TotalDoctor is a health hub through which patients can:
- View health and wellbeing information,
- View the profiles of health specialists registered to use TotalDoctor,
- Send an enquiry to health specialists registered to use TotalDoctor,
- Book and pay for consultations with a medical specialist registered to use TotalDoctor.
The following definitions and rules of interpretation apply in these Terms and Conditions.
- "Booking" means a booking for a health consultation with a health specialist;
- "Booking system" means the facility on the website that allows consultations to be booked directly and paid for;
- “Content” means all audio, video, text, images or other content and information made available by us to you through the Website and may include content which is owned or controlled by third parties which we are permitted to make available to you through the Website;
- “Health Specialist” means a health specialist listed on the Website;
- "Patient" means the person designated as such in the Booking, who requires a consultation with a health specialist;
- “User, you or your” means any person who uses the Website, including those who book an appointment with a Health Specialist using the Website; and
- “Website” means the TotalDoctor websites located at www.totaldoctor.co.uk and related websites, applications, services and mobile applications provided by TotalDoctor.
1.3. A person includes a natural person, corporate or unincorporated body (or not having separate legal personality).
1.4. Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
1.5. Any words following the terms including include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.6. A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
2. Acceptance of the terms
3. Website services and accessing the website
3.1. Total Doctor allows you to search for Health Specialists on the Website by specialism and practice or location and to schedule appointments with Health Specialists. You may also access information on Health Specialists and their practices.
3.3. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice.
3.4. From time to time, we may restrict access to all or some parts of the Website to Users who have registered with us.
3.6. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is hosted or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial- of service attack.
3.7. If you breach clause 3.6, you will be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Website.
3.8. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content, or on any website linked to it.
4. Choosing a health specialist
4.1. The Content on our Website is provided for education, scheduling and general information only. We aim to ensure that the information published on this website is consistent with current medical knowledge and practice. However, medical knowledge and practice is constantly evolving, and individual circumstances may require specific advice that cannot be addressed through this website.
Accordingly, this website is provided for information only. It is not intended to replace a consultation with an appropriately qualified health professional. We cannot guarantee that information provided by us through this website will meet your health or medical requirements. If you are concerned about your health, please contact a health professional.
The Content provided on the Website about the Health Specialists has been submitted to TotalDoctor by the Health Specialists.
4.2. TotalDoctor requires Health Specialists:
- to ensure that any Content the Health Specialists provide to us is accurate, complete and truthful;
- to use reasonable efforts to update the Content on our Website; and
- to ensure that Health Specialists who participate on the Website hold active licenses as required by law to practice the specialities of the services offered by them.
4.3. Notwithstanding the foregoing, TotalDoctor makes no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up-to-date. Further, we make no claim as to any Health Specialists’ professional qualifications, expertise, eligibility, quality of work, price or cost information, insurance coverage or insurance fee assurance, benefit information or other Content. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such Content. Furthermore, we do not in any way endorse or recommend any Health Specialist, procedures, opinions or other information or Content listed or accessible through the Website.
4.4. It is the sole responsibility of the Health Specialist to be eligible and capable of providing the appropriate medical advice, treatment, assistance or procedure.
4.5. You are ultimately responsible for choosing your own Health Specialist. Any arrangement, booking or contract for the provision of medical advice, assistance, diagnosis, treatment or procedure with any Health Specialist listed on the Website is made directly between you and the Health Specialist and TotalDoctor is not a party to such arrangement, booking or contract. Where a consultation is booked via the website using the Booking System, TotalDoctor is acting as an Agent for the health specialist in promoting their services and using a payment service provider to collect charges on behalf of the health specialist. No contract exists between TotalDoctor and the health specialist, or TotalDoctor and the person making the booking / patient for the fulfilment of any consultation or other medical services or materials, except for the contract permitting the health specialist to appear on the website. TotalDoctor is an intermediary between the health specialist and patient and all arrangements for the fulfilment of the consultation and related services are solely between the health specialist and the patient. You acknowledge and agree that any complaint, grievance or any claim you may have that is in any way connected with a Health Specialist and/or Health Specialist’s practice must be addressed and/or brought directly against the Health Specialist and/or their practice and not against TotalDoctor.
4.6. Please note that the Content on the Website is provided solely for your information and you use the Website at your own risk. The Content does not provide you with any advice or recommendation of any kind and must never be used as a substitute for, nor does it replace, professional medical advice, diagnosis, assistance or treatment or procedure. Nothing stated or posted on the Website is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the provision of medical care. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider based on what you have read on the Website and do not use the Website for emergency medical care or needs. In a medical emergency, immediately contact the emergency services.
4.7. Health Specialists listed on the Website with whom you may book appointments, enter into contracts with us, and may pay us a fee in order to be marketed through the Website. We will provide you with Content about the Health Specialists who may be suitable to provide the medical advice you seek based on information that you provide to us such as geographical location and medical specialty.
4.8. You remain liable for any fees or costs or other liabilities that you incur with a Health Specialist. If, after you have booked an appointment with the Health Specialist and, for whatever reason you fail to turn up to the appointment and/or you cancel the appointment, then you may be liable to any charges and/or penalties that the Health Specialist may impose. We encourage you to read all the terms and conditions of the relevant Health Specialist provision of services prior to booking.
5. Changes to these terms
5.1. We may update the Website from time to time and may change the Content at any time. However, please note that any of the Content on the Website may be out of date at any given time, and we are under no obligation to update it.
5.2. We do not guarantee that the Website, or any Content on it, will be free from errors or omissions.
5.3. We cannot guarantee continuous access to the Website. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Website at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Website, or close it indefinitely.
6. Special terms for health specialists
6.1. The Health Specialist represents and warrants that in relation to their profile Content:
- the Content submitted is true, accurate and reflects the Health Specialist’s capabilities in providing the services listed in the Health Specialist’s profile;
- the Health Specialist is appropriately qualified, insured and capable of providing the appropriate medical advice, diagnosis, assistance, treatment or procedure;
6.2. The Health Specialist and Health Specialist’s practice grants to TotalDoctor, its agents and service providers for the entire time the Health Specialist’s profile appears on the Website, a worldwide, irrevocable, royalty-free, fully paid up, transferable, non-exclusive, sublicensable licence for the purpose of:
- providing and maintaining the Website;
- displaying the Health Specialist’s profile by any means and across any media whether now known or invented after the date of publication of the Health Specialist’s profile, in any products, services and information provided by Total Doctor;
- and marketing, research and promotional activities.
- The rights hereby granted shall include the right to link the Health Specialist’s profile to, or to present it in, conjunction with, other material.
6.3. We may:
- disclose to such persons as we reasonably consider to be the owner of the intellectual property in the Content, the Health Specialist’s and/or Health Specialist’s practice’s intention to use such intellectual property right and the Health Specialist and/or Health Specialist’s practice give irrevocable consent to such disclosure; and
- ask the Health Specialist and/or their practice to provide us with suitable documentary evidence that will reasonably satisfy us of the Health Specialist and/or Health Specialist’s practice’s entitlement to make use of the intellectual property right in the Content and to permit us to make use of such intellectual property rights and the Health Specialist and/or Health Specialist’s practice agree to provide such evidence upon request.
6.4. The Health Specialist and the Health Specialist’s practice shall make sure that its officers, employees, agents and service providers shall:
- at all times comply with all anti-corruption laws applicable to them, including without limitation the Bribery Act 2010; and
- not directly or indirectly offer, promise or give (or agree to offer, promise or give) any financial or other advantage with respect to any matters which are the subject of the contract between the Health Specialist and/or Health Specialist’s practice and us and/or to obtain any benefit for us which would violate any anti-corruption laws applicable to the Health Specialist and/or Health Specialist’s practice or us.
6.5. If the Health Specialist and/or Health Specialist’s practice become aware of any breach or suspected breach of clause 8.4, the Health Specialist and/or Health Specialist’s practice must notify us immediately. We may immediately suspend operation of the contract between the Health Specialist and/or Health Specialist’s practice and us on written notice, pending investigation. Health Specialist and/or Health Specialist’s practice must assist us in any such investigation.
6.6. If in our sole discretion we determine that the Health Specialist and/or their practice have breached clause 6.4:
- we may immediately terminate the contract between the Health Specialist and/or Health Specialist’s practice and us by giving the Health Specialist and/or their practice written notice; and
- the Health Specialist and/or the Health Specialist’s practice shall indemnify us and hold us harmless on demand against any and all claims, demands, actions, proceedings, awards, compensation costs (including legal costs and disbursements on a full indemnity basis), expenses, damages, losses, fines, fees, costs and other liabilities of whatsoever nature brought against us arising out of or in connection with such breach.
7. Intellectual property rights
7.1. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and other laws and treaties around the world. All such rights are reserved.
7.2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to Content posted on our Website.
7.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4. Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged.
7.5. You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
8. Limitation of our liability
8.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any Content on it, whether express or implied.
8.3. We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of or reliance on any Content displayed on our Website.
8.4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any Content on it, or on any website linked to it.
8.5. We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9. Transfer of rights and obligations
10. Third-party links and resources in our website
10.1. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and acceptance no liability for them.
11. General terms
11.7. You shall not reverse engineer, decompile, copy or adapt any software or other code or scripts that form part of our website nor attempt to transmit to or via our website any information that contains a virus, worm, trojan, or other harmful or disruptive component.