Square Health

PLEASE READ THESE TERMS CAREFULLY.

USE OF THIS APPLICATION

THIS APPLICATION IS PROVIDED BY PUSH DOCTOR TO ENABLE YOU TO ACCESS PUSH DOCTOR PRIVATE AND THE SERVICES WITHIN PUSH DOCTOR PRIVATE. THESE TERMS SET OUT HOW PUSH DOCTOR’S RELATIONSHIP WITH YOU WILL OPERATE. TO USE THIS APPLICATION AND TO ACCESS PUSH DOCTOR PRIVATE YOU MUST ACCEPT THESE TERMS AND BY REGISTERING TO USE THIS APPLICATION YOU ENTER INTO A CONTRACT WITH PUSH DOCTOR. BY CLICKING THE “AGREE” BUTTON BELOW YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING ANY ADDITIONAL TERMS WHICH ARE REFERRED TO IN THEM) AND YOU ALSO AGREE TO THE COLLECTION, HOLDING AND USE OF PERSONAL INFORMATION AND DATA IN ACCORDANCE WITH PUSH DOCTOR’S PRIVACY POLICY AS REFERRED TO BELOW IN THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD CLICK THE “DISAGREE” BUTTON BELOW OR CLOSE THIS APPLICATION

OBTAINING SERVICES

SEPARATE TERMS AND CONDITIONS APPLY TO SERVICES BOOKED OR PROVIDED USING THE APP, AS DESCRIBED BELOW IN THE SECTION HEADED “WHICH TERMS AND CONDITIONS APPLY AND HOW TO ACCEPT”. WHEN YOU BOOK A SERVICE YOU ENTER INTO A SEPARATE CONTRACT WITH PUSH DOCTOR (OR, IF APPLICABLE, ANY OTHER RELEVANT SERVICE PROVIDER) AND ACCEPT THE TERMS AND CONDITIONS WHICH APPLY TO PROVISION OF THAT SERVICE.

URGENT TREATMENT

PLEASE DO NOT USE THIS APPLICATION TO ACCESS HEALTHCARE IN THE CASE OF AN EMERGENCY. IF YOU NEED TO SEE A HEALTHCARE PROFESSIONAL URGENTLY PLEASE CONTACT YOUR HEALTHCARE PROVIDER OR CONTACT YOUR EMERGENCY SERVICES.

Introduction

This App is provided by Push Doctor. The purpose of this App is to enable You to access Push Doctor Private and those service elements within Push Doctor Private which You are eligible to access and use, subject to these terms and all other terms and conditions which apply to Push Doctor Private and the services included in it. The service elements within Push Doctor Private are provided by Push Doctor and/or partners of Push Doctor. Each service element is offered only to persons eligible to access and use that service element, and the service elements available to You and other users will vary depending on the external policy or scheme or the contractual arrangement with Push Doctor which provides entitlement to access Push Doctor Private.

Charges and payment terms for access and use of Push Doctor Private and individual service elements will be agreed or advised to You separately. This includes charges for optional services which You may choose to pay for at Your discretion on a “pay as you go” basis, for example prescription services or provision of a fit note. If any such “pay as you go” charges are payable by You, this will be made clear to You through the App.

Please see below under Description of Push Doctor Private in order to access a description of Push Doctor Private and of the individual service elements comprised in Push Doctor Private. As described above, depending on the external policy or scheme or the contractual arrangement with Push Doctor which entitles You to access Push Doctor Private, not all service elements may be available to You.

Definitions

In these terms (including the Introduction section above):

App refers to this mobile application
Consultation refers to a GP or other healthcare consultation booked or provided using the App as a service within Push Doctor Private
Push Doctor refers to Square Health Limited trading through its Push Doctor division at 10th Floor, 3 Hardman Street, Spinningfields, Manchester M3 3HF, and We, Us, Our, Ours and Ourselves also refer to Push Doctor. Square Health Limited is a company incorporated in England and Wales under company number 7054181 with its registered office at Crown House, William Street, Windsor, Berkshire SL4 1AT
Push Doctor Private refers to the suite of medical and healthcare services provided by Push Doctor and/or partners of Push Doctor under the Push Doctor Private brand
Push Doctor Service refers to a service within Push Doctor Private which is provided by Push Doctor
Service Provider refers to a provider of medical or other healthcare services within Push Doctor Private
Third Party Service refers to a service within Push Doctor Private which is provided by a Service Provider other than Push Doctor
You, Your, Yours and Yourself refer to you.

Description of Push Doctor Private

A description of Push Doctor Private and more information on Push Doctor Private generally is set out here. As described above, depending on the external policy or scheme or the contractual arrangement with Push Doctor which entitles You to access Push Doctor Private, not all service elements may be available to You.

Which terms and conditions apply and how to accept

The provisions which follow set out or refer to the terms and conditions on which the App may be used to access Push Doctor Private. The App may only be used by You to access Push Doctor Private if

You are entitled to use Push Doctor Private because of Your membership of, or eligibility under an external policy or scheme or contractual arrangement with Push Doctor, and
You are aged 18 or over and ordinarily resident in the United Kingdom, and
You have registered to use the App and have clicked on the Agree button on the sign-up page to signify that You have accepted these terms and agree to be bound by them, and You were physically present in the United Kingdom when You accepted.

These terms govern the use of the App, including for the purposes of booking or receiving a Consultation. But they do not govern the provision of the Consultation by Push Doctor or any other applicable Service Provider. The provision of a Consultation within Push Doctor Private is governed by separate terms and conditions which are accepted when You book the Consultation (whether that Consultation is booked or received using the App or by any other method). Push Doctor’s responsibility for a Push Doctor Service and for advice provided in a Consultation that forms part of a Push Doctor Service is governed by the terms and conditions governing the supply of the particular Push Doctor Service. Push Doctor has no responsibility for any Third Party Service or for advice provided in a Consultation that forms part of a Third Party Service.

The terms and conditions which govern the provision of Consultations by Push Doctor may be viewed here.

Third Party Services may have their own terms and conditions, which will be made available to You by the applicable Service Provider.

If Your entitlement to use Push Doctor Private depends on Your membership of, or entitlement under an external policy or scheme, additional terms may apply to Your use of Push Doctor Private and the App.

Licence to use the App

Subject to these terms and condition, Push Doctor grants You a non-exclusive, non-transferable, royalty-free licence, without the right to grant sub-licences, solely for Your personal use and solely for the duration of the agreement between You and Us to:

download or stream the App on to any telephone or other mobile device used by You (subject to the operating system and technical requirements referred to in these terms)
use the App (including any updates and supplements to it) and all related online documentation and instructions (Documentation)

in accordance with these terms and any additional terms under any external policy or scheme that may be applicable.

The App may be used by You only to access and use Push Doctor Private in accordance with these terms and any additional terms of third party Service Providers and/or under any external policy or scheme and/or that are applicable. It may be used by You to access and use Push Doctor Private either in respect of Yourself or (subject to any other applicable terms and conditions) in respect of any child or other family member of yours who is eligible to receive benefits under Push Doctor Private. You may not transfer the App or share it with any third party or allow it to be used by any third party.

Access to the App is permitted on a temporary basis and We reserve the right to withdraw or amend the service that We or any partner provides without notice. Neither We nor any third party will be liable if for any reasons the App is unavailable at any time for any reason.

If You sell or transfer any device on which the App is installed, You must remove the App from it prior to doing so.

If You download or stream the App on to any phone or other device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with these terms and any other applicable terms and conditions, whether or not You own the phone or other device.

Intellectual property

All intellectual property rights in the App, the Documentation and the Push Doctor Services belong to Us and You will have no rights in or to the App, the Documentation or services comprised within Push Doctor Private other than the right to access and use them in accordance with these terms and any other terms that apply.

Acceptable use

You must not:

use the App or Push Doctor Private in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any part of Push Doctor Private or any operating system. You acknowledge that by breaching this clause, You may commit a criminal offence under the Computer Misuse Act 1990
infringe Our intellectual property rights or those of any third party in relation to Your use of the App or Push Doctor Private
transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App or Push Doctor Private
use the App or Push Doctor Private in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users
use the App for any commercial, business or resale purpose – the App is for domestic and private use only
collect or harvest any information or data from Push Doctor Private or Our systems or attempt to decipher any transmissions to or from Our servers or other servers used to provide the services comprised within Push Doctor Private.

Your privacy

Push Doctor is the controller of personal data collected through Your use of the App and the Push Doctor Services.

We only use any personal data We collect through Your use of the App and the Push Doctor Services in the ways set out in the privacy policy. of Square Health Limited (unless otherwise stated, this privacy policy applies to all mobile applications of Square Health Limited, including those provided by its Push Doctor division). Consultations by Push Doctor are recorded for quality, training and monitoring purposes. This may include audio, video or both. The recordings are likely to contain personal data. More information is contained in the terms governing Consultations by Push Doctor and in Our privacy policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

By using the App You agree to Us collecting and using technical information about the devices on which You use the App, and related software, hardware and peripherals, in order to provide the App and the Push Doctor Services to You and to improve Our products and services.

Additional terms of Apple or Google

The ways in which You can use the App and Documentation may also be controlled by terms and policies of Apple and/or of Google. Usually any applicable terms and policies will apply in addition to Our terms. But where there is a conflict between Our terms and the terms and policies of Apple or Google, the terms and policies of Apple or Google will apply.

Operating system and technical requirements

The minimum operating requirements for the App are set out here. If these requirements are not met the App may not function correctly and You may not be able to access and use Push Doctor Private. We are not able to provide support for use of the App unless these minimum operating requirements are met.

Support for the App and how to tell Us about problems

For information and support in connection with the App or use of the App to access Push Doctor Private please take a look at Our support resources at here.

If You think the App is faulty or to contact Us for any other reason please contact Our customer service team either by email to pushdoctorprivate@squarehealth.com or by telephone on 03308 221777. If You have a complaint regarding the App or a Push Doctor Service, please contact Us in the same way.

Weblinks

There are links in the App which take You to websites not provided by Us. We are not responsible for websites not under Our control, and We have not checked and approved their content or their privacy policies (if any).

Push Doctor's liability

The App is not necessarily error free and may be subject to interruption. The App and the services within Push Doctor Private have been developed to standard specifications and not to meet any particular specifications or requirements of You, and they are supplied ‘as is’ – it is Your responsibility to check that the App and the services within Push Doctor Private are suitable for You. Our sole responsibility in relation to errors or bugs in the App is to correct them within a reasonable time of their being brought to Our attention.

Viruses and similar destructive programs are an inherent risk of use of the internet and whilst We will endeavour to prevent contamination of any material accessed via the App We cannot accept liability for loss or damage caused by any virus or other destructive code.

Subject to the previous paragraphs, We accept responsibility for direct loss suffered by You (or, where applicable, any child or family member) if We fail to comply with these terms or fail to use reasonable care and skill. We do not seek to exclude or limit in any way Our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors, or for fraud, or fraudulent misrepresentation.

Subject to the previous paragraph, Your sole right and remedy in the event of any defect in the App or its operation (to the exclusion of all other rights and remedies) will be to terminate the licence described in these terms and delete the App from Your device.

Changes to these terms

We will be entitled at any time to alter any provision of these terms by giving notice to You. We may also alter any charges payable by You for use of the App and/or access to Push Doctor Private or to individual service elements within Push Doctor Private. Where practicable, We will give You at least seven days’ notice of any change by notifying You of a change when You next start the App.

You are not obliged to accept any change in these terms or in any charges but if You do not accept the notified changes You may not continue to use the App or to access or use Push Doctor Private.

Updates to the App and changes to Push Doctor Private

From time to time elements of the services within Push Doctor Private may be altered or removed. We may automatically update the App to reflect changes in Push Doctor Private and/or to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively We may ask You to update the App for these reasons.

If You choose not to install such updates (or if You opt out of automatic updates) You may not be able to continue using the App and/or the services within Push Doctor Private.

Termination

You may end Your contractual relationship with Us at any time by ceasing to access and use the App and by deleting or removing the App from all of Your devices. You will not be liable for any charges for use of the App and/or service elements within Push Doctor Private that are incurred after You end Your contractual relationship with Us.

We may end Your rights to access and use the App at any time by contacting You if You have broken any of these terms (or any other terms applicable terms relating to Your access and use of the App and/or Push Doctor Private) or cease to be eligible to benefits under Push Doctor Private. We will determine in Our discretion, whether there has been a breach of these terms and conditions. If practicable We will give You a reasonable opportunity to put right the breach by You.

If We end Your rights to access and use the App:

You must stop Your use of the App and all activities authorised by these terms and You must delete the App
We may remotely access Your devices and remove the App from them and cease providing You with access to services within Push Doctor Private.

Termination of the contractual relationship between You and Us does not prevent either You or Us from pursuing any right or remedy under these terms or that exists apart from these terms.

Other provisions

We may transfer Our rights and obligations under these terms to another organisation. We will always tell You in writing if this happens. You may only transfer Your rights or Your obligations under these terms to another person if We agree in writing.

Even if We delay in enforcing Our contract with You, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breaking Our contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.

We may communicate with You by email, by SMS or by pre-paid post, using the contact details You have provided to Us.

Which laws apply to these terms and where You may bring legal proceedings

We hope We are able to satisfy any complaint You make to Us. If You are not satisfied with the outcome You can still bring legal proceedings. These terms are governed by English law and You can bring legal proceedings in respect of the App in the English courts. If You live in Scotland You can bring legal proceedings in respect of the App in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.