Terms and Conditions for Clients – Express Consultation

DISCLAIMER

Under UK legislation, healthcare providers operating in the UK must be registered with the Care Quality Commission (CQC) and the General Medical Council (GMC). GlobMed will take all practicable steps to verify that all healthcare providers practising in the UK and recommended by GlobMed will meet these requirements; healthcare providers overseas will be compliant with equivalent requirements in their home jurisdiction. However, please be aware that healthcare providers from outside the UK will only be registered and compliant within their own jurisdictions and they will not be CQC or GMC registered, unless stated otherwise.

GlobMed’s services are not to be used in an emergency.
If you believe that you or the person you are assisting requires urgent medical attention, you should immediately dial 999.

You should call 999 immediately in a critical or life-threatening situation, such as if someone has:

• Difficulty breathing;
• Severe bleeding and it can’t be stopped;
• Severe chest pain;
• A severe allergic reaction;
• Severe burns or scalds;
• Loss of consciousness;
• Major trauma such as the result of a serious road traffic accident, a stabbing, a shooting, a fall from height or a serious head injury;
• Acute confused states and fits that are not stopping;
• You should also call 999 if you believe someone is having a heart attack or stroke;
• If you are unsure or not to call 999, it is always better to err on the side of caution and call.

INTRODUCTION

These terms (“Terms”) form a binding legal agreement by and between the Client and GlobMed incorporated and registered in England and Wales with company number 13334413 whose registered office is at 83 Charlotte Street, London, England, W1T 4PR, for the provision of healthcare management and representation services by GlobMed in relation the provision of healthcare by a third party or third parties.

The Parties agree that the Terms apply solely to the provision of virtual consultations between a Patient and a Healthcare Provider within 72 hours of Client request. Other terms and conditions apply to the GlobMed’s other services.

DEFINITIONS

This Agreement uses the following defined terms:

Healthcare Manager: a GlobMed-appointed employee, responsible for liaising with the Healthcare Provider on behalf of the Client in relation to the performance of the Procedure.

Healthcare File: this includes all the Patient’s relevant medical history including data on the initial assessment of the Patient’s medical history and records, the performance of additional basic health checks and assessments, and any necessary language translations for overseas Healthcare Providers.

GlobMed’s Network: GlobMed’s portfolio of verified Healthcare Providers.

Platform: the digital interface through which the Client accesses GlobMed services being either GlobMed’s website (GlobMed.co.uk), GlobMed’s official mobile application (“the App”), or both.

Consultation: a virtual meeting between Client and Healthcare Provider.
Professional Fees: the fees charged by the Healthcare Provider for the Consultation.
Client: is the person or legal entity instructing GlobMed to represent and procure healthcare solutions on their behalf for the Patient.
Patient: is the person nominated by the Client to receive treatment from a Healthcare Provider.
Healthcare Provider: a licensed third-party healthcare provider introduced by GlobMed to the Client.
GlobMed Services: as defined in clause 3.1.

SERVICES

GlobMed hereby agrees to provide the following services (“GlobMed Services”) in accordance with the terms of this Agreement:

Arrangement of a network of verified and available healthcare providers;

Verification, to the extent practicable, that each Healthcare Provider complies with all relevant legal requirements, has obtained any necessary licences, consents, and permits required for the performance of the services in his/her jurisdiction;

Collation of the medical data of the Patient relevant to the Consultation to create a healthcare report for the Healthcare Provider;

Arrangement of consultation between the Patient and the Healthcare Provider;

Liaison with clerical, medical, and professional staff at all levels on behalf of the Client;

Management and, where practical, resolution of any complaint of the Client in relation to the Healthcare Provider.

This Agreement contains all of the terms of the agreement between the parties and shall supersede any other prior documentation or communication between GlobMed and the Client.

THE MECHANISM OF EXPRESS CONSULTATION WORKS AS FOLLOWS:

GlobMed authorises the Client to access a list of available Healthcare Providers from GlobMed’s Network and to book a Consultation with a Healthcare Provider to take place within 72 hours of the time of booking.

GlobMed will make every effort to expedite bookings, but cannot guarantee same day or next day bookings.

In any instance where the Healthcare Provider selected by the Client is not available for a same day or next day Consultation, the Client will have the option to select another healthcare provider or to request a refund of the booking request payment.

The decision to engage the Healthcare Provider is made by the Client.

When a booking request is made, GlobMed will take payment on behalf of the Client and remunerate the Healthcare Provider. The payment is only refundable before the consultation is confirmed by the Healthcare Provider in accordance with clause 10.

Please be aware, an Express Consultation provided pursuant to these terms is conducted by a Healthcare Provider who has only limited knowledge of the medical history of the Patient and is limited by not being able to see the patient in person. An Express Consultation should be used for a medical opinion and recommendation only.

Each Healthcare Provider is an independent practitioner and is not an employee or subcontractor of GlobMed. In relation to each Healthcare Provider proposed to the Client, the Client warrants that:

If the Patient is not the Client, the Client may only make a Booking on GlobMed’s Platform for that Patient, if:

The Patient is under the age of 18 years old;

The Client is the parent or guardian of that Patient;

The Client has notified GlobMed that they are not the Patient.

PAYMENTS

GlobMed uses a third-party payment processor to take payments from the Client. The processing of any such payments will be subject to that third-party’s terms of service and privacy policies. GlobMed cannot accept any liability in respect of the provision of services by the third-party provider.

COMMUNICATION

The Client agrees to respond promptly to all communications from GlobMed and understands that failure to respond promptly (within two hours between 8am and 8pm) to any communication may result in the rescheduling of the Consultation in accordance with Clause 10.4.

CLIENT OBLIGATIONS

The Client:

Represents and warrants to GlobMed that:

All Patient Details provided are true, accurate and complete; and

It has all the necessary consents and/or authority to provide the Patient Details.

It will notify GlobMed promptly of any changes to any Patient Details.

The Client agrees:

To comply with the rules and practices of the selected Healthcare Provider;

To promptly submit true, accurate, and complete information and documents as requested by GlobMed on behalf of the Healthcare Provider;

To read and study all information provided by GlobMed and the Healthcare Provider.

The Client shall not without the prior written approval of the GlobMed accept services (including services additional to those managed by GlobMed under this Agreement) directly from any Healthcare Provider.

GlobMed shall not be liable for any additional costs incurred by the Client respect of matters outside the Consultation.

COMPANY

OBLIGATIONS

GlobMed shall perform the Services with reasonable skill and care and to a reasonable standard within reasonable time frames and maintaining a high duty of care.

GlobMed will maintain the confidentiality of all medical records and information in accordance with all applicable laws including data protection laws and regulations.

PATIENT’S AUTHORITY AND REPRESENTATION

The Client authorises GlobMed and any applicable healthcare provider in the Company’s Network to:

Obtain from all applicable healthcare providers (including the NHS) any of the Patient medical records or other healthcare information (including intake forms, chart notes, reports, correspondence, and billing statements);

Share the Patient’s medical and personal data (including the personal data below and special category personal data) with the Healthcare Provider (whether inside or outside the UK) to the extent necessary to procure healthcare solutions on the Patient’s behalf;

The Client acknowledges that it has read Company’s privacy policy at https://company.co.uk/privacy-policy/ and confirms its understanding that the Patient’s personal data will only be used by GlobMed to manage and procure healthcare solutions and treatment (and will not be commercialised, sold or used by GlobMed for marketing or scientific research purposes).

CANCELLATION, DELAYS AND RESCHEDULING POLICY

The Client understands that once a booking has been made, on delay or cancelation the healthcare provider is subject to a cost of opportunity based on the income that the Healthcare Provider would have generated providing the time slot to a different client.

A Client can cancel a booking request at any point free of charge before it is confirmed by the Healthcare Provider by sending an email to [email protected] with 1) name and 2) Booking request details.

In the event that the Client cancels a booking after the consultation has been confirmed by the Healthcare Provider, GlobMed shall be entitled to retain 50% of the booking fee to cover Healthcare Provider’s loss of opportunity costs.

In case of the Client being late by more than 10 minutes or rescheduling the Consultation GlobMed shall be entitled to retain 50% of the booking fee to cover Healthcare Provider’s loss of opportunity costs. GlobMed Healthcare Managers will liaise with the Client and Healthcare Provider to reschedule the appointment to a mutually convenient time and date.

The Healthcare Provider will make every effort to be punctual for a Consultation. If the Provider is delayed by 10 minutes or more due to a medical emergency or fails to attend the consultation, the appointment will be rescheduled at a mutually convenient time and the Client will be entitled to a 50% discount.

TERMINATION

The agreement remains in effect until the Consultation is complete. Thereafter the parties shall automatically engage on the Company’s standard terms and conditions https://globmed.co.uk/healthcare-management-terms-and-conditions/

 

FORCE MAJEURE

13.1 Neither party shall be in breach of this Agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances, or causes beyond its reasonable control. The time for the performance of such obligations shall be extended accordingly.

LIABILITY EXCLUSION

To the extent that such exclusions are allowed by law and excepting claims for bodily injury or death due to negligence on the part of Company, GlobMed does not accept any responsibility for any type of damage or loss to the Client caused by third-party Healthcare Providers.

GlobMed will not be liable towards the Client if for any reason the Service is unavailable at any time or for any period.

DISPUTE RESOLUTION

The parties hereby irrevocably and unconditionally submit to the jurisdiction of the courts of England and Wales for the purpose of any suit, action, or other proceeding arising out of or based upon this Agreement.

ASSIGNMENT

Neither party shall assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all its rights and obligations under this Agreement without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).

MODIFICATION OF THESE TERMS

No amendments or modifications to the terms of this Agreement will be binding unless evidenced in writing and signed by an authorised representative of each party hereto.

SEVERANCE

If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.

If any provision or part-provision of this Agreement is deemed deleted under clause 17.1, the parties shall negotiate in good faith to agree on a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

WAIVER

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

NOTICES

Any notice given to a party under or in connection with this Agreement shall be in writing and shall be:
Delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

Sent by email to the address habitually used by the recipient in connection with this Agreement from time to time.

Any notice shall be deemed to have been received:

If delivered by hand, at the time the notice is left at the proper address; or

If sent by pre-paid first-class post or other next working day delivery service;

If sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

GENERAL LEGAL PROVISIONS

These Terms of use are governed by the laws of England and Wales.

The Express Consultation will be conducted in compliance with applicable laws and regulations of the jurisdiction where the healthcare provider operates from.

The Provider will adhere to Patient/Client confidentiality and data protection laws.

GOVERNING LAW AND JURISDICTION

Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in England and Wales. Either party shall be entitled to enforce any judgment of the courts of England and Wales in the courts of any jurisdiction.

BY ENGAGING IN VIRTUAL PAEDIATRIC CONSULTATION, THE PATIENT ACKNOWLEDGES AND AGREES TO THESE TERMS AND CONDITIONS.