TERMS AND CONDITIONS FOR PROVISION OF SERVICES BETWEEN PRN CARE LIMITED AND A PERSON SEEKING MEDICAL SERVICES
- THESE TERMS
1.1 What these terms cover
By accepting these Terms, you are agreeing:
- That if you wish to receive medical services following your access to the PRN Care App for yourself or on behalf of someone else, then you will receive these services in accordance with the terms and conditions of the Practitioner who provides you with services (“Practitioner Terms”) which you will also need to accept. This is because PRN Care is not a supplier of healthcare services and is not involved in any consultant or medical diagnosis. The Practitioner terms will be available to you when you request the services of a Practitioner via the PRN Care App
- That you waive any rights to cancellation of services you request from Practitioners other than as set out in these Terms and the Practitioner Terms
- PRN Care cannot accept any liability whatsoever, whether direct or indirect, for the acts or omissions of any Practitioner who may respond to your request for a Telephone Consultation or a Visit (please see sections 2, 8, 9 and 10 for further information about our liability to you)
1.2 Why you should read these terms
Please read these terms carefully before you access the PRN Care App. These Terms tell you who we are, how you can access the PRN Care App and the services available on it, how you and we may change or end our contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
You should not use these services if you need emergency medical assistance. If you do need emergency medical assistance you should call 119 or visit your local hospital.
1.3 Who we are
We are PRN Care Limited (“PRN Care Limited”, “us”, “our”, and “we”), a company registered in Ghana. Our company registration number is CS051792018 and our registered office is atAK034 Komfo Anokye Road, Kumasi, Ghana.
1.4 Who you are
“You” are the person accessing the PRN Care App in accordance with these Terms. You are the “Patient” who will receive services via the PRN Care App or who will access services on behalf of someone else who will be the Patient.
You confirm that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the PRN Care App.
You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you and to download or stream a copy of the PRN Care App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the PRN Care App and receipt of services accessed via the PRN Care App on or in relation to any Device, whether or not it is owned by you.
To be eligible to register for a PRN Care Account you must be 18 years of age or older. Parents or Legal guardians may add children below the age of 18 years of age to their primary PRN Care Account as Patients after initial registration.
1.5 Acceptance of these Terms
By accessing or using the PRN Care App, you are accepting these Terms
1.6 How to contact us
You can contact us by writing to us at email: email@example.com or by post.
1.7 How we may contact you
If we have to contact you we will do so by writing to you at the email address or postal address you provided to us when setting up your PRN Care Account.
You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
1.8 “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails. For contractual purposes, you (a) consent to receive communications from PRN Care in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PRN Care provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing
1.9 Your submission of information
We may change these Terms, without your consent, to reflect changes in relevant laws and regulatory requirements. Where this is the case we will give you reasonable notice and inform you of the nature of the changes wherever possible.
We will only make other changes if we notify you in advance of the changes. New Terms will be displayed on-screen. We recommend that you review these Terms on a regular basis. You understand and agree that any use by you of PRN Care following changes having been posted by us, will be deemed acceptance of such changes.
2.1 Services we will provide
PRN Care is an online app that enables you to access the medical services of a General Practitioner (a “PRACTITIONER”) by requesting a telephone consultation with a PRACTITIONER (a “Telephone Consultation”) and/or requesting for a PRACTITIONER to visit your home, hotel or office or other residence to provide a medical consultation (a “Visit”). The detailed terms of these services are in accordance with sections 5, 6 and 7 of these Terms.
2.2 Services you can access via the PRN Care App
Medical services are provided by the PRACTITIONERs. PRACTITIONERs will provide services to you on terms which you can accept when you select a PRACTITIONER for a Telephone Consultation or Visit. PRACTITIONERs are not employees of PRN Care.
PRN Care and its employees do not provide medical services. However, PRN Care carries out appropriate checks to make sure that the PRACTITIONERs working on the PRN Care App hold all necessary qualifications. Specifically, we ensure that:
- all PRACTITIONERs are fully qualified and registered with the General Medical Council (the body which is responsible for setting and enforcing standards for medical practitioners) and maintain all professional registrations and comply with all professional standards and GMC guidelines, including in relation to training obligations
- all PRACTITIONERs have adequate indemnity insurance
However, you expressly acknowledge and agree that:
- Subject to the terms of section 10 of these Terms, PRN Care cannot accept any liability whatsoever, whether direct or indirect, for the acts or omissions of any PRACTITIONERs who may respond to your request for a Telephone Consultation or a Visit. Furthermore, PRN Care does not represent or endorse the accuracy of a PRACTITIONER’s advice or quality of the service that a PRACTITIONER provides.
- Whilst we will try our best to ensure that a PRACTITIONER is available to (i) carry out a Telephone Consultation as soon as reasonably practicable after your request and/or (ii) arrive at the Patient’s home, hotel or office (as applicable) within one hour of your request, if you believe that you or the relevant Patient (as applicable) requires urgent medical care, we advise you to call the emergency services (119) immediately.
- Subject to the terms of section 10 of these Terms, PRN Care cannot accept any liability for any damage suffered by you or anyone else as a result of a PRACTITIONER not accepting the request for a Telephone Consultation, a PRACTITIONER visit being delayed or the PRACTITIONER not making the requested telephone visit as a result of the delay and/or failure of the PRACTITIONER or the delay in the operation of and/or failure of the PRN Care App itself.
- If our performance under these Terms is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
3.1 Account Creation. In order to use the PRN Care App, you must register for an account (your PRN Care Account) and provide the following prompted by the account registration form:
- Email, mobile telephone number, name, date of birth, gender, address, payment details.
- Certain details requested that are optional include: Pre-existing health problems, current medication and any allergies.
- You may also provide the contact details of the regular PRACTITIONER you are registered with
(together, the “Patient Information”).
3.2 Your PRN Care Account may be used to register multiple Patients to receive services, for example all Family members. Where that is the case, Patient Information will need to be provided for each Patient. Each Patient will be deemed to have accepted these Terms.
3.3 You confirm that: (a) all Patient Information you submit is truthful and accurate; (b) you have obtained the consent of all relevant individuals in respect of the Patient Information you have provided; (c) you will maintain the accuracy of such Patient Information and inform us if any such information changes.
3.4 If you do not provide this Patient Information in reasonable time or the information is incomplete or incorrect then you agree that you may not be able to access services from PRACTITIONERs.
3.5 You may delete your PRN Care Account at any time, for any reason, by following the instructions on the PRN Care App. We may suspend or terminate your PRN Care Account in accordance with sections 11 and 12 of these Terms.
3.6 Account Responsibilities. You are responsible for maintaining the confidentiality of your PRN Care Account login and password information and are fully responsible for all activities that occur under your PRN Care Account. You agree to immediately notify PRN Care of any unauthorised use, or suspected unauthorised use of your PRN Care Account or any other breach of security at firstname.lastname@example.org. Subject to the terms of section 10 of these Terms, PRN Care cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- ACCESS TO THE PRN CARE APP
4.1 Licence. Subject to these Terms, PRN Care grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the PRN Care App solely for your own personal, non-commercial use for the sole purpose of requesting a Telephone Consultation and/or requesting a Visit.
4.2 Specific Restrictions. If you are not the person benefiting from the PRACTITIONER’s services, you may only request a Telephone Consultation and/or Visit for the Patient, if:
(a) the Patient is a family member; or
(b) the Patient is under the age of 18 years old or you are otherwise the parent or guardian of that Patient;
and the Patient is registered under your PRN Care Account;
4.3 Other Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the PRN Care App, whether in whole or in part, or any content displayed on the PRN Care App; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the PRN Care App; (c) you will not access the PRN Care App in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the PRN Care App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the PRN Care App will be subject to these Terms.
4.4 All copyright and other proprietary notices on the PRN Care App (or on any content displayed on the PRN Care App) must be kept on all copies of the PRN Care App.
4.5 Modification. PRN Care Limited reserves the right, at any time, to modify, suspend, or discontinue the PRN Care App (in whole or in part) with or without notice to you. Subject to the terms of section 10 of these Terms, you agree that PRN Care will not be liable to you or to any third party for any modification, suspension, or discontinuation of the PRN Care App or any part thereof.
4.6 No Support or Maintenance. You acknowledge and agree that PRN Care will have no obligation to provide you with any support or maintenance in connection with the PRN Care App but we will endeavor where possible to provide help if you email us at info@PRN Care.com
4.7 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the PRN Care App and its content are owned by PRN Care or PRN Care’s suppliers. Neither these Terms (nor your access to the PRN Care App) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 4.1. PRN Care and its suppliers reserve all rights not granted in these Terms. There are no implied licenses’ granted under these Terms.
- TELEPHONE CONSULTATIONS AND VISITS
5.1 When you set up your PRN Care Account, you will be required to provide us with the Patient Information. To request a Telephone Consultation and/or a Visit, you will be required to provide some additional information (to the extent this has not been provided in the Patient Information). This additional information includes the following:
(a) For the purpose of a Telephone Consultation, your telephone number;
(b) For the purposes of a Visit, confirmation of address where you would like the PRACTITIONER
to attend (the “Patient Address”);
(c) For the purposes of a Telephone Consultation and/or a Visit:
(i) a brief description of the symptoms of the Patient;
(ii) your card payment details;
(together, the “Consultation Information”).
5.2 You confirm to us that:
(a) all Consultation Information provided by you is true, accurate and complete;
(b) to the extent applicable, you have all the necessary consents and/or authority to provide us with the Consultation Information;
(c) you will notify US of any changes in the Consultation Information.
5.3 In relation to any Telephone Consultation, you agree:
(a) to the extent the Patient is a child, to speak on behalf of the child where necessary;
(b) not to act (or allow any person, including the Patient, to act) in any manner which is or could reasonably be considered to be, intimidating or aggressive, or use any foul or abusive language to the PRACTITIONER, or request the PRACTITIONER to provide any services other than in relation to the subject of the Telephone Consultation, or make any payment to the PRACTITIONER other than through the PRN Care App.
5.4 In relation to any Visit, you agree:
(a) to the extent the Patient is a child, to be present at all times in the same room as the Patient during the Visit;
(b) to ensure that the PRACTITIONER is able to carry out the Visit in a safe working environment and not act (or allow any person, including the Patient, to act) in any manner which is or which could reasonably be considered to be, intimidating or aggressive, or use any foul or abusive language to the PRACTITIONER, or request the PRACTITIONER to provide any services other than in relation to the subject of the Visit, or make any payment to the PRACTITIONER other than through the PRN Care App;
5.5 You acknowledge that, as part of the Telephone Consultation and Visit, the PRACTITIONER will be required to, amongst other things, take clinical notes, record the symptoms, examination findings and any advice given. In addition, in respect of Visits only:-
- You acknowledge that a prescription or medication or treatment will only be supplied if it is clinically required and on the sole discretion of the PRN Care visiting PRACTITIONER.
- You also understand that strong analgesics including morphine based drugs and sleeping tablets or benzodiazepines are not and will not be prescribed by PRN Care PRACTITIONER’s.
- Additionally, medications that would normally only be prescribed in a hospital setting or by a specialist will not be initiated or prescribed by a PRN Care PRACTITIONER.
- In addition to your Visit, you accept that your PRN Care PRACTITIONER will (at additional charges as set out within the PRN Care App) be able to provide a referral letter, provide a sick-note and/or provide a private letter (any such action being, “PRACTITIONER Follow-Up Action”).
- You agree that any PRACTITIONER Follow-Up Action may be processed by PRN Care on behalf of the PRACTITIONER.
- You also agree that to the extent you have provided consent and details of your registered PRACTITIONER as part of your Patient Information, your records may be sent to the Patient’s registered PRACTITIONER.
5.6 You acknowledge, that all PRN Care PRACTITIONER’s are governed by GMC (General Medical Council) rules and regulations – ‘duties of a doctor’, and may, in exceptional circumstances have to break confidentiality to inform social services if there are any adult or child safeguarding concerns. Additionally, if there is an immediate risk or danger to patients and/or the public, PRN Care PRACTITIONER’s are obliged inform relevant authorities including the Police, social services and/or the patient’s regular PRACTITIONER or other doctor.
6.1 The PRN Care App provides Patients with the ability to arrange for a PRACTITIONER appointment (either by way of Telephone Consultation or Visit) with their chosen PRN Care PRACTITIONER as soon as reasonably practicable after a request is made. You expressly acknowledge and agree that you waive any rights to cancellation of your Telephone Consultation or Visit other than as set out in these Terms and the terms you enter into with each PRACTITIONER who provides services to you.
6.2 Upon making a request for a Telephone Consultation from a PRN Care PRACTITIONER, you will be asked to confirm that you accept being charged the applicable fees. Once you press the “Request Call” button, you may not cancel your request. If the PRN Care PRACTITIONER does not make contact with you, or rejects or cancels the telephone call request, you will not be charged.
6.3 Upon making a request for a Visit from a PRN Care PRACTITIONER, you will be asked to confirm that you accept being charged the applicable fees. Once you press the “Request Visit” button, you may only cancel this home Visit request within an initial 5 minutes of your home visit booking (after the PRACTITIONER has accepted your visit request), or if the PRACTITIONER has not accepted your visit request. You will still be charged for the Pre-Visit Telephone consultation fee. If, for whatever reason, you do cancel your request after 5 minutes, you will be charged 75% of the applicable fees.
6.4 Once you have made a request for a Telephone Consultation or Visit from a PRN Care PRACTITIONER, your chosen PRN Care PRACTITIONER will be notified via the PRN Care PRACTITIONER App and will be provided with your details.
6.5 You will be notified via the PRN Care App once your chosen PRN Care PRACTITIONER has accepted your request for a Telephone Consultation and/or a Visit.
6.6 For Telephone Consultations only:
(a) if, as a result of your Telephone Consultation, your chosen PRN Care PRACTITIONER considers that it would be clinically appropriate to upgrade your consultation to a home Visit they will be able to offer this service after your call via the PRN Care App. You will be notified within the PRN Care App of the PRACTITIONER’s recommendation. You can then either accept or decline this recommendation. If you accept, you will be liable for the charges for a Visit;
(b) if, your PRN Care PRACTITIONER cannot make contact for whatever reason or the line is inaudible, you will not be charged and the Telephone Consultation will be cancelled after 10 minutes. If your PRN Care PRACTITIONER calls you more than two (2) hours after the request was made, you are entitled to refuse the Telephone Consultation and you will not be charged for the Telephone Consultation. Notwithstanding your right to cancel, if you accept a call to carry out the Telephone Consultation, you will be liable to pay the PRACTITIONER Phone Consultation Fee in full on completion of the Telephone Consultation.
6.7 For Visits only:
(a) if, as a result of your pre-Visit assessment call, your chosen PRN Care PRACTITIONER considers that for whatever reason (including, but not limited to, as a result of the Patient’s symptoms described to the PRN Care PRACTITIONER), it is not appropriate and/or necessary for the PRN Care PRACTITIONER to conduct the Visit, you will be liable to pay the fees of the PRN Care PRACTITIONER that would have applied had only a Telephone Consultation been requested.
(b) if your chosen PRN Care PRACTITIONER does not for whatever reason accept your request for a Visit within 10 minutes after the request is made, you will receive a notification message confirming that the Visit has been cancelled. You will then have the option of choosing another available PRN Care PRACTITIONER to conduct the Visit.
(c) if your chosen PRN Care PRACTITIONER arrives at the Patient’s address more than two (2) hours after the time the request was made, you are entitled to refuse the PRN Care PRACTITIONER entry to the relevant property to carry out the Visit and you will not be charged for the Visit. Notwithstanding your right to cancel, if you accept the PRN Care PRACTITIONER entry to the relevant property to carry out the Visit, you will be liable to pay the fees of the PRN Care PRACTITIONER in full on completion of the Visit.
(d) When a PRACTITIONER’s assessment of the Patient, either during the pre-Visit assessment call or upon arrival, indicates that an intimate examination of the Patient would be recommended, then the following will apply:
(i) the PRACTITIONER will offer the Patient the option of having an impartial observer (a chaperone) present wherever possible.
(ii) The qualifications and responsibilities of a chaperone will be explained to you by the PRACTITIONER. Usually this should be a health professional and not a relative or friend.
(iii) You may decide not to proceed with the Visit either during the pre-Visit assessment call or during the Visit itself (if based on diagnosis information about the Patient provided on the pre-Visit assessment call there is an indication that an intimate assessment will be required during the Visit), if both an intimate examination is fundamental to any diagnosis and if a suitable chaperone cannot be present. In this situation you will only be charged for the pre-Visit assessment call. However, if the PRACTITIONER has already arrived for the Visit and based on diagnosis information about the Patient provided on the pre-Visit assessment call there was no indication that an intimate assessment would be required during the Visit, then all Visit charges will still be applicable.
(iv) You may decide to proceed with an intimate examination without a chaperone present if you expressly give your consent to the PRACTITIONER for that, but the PRACTITIONER may decline, at their discretion, to proceed with the intimate examination if a chaperone is not present and it is fundamental to any diagnosis. In this situation, if the PRACTITIONER has not arrived for the Visit, you will only be charged the pre-Visit assessment call fee. If the PRACTITIONER has already arrived, all Visit charges will still be applicable. In this situation, the PRACTITIONER will direct you to services that will enable you to have a chaperone present.
6.8 If you breach any of your obligations under clauses 5 and 6, including if you make significant changes to Patient Information or Consultation Information after a request for a Telephone Consultation and/or Visit has been made which means that a PRN Care cannot provide the services on the agreed terms, then you will be deemed to have cancelled your request for services and you will be liable for 100% of the PRACTITIONER fees.
- PRACTITIONER SERVICES AND FEES
You will be charged fees for Telephone Consultations and Visits by PRACTITIONERs as clearly set out on the PRN Care App.
PRACTITIONER Fees for Telephone Consultations
7.1 Before you confirm your request for a Telephone Consultation, you will receive a summary of what the Telephone Consultation includes.
7.2 The cost of the Telephone Consultation will be clearly set out on the PRN Care App when you select a PRACTITIONER and you will be asked to confirm that you agree to the specified cost of the Telephone Consultation (the “PRACTITIONER Phone Consultation Fee”) before submitting your request to receive services from a PRACTITIONER.
7.3 The amount of the PRACTITIONER Phone Consultation Fee will vary depending on the day and/or time of the request for a Telephone Consultation. We reserve the right to change the price of the PRACTITIONER Phone Consultation Fee, Extended Time Fees and PRACTITIONER Follow-Up Action Fees (see below). You will always be given the option of agreeing to the cost when submitting your request to receive services from a PRACTITIONER.
7.4 The PRACTITIONER Phone Consultation Fee is payable in respect of a telephone consultation of up to10 minutes (the “Call Allocated Time”). The full amount of the PRACTITIONER Phone Consultation Fee will be payable even if the Telephone Consultation lasts for less than the Call Allocated Time. After 10 minutes (the Call Allocated Time) you may continue to speak to the PRACTITIONER (“Extended Time”) and additional charges will be applicable for any telephone call time extension(“Extended Time Fees”). Extended Time Fees will be £10 for every additional 5 minutes of Extended Time. Even if this Extended Time lasts for less than 5 minutes. You will be notified of the cost of Extended Time Fees by the PRN Care App.
7.5 In addition to your Telephone Consultation, you accept that your PRN Care PRACTITIONER will (at additional charges as set out within the PRN Care App) be able to provide a referral letter, provide a sick-note and/or provide a private letter (any such action being “PRACTITIONER Follow-Up Action” and related fees being “PRACTITIONER Follow-Up Action Fees”).You will be notified of the cost of PRACTITIONER Follow-Up Action Fees by the PRACTITIONER and then via the PRN Care App. PRACTITIONERs will not be able to prescribe medications to Patients during or as follow up to a Telephone Consultation.
PRACTITIONER Fees for Visits
7.6 Before you confirm your request for a Visit, you will receive a summary of what your Visit includes.
7.7 Each Visit by your PRN Care PRACTITIONER will last for a period of up to 25 minutes (the “Allocated Time”). The Allocated Time will begin from when the PRN Care PRACTITIONER arrives at the Patient’s location. The PRN Care App will notify you once the Allocated Time has elapsed.
7.8 The cost of the Visit (the “Visit Fee”) will vary depending on the day and/or time of the proposed Visit. To the extent, for whatever reason, the Visit extends beyond the Allocated Time, you will be charged an amount (the “Additional Visit Fee”) for each additional 10 minutes. The Visit Fee and the Additional Visit Fee will be clearly set out on the PRN Care App when you select a PRACTITIONER and you will be asked to confirm that you agree to these costs before submitting your request for a Visit to receive services from a PRACTITIONER.
7.9 If a PRACTITIONER recommends prescription of medications for a Patient then the PRACTITIONER will provide a prescription for dispensing at a pharmacy or, if available, by the PRACTITIONER during the Visit. There will be no charge for prescriptions supplied to a Patient during a Visit and for faxing or emailing such prescriptions to a pharmacy, but you will be required to pay the pharmacy for the costs of the medication dispensed by it and any delivery company for delivery costs, in accordance with their respective terms. If the PRACTITIONER is able to dispense medication during the Visit (an “Additional Service”) then you will be liable to pay the PRACTITIONER for the cost of this (an “Additional Service Fee”). Additional Service Fees will be notified to you by the PRACTITIONER and then via the PRN Care App. Neither the PRACTITIONER nor PRN Care will be liable if a medication cannot be dispensed by the PRACTITIONER or by any pharmacy, for any reason. If medication is required as a matter of an emergency then you should call 119 or visit your local hospital. You will not be charged for medications that are not dispensed.
7.10 We reserve the right to change the price of the Visit Fee and the Additional Visit Fee and the Additional Service Fee and PRACTITIONER Follow-Up Action Fee (see below) from time to time. You will always be given the option of agreeing to the cost when submitting your request to receive services from a PRACTITIONER.
7.11 Once the PRN Care PRACTITIONER has completed the Visit, the PRN Care App and PRACTITIONER will confirm the amount of the Visit Fee (and if applicable, the Additional Visit Fee and the Additional Service Fee and any PRACTITIONER Follow-Up Action Fees) that has become due and payable. In addition, shortly after the PRN Care PRACTITIONER has left you, you will also receive an email confirming the same. Such fees will become due and payable immediately once the Visit has ended. The Visit Fee (and if applicable, the Additional Visit Fee and any Additional Service Fee and any PRACTITIONER Follow-Up Action Fees) will be charged from the card details provided to us in your Patient Information.
7.12 In addition to your Visit, you accept that your PRN Care PRACTITIONER will (at additional charges as set out within the PRN Care App) be able to provide a referral letter, provide a sick-note and/or provide a private letter (any such action being “PRACTITIONER Follow-Up Action” and related fees being “PRACTITIONER Follow-Up Action Fees”).You will be notified of the cost of PRACTITIONER Follow-Up Action Fees by the PRACTITIONER and then via the PRN Care App.
7.13 Following a Visit, you may request a follow-up Telephone Consultation with your PRN Care PRACTITIONER for non-emergency queries. A request can be made via the PRN Care App. There will be no charge for this Telephone Consultation. The PRACTITIONER will call you as soon as they are able to do so, but there will be no prescribed time period in which they must do so.
7.14 We will pass on changes in the rate of VAT in the fees that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
7.15 If you disagree with the amount of fees that the PRN Care PRACTITIONER has confirmed is due and payable, as notified to you via the PRN Care App, you must inform the PRN Care PRACTITIONER at the time of the Visit and/or Telephone Consultation and send a message to PRN Care through PRN Care App, explaining your concern (a “Dispute”).
7.16 You expressly acknowledge and agree that any Dispute is between you and the PRN Care PRACTITIONER and to the fullest extent permitted by law and the terms of section 10, PRN Care accepts no liability in respect of the payment of fees to the PRN Care PRACTITIONER. However, PRN Care PRACTITIONERs have agreed that PRN Care may investigate Disputes on their behalf and that PRN Care may arrange for third party payment processors to retain fees due to PRACTITIONERs (and then return them to you) where, following investigation, we agree that you have legitimate grounds for the Dispute.
7.17 PRN Care reserves the rights to arrange for third party payment processors to debit your card prior to any resolution of such Dispute.
7.18 You may also bring a complaint or dispute about our services via alternative dispute resolution, which is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
Processing of Payments
7.19 We use a third-party payment processor to take payments from you for the PRACTITIONER Fees (“Payment Services”). The processing of any such payments will be subject to that third-party’s terms of service and privacy policies which will be available when you make your payment.
7.20 We cannot accept any liability for any damages (whether direct or indirect) caused as a result of the provision of the Payment Services.
- PERSONAL DATA
8.1 In order to use the PRN Care App, you may be required to disclose to us the personal data identified in these Terms including Patient Information and Consultation Information (which will include sensitive personal data) relating to you and other data subjects, for example Patients who are not yourself (personal data, sensitive personal data and data subjects all as defined in the Data Protection Act 1998). You expressly consent to providing us with this personal information, including financial and medical information.
8.2 You confirm that you consent to our use of your personal information as described above and that each Patient has agreed that you, as the holder of the PRN Care Account, may access and receive and disclose to us their personal information as described above.
(a) We may access and use your data for audit, performance monitoring and dealing with complaints and disputes, and for providing your data to other PRACTITIONERs providing services via the PRN Care App where such PRACTITIONERs require access to such information, for example because you request services from them;
(b) any data disclosed by you or another Patient to a PRACTITIONER during a Telephone Consultation or a Visit is disclosed entirely at your or the Patient’s own risk;
(d) to the fullest extent permitted by law and the terms of section 10, we are not liable to you in respect of any damages, losses or expenses incurred by you and/or any other Patient as a result of any PRACTITIONER’s use of your data;
8.5 Services provided via the PRN Care App will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the PRN Care App on the Device. If you use these services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Devices.
The PRN Care App is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law and section 10, PRN Care (and our suppliers) expressly disclaim any and all warranties and conditions of any kind.
We (and our suppliers) make no warranty that the PRN Care App will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
- LIMITATION ON LIABILITY
10.1 If you suffer personal injury or death caused by our negligence, there is no limit on our potential liability to you.
10.2 We also do not seek to limit or exclude our potential liability for anything else which cannot be legally limited or excluded.
10.3 Other than under section 10.1 or 10.2 our liability to you is limited to 150% of the fees you have paid to the PRACTITIONER in respect of the provision of services which gives rise to any liability of us to you under these Terms.
10.4 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to us reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. You agree that it includes, for example, loss of your profits and loss of your data.
10.5 Access to, and use of, the PRN Care App is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
- SUSPENSION OF THE SERVICES
11.1 We may have to suspend the services available to you via the PRN Care App in the following circumstances:
- to deal with technical problems or make technical changes;
- to update the services to reflect changes in relevant laws and regulatory requirements;
- if in the reasonable professional opinion of a PRACTITIONER, it is unsuitable for you to receive the relevant service;
- you display abusive, violent or threatening behaviour unacceptable to us; or
- we are expressly instructed not to do so by an emergency service provider who has authority to give that instruction, for as long as that instruction applies
- if you do not co-operate with us in respect of the services to be provided to you or you do not comply with these Terms, for example by failing to make payment to PRACTITIONER’s who provide you with services.
11.2 We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we suspend the services for 2 weeks or more then at the end of that time we may terminate the services and your access to them via the PRN Care App. Where reasonably possible, we will explain to you the action we are taking, when that action takes effect, and the reasons for it. When doing so we will also inform you of your right to challenge the action taken through our complaints process
- TERM AND TERMINATION.
12.1 Subject to this Section, these Terms will remain in full force and effect while you use the PRN Care App. Provided you are not in the course of receiving services from PRACTITIONERs via the PRN Care App, you can end the contract between you and us set out in these Terms by disabling your PRN Care Account at any time.
12.2 We may suspend or terminate your rights to use the PRN Care App (including your Account) at any time for any reason at our sole discretion, including for any use of the PRN Care App in breach of these Terms.
12.3 Upon termination of your rights under these Terms, your Account and right to access and use the PRN Care App will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.
12.4 PRN Care will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following sections of these Terms will remain in effect: 8, 9 and 10.
13.1 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the PRN Care App.
13.2 Waiver. A waiver by PRN Care of any right or remedy under these Terms will only be effective if it is in writing, executed by a duly authorized representative of PRN Care LTD and will apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms will not operate as a waiver of such right or remedy, nor will it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy will preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
13.3 Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
13.4 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law and the terms of section 10.
13.5 Relationship between you and us. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to PRN Care is that of an independent contractor, and neither party is an agent or partner of the other.
13.6 Transfer of these Terms. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PRN Care LTD’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. PRN Care may freely assign these Terms but only if we give you advance notice. The terms and conditions set forth in these Terms will be binding upon assignees.
13.7 Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
13.8 Copyright/Trademark Information. Copyright © 2018-2019 PRN Care LTD. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the PRN Care App and website (www.PRN Care.com) are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.