any time. Any outstanding payments from you or refunds owing will be settled at this time.

We may end our agreement with you, subject to applicable regulation:

  • if the services are unavailable for reasons outside our control as set out above.

  • if you do not comply with the conditions on use of services as set out above.

  • if you break any other term of this agreement and do not make good that break within 7 days of when we ask you; or

  • if you do not pay us any charges on time.

 

20) Complaints and disputes

  • Please do give us feedback on our services by calling or emailing us (wecare@myconsultant.me)

  • Your complete satisfaction is very important to us. We do everything possible to get things right but if there is something we need to improve, please tell us. We’ll learn from it and put it right.If you need to raise a concern or make a formal complaint, rest assured that we will take things very seriously. We will deal with your complaint professionally. We also regularly review all feedback to continuously improve your experience with us.

  • If you have a complaint about our services, we would like to resolve it for you as soon as possible. Please tell us about your complaint as soon as you can so that we can do this.

  • If you wish to make a formal complaint about our services, you should do so as soon as possible by calling or emailing us via the details provided in above. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.

  • If the complaint is about the app/platform itself, we will aim to address it as soon as possible if feasible by discussing or corresponding with you.

  • If the complaint is about your consultation, we are duty bound to share this information with your consultant. We will encourage them to communicate with you via the most appropriate and convenient method to clarify any disagreement

  • If you remain unhappy, we can investigate further at your request and feedback to you the result of our investigation.

  • If we have not resolved a disagreement about these terms, or a complaint about our services, either of us can refer the dispute to mediation in accordance with the Centre for Effective Dispute Resolution's independent mediation scheme for patients (see https://www.cedr.com/consumer-disputes/healthcare/mediation/introduction).

  • Scottish law governs these terms and the Scottish courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these terms or the use of our products and services.

  • Healthcare Improvement Scotland is the regulator for independent healthcare services across Scotland and can accept complaints at any time from a complainant. Contact details are:
    Healthcare Improvement Scotland
    Independent Healthcare Team
    Gyle Square,
    1 South Gyle Crescent,
    Edinburgh
    EH12 9EB

T: 0131 623 4342

Complaints must be made not later than:

  • one month after the date on which the matter which is the subject of the complaint occurred; or

  • one month after the date on which the matter which is the subject of the complaint came to the notice of the complainant.

The MyConsultant complaint process;

All complaints will be acknowledged no later than seven working days after the day the complaint is received (the acknowledgement will usually be in writing but can be verbally in some circumstances although this should be the exception rather than the norm). An offer should be made to discuss with the complainant the following:

  • The handling of the complaint.

  • Timescales for responding.

  • Expectations and desired outcome if unclear

If the complaint has been made verbally, you should be given a copy of their verbal statement, which is considered the formal complaint and asked to confirm that it represents the issues you wish to raise. You will be asked for consent for MyConsultant to handle the complaint in the event that the complaint requires input or investigation from parties or organisations outside of MyConsultant.

The case officer will capture relevant information about the case and ensure this is accurately recorded.  You can expect that they will be kept up to date with the progress of their complaint.

 

If a case has passed our 40 working day target (or the timescale agreed with you if different), you or your advocate if relevant should receive an update every 10 working days thereafter the target has been surpassed. This could be by telephone, email or letter but the format should be agreed with the complainant

 

You can expect to receive a quality response with assurance that action has been taken to prevent a recurrence.

 

You will be informed of any learning and our response to a complainant will be wherever possible by your preferred method of communication (email correspondence will only be responded to by email when the complainant has expressly requested this as their method of communication and security measures will be implemented in line with office policy to protect personal information sent via email).

On receipt of the investigation report a response to the complaint will be prepared and the case officer will include information on the next stages of the complaints procedure should you wish to take matters further.

The response will include:

  • An explanation of how the complaint has been considered.

  • An apology if appropriate

  • An explanation based on facts.

  • Whether the complaint in full or in part is upheld.

  • The conclusions reached in relation to the complaint including any remedial action that the organisation considers to be appropriate.

  • Confirmation that the organisation is satisfied any action has been or will be actioned.

  • Where possible, we will respond to people about any lessons learnt.

  • Information and contact details of the Parliamentary and Health Service Ombudsman as the next stage of the NHS complaints process.

 

A key consideration of MyConsultant is to make arrangements flexible; treating each case according to its individual nature with a focus on satisfactory outcomes, organisational learning and those lessons should lead to service improvement.

We are very committed to quality responses and as such, we will be carrying out regular reviews of our complaints handling including internal quality monitoring and external peer reviews.

If at any time during the complaint process you the complainant or your representative or advocate decides they would like to withdraw the complaint this request can be made either verbally or in writing. The withdrawal of a complaint will be acknowledged in writing.