These terms and conditions (Terms) govern your access and use of all Hutano Medicals branded applications, websites (including our website and platform located at https://Hutano Medicals.co.uk, content and products (Hutano Medicals Platform) as well as the Services that are made available through the Hutano Medicals Platform (Hutano Medicals, we, us or our).

 

By accessing or using the Hutano Medicals Platform, or by requesting the Services (whichever is earlier), you confirm that you agree to be bound by Terms. If you do not agree to the Terms, you may not access or use the Hutano Medicals Platform or request Services.If you require IMMEDIATE medical attention, contact your treating general practitioner or call emergency services on ‘999’. Do not use the Hutano Medicals Platform if you have, or you think you may have, an emergency or critical condition or symptom, which can include, but is not limited to, chest pain, breathing difficulties or severe bleeding.

 

Scope of Terms

 

The Terms outline the conditions under which we provide you with access to a GMC-registered medical practitioner that is an independent contractor (Partner Practitioners) and facilitate communications between you and Partner Practitioners who can consider your request for, and provide, at their discretion, certain healthcare or medical services, including the provision of a medical certificate, specialist referral, pathology referral, prescription and engage in consultations (Services) access or use of the Hutano Medicals Platform, or your request for a Service, constitutes your agreement to be bound by these Terms and establishes a contractual relationship between you and Hutano Medicals. If you do not agree to the Terms, you must not access or use the Hutano Medicals Platform or request a Service.

 

Amendments

 

You agree that Hutano Medicals may amend these Terms from time to time and any amendments made will become effective upon it posting the updated Terms at this location. Where required by Law, we will notify you of amendments that materially affect your rights under these Terms and provide you with reasonable notice.

 

Our Role

 

We act as the developer and provider of the Hutano Medicals Platform and our role is limited to: (a) taking feedback about the Hutano Medicals Platform; (b) improving and modifying the Hutano Medicals Platform (at our discretion); and (c) facilitating your access to, and use of, the Hutano Medicals Platform so that you can request Services, subject to you paying the Fees.

You agree that: (a) we do not offer or provide the Services or any other medical or health products or and any communication from us or our staff does not constitute medical advice or the provision of a health service; (b) we are not responsible for, and have no control over the use of, the Hutano Medicals Platform by any other person that accesses or uses the Hutano Medicals Platform (including you) (Users); (c) we are not responsible for, and do not control over, the Services or any other medical or health products or services provided by Partner Practitioners, nor do we control any information provided by such parties; and (d) we reserve the right to refuse access to, or the use of, the Hutano Medicals Platform to you or any other person at our sole discretion at any time and without noticeAccount verification and accessYou must create an account (Account) using your personal email and/ or your mobile number to receive and manage the Services, including receiving and managing any communication, documents and other materials from Hutano Medicals and any Partner Practitioners (Materials).

You must ensure: (a) that you do not provide access to your Account to any third parties (including family members or friends); (b) that all information that you provide to set up your Account is true, accurate, complete and up to date; and (c) that you maintain the security, integrity and confidentiality of your email, mobile phone and your Account. If you suspect that there has been unauthorised access to your email, mobile phone or Account, you should notify Hutano Medicals immediately on contact@Hutano Medicals.uk.

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Requests through the Hutano Medicals Platform

 

You represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal right, authority and capacity to agree to, and abide by, the Terms; (c) are capable of consenting to any health or medical treatment (as determined by a Partner Practitioner); (d) you have residential address in the United Kingdom (UK); (e) you will be located in the UK each time you request a Service; and (f) all the information that you provide to us and each Partner Practitioner is true, accurate, complete and up-to-date.

By accessing or using the Hutano Medicals Platform, you acknowledge and agree that: (a) you will comply with the our fair use policy located here (Fair Use Policy); (b) you are not able to choose the Partner Practitioner that provides a Service to you; (c) we do not guarantee the existence, availability, suitability, legality or safety of the Hutano Medicals Platform, the Services or any other products or services; (d) we do not warrant or represent that the Services or other products or services are suitable for you or for any of your conditions; and (e) a Partner Practitioner will only consider one requested outcome for each request for the a Service.

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Partner Practitioner Relationship

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You agree that: (a) when you engage with a Partner Practitioner, you enter into a “practitioner-patient” treatment relationship with that Partner Practitioner; (b) we are not a party to that relationship and we are not liable for any Partner Practitioners’ acts and omissions, including in relation to the Services or other medical and health services that they provide to you or any outcomes provided (for example, a medical certificate, referral, prescription or other outcome) (Health Outcomes); (c) your Partner Practitioner is solely responsible to you for the Health Outcomes that they provide, or fail to provide, to you; (d) your relationship with Partner Practitioners does not replace the role of an in-person medical practitioner (including your usual general practitioner); (e) it is your responsibility to advise your general practitioner of any Health Outcomes provided by a Partner Practitioner or tell us whether you would like us to transfer information about your Health Outcomes to your general practitioner on your behalf; and (f) if you suffer from any noticeable side effects from a Health Outcome, you must immediately consult with your general practitioner or contact us to facilitate a further consultation with a Partner Practitioner.

 

No guarantee of Health Outcomes

 

You agree that: (a) Partner Practitioners have complete discretion to determine whether a Health Outcome is appropriate for you, including the method that they use to provide that Health Outcome to you; and (b) Hutano Medicals and Partner Practitioners do not guarantee that you will receive the Service or a Health Outcome. Without limiting the above, you acknowledge that Partner Practitioners are unable to prescribe certain controlled or addictive medications or provide backdated medical certificates.No Rebates & No Med3 Notes Unless otherwise provided by Hutano Medicals, you agree that: (a) the Services provided by Partner Practitioners are not covered by the NHS; (b) NHS rebates are not available for Services provided; and (c) Partner Doctors do not provide Med3 notes.

 

Termination or suspension of access to Hutano Medicals Platform

 

If you have requested a one-time Service, these Terms will terminate once that Service has been provided to you. If you have requested a subscription for the Services as outlined here (Subscription), these Terms will renew automatically for the period of the subscription that you have elected (for example, if you have elected a monthly subscription, your Subscription will renew on a monthly basis). You may terminate your Subscription at any time, and you will have access to the Services that are part of your elected Subscription through to the end of your billing period, unless you elect to cease access immediately.To terminate your Subscription, you must use the functionality provided through your Account and follow the prompts provided. If you do not have access to your Account, you may contact us at info@hutuanomedicals.co.uk to obtain access to your Account. Except for a written termination notice provided by your legally authorised representative (for example, someone with a valid power of attorney), you agree that Hutano Medicals will not accept termination notices provided by any other third party on your behalf. We may suspend your Account, terminate the Subscription or your access to, or use of the, the Hutano Medicals Platform (in whole or in part) or terminate these Terms: (a) immediately if we believe that: (i) you have breached the Terms, including our Fair Use Policy; (ii) you may be at risk of harm or you may harm other individuals, including because of your use of the Services; or (iii) your conduct is, or is likely to, interfere with the Hutano Medicals Platform, the Services or the rights of any third party; or (b) for any reason and without cause, by giving you 7 days’ written notice.

 

Fees

 

Hutano Medicals may charge you a one-off fee (One-off Fee) or a monthly fee or annual fee for a Subscription (Subscription Fee) in consideration for us providing you with access the Hutano Medicals Platform and the ability to request the relevant Services through the Hutano Medicals Platform (Fees). Hutano Medicals outlines the One-off Fees and Subscription Fees here and prior to check out. You agree that: (a) all Fees are payable in advance and are non-refundable, except as provided in these Terms; and (b) all Fees and other fees, charges and prices are stated in GBP and are inclusive of any applicable taxes (unless otherwise stated); and (c) you are responsible for paying all Fees and taxes and we reserve the right to charge your such applicable taxes.Payment MethodYou agree that: (a) all Fees must be paid in advance with a valid credit or debit card (Payment Method); (b) Subscription Fees must be paid monthly or annually (based on the Subscription that you choose) in advance through your elected Payment Method and access to the Hutano Medicals Platform and any Services is conditional on timely payment of all Fees by you; (c) you authorise Hutano Medicals, or its elected third-party payment processor, to charge your Payment Method in accordance with the Terms, including to carry out validation checks and authorisations and to automatically charge or debit your Payment Method based on the Subscription you have chosen; and (d) if the Fees are not paid to us you remain responsible for any outstanding Fees not paid.

 

Refunds

 

If you have: (a) requested a one-off Service and you have paid the One-off Fee, where a Partner Practitioner determines that Service is not appropriate in your circumstances, then we will refund the One-off Fee paid by you to your original Payment Method within 7 business days upon you notifying us of the Partner Practitioner’s determination; or (b) a Subscription and you terminate it under clause 9 (Termination or Suspension), or if we terminate your Subscription under clause 9 (other than termination without cause), then any Subscription Fees paid will not be refunded and any outstanding Subscription Fees and other fees become immediately due and payable upon termination.If we terminate your Subscription without cause under clause 9 (Termination or Suspension) and you have paid applicable Subscription Fees in respect of the period after termination, we will refund any Subscription Fees you have paid on a pro rata basis to your original Payment Method within 7 business days.Despite anything in the Terms, we will only refund Fees in accordance with this clause 12 (Refunds) to your original Payment Method. If you fail to provide the original Payment Method used to pay for the Fees, Hutano Medicals will provide you with credit up to the value of the refund amount that you can apply to a One-off Fee or Subscription Fee and that will expire 12 months from the date of issue.

 

Discounts

 

Medicals may provide discounts for some or all of the Services and for specific users of the Hutano Medicals Platform under particular circumstances (Discount Codes). You agree that: (a) Discount Codes do not constitute a representation or guarantee that a Partner Practitioner will provide a Service or Health Outcome to you; and (b) unless otherwise stated in writing by Hutano Medicals, the Discount Code: (i) is only valid for a limited time, purpose and application (as provided by Hutano Medicals); (ii) may only be redeemed once per user of the Hutano Medicals Platform; (iii) can only applied at the time of purchase and not retrospectively; (iv) is not transferrable and may not be resold; (v) cannot be used in conjunction with any other offers); (c) a breach of these Terms will invalidate the Discount Code.

 

Use of Platform

 

You may view the Hutano Medicals Platform using a web browser or through an application installed on your mobile device solely for the purposes provided for in these Terms. You agree that: (a) you will only use the Hutano Medicals Platform in accordance with these Terms and only for lawful purposes; and (b) any use other than the use specified under these Terms, including the modification, distribution, transmission, republication, display or performance of the content on the Hutano Medicals Platform, is strictly prohibited. In accessing the Platform, you represent and warrant that you will not: (a) modify or copy the layout of the Hutano Medicals Platform or any computer software and code contained in the Hutano Medicals Platform; (b) commit any act or engage in any practice that: (i) is harmful to our systems, reputation or goodwill; (ii) interferes with or disrupts the integrity of the Hutano Medicals Platform, including but not limited to, by hacking, transmitting any viruses, spyware, malware or any other unauthorised malicious code of a destructive or disruptive nature; (c) create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means; (d) restrict, or attempt to restrict, another person from using or enjoying the Hutano Medicals Platform; (e) interfere with the privacy of another person or otherwise collect information about Users without their consent; (f) infringe any Intellectual Property Rights or any other contractual or proprietary rights of another person; (g) bypass any measures used to prevent or restrict access to the Hutano Medicals Platform; (i) do any act, engage in any practice or omit to do any act or engage in any practice that: (i) is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way; (ii) would cause us to breach or to be taken to breach any Laws; (iii) would bring us into disrepute; (iv) interferes with the integrity or supply of the Hutano Medicals Platform to all Users; (h) encourage or facilitate violations of the Terms; (I) distribute or send communications that contain spam, chain letters, or pyramid schemes; or (J) harass, intimidate, act violently or inappropriately towards or be discriminatory against a User. Intellectual Property RightsWe own or licence all rights, title and interest in the Hutano Medicals Intellectual Property, including any Platform Content.

 

You agree that: (a) your use of, and access to, the Platform Content does not grant or transfer any rights, title or interest to you in relation to the Platform Content; (b) your right to access and use the Platform Content is limited to the duration of your one-off use of a Service or Subscription and solely for your personal non-commercial use; (c) you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Hutano Medicals Platform.

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User Content

 

You agree that: (a) we reserve the right, but we are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or Personal Information created, generated or transmitted by you through the Hutano Medicals Platform (User Content); (b) we do not control the accuracy of User Content; (c) we do not claim ownership of any User Content; and (d) you have obtained all relevant consent and authorisation required for the purpose of the User Content created, generated, transmitted by you through the Hutano Medicals Platform. You: (a) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, assignable and transferable licence to use, reproduce, modify, copy, store and share the User Content, for our business or commercial purposes; (b) consent to any act or omission which would otherwise constitute an infringement of your moral rights; and (c) if a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner. You must not create, upload or generate any User Content: (a) unless you hold all necessary rights, licences and consents to do so; (b) that would cause you or us to breach any Law; (c) that we consider inappropriate, offensive, abusive, indecent or illegal; or (d) that infringes the rights, including intellectual property rights, of any third party. Third Party Links The Hutano Medicals Platform may contain links and other pointers to websites or applications owned or operated by third parties (TP Links). You agree that: (a) we do not control the TP Links and are not responsible for any content in connection with such TP Links; (b) your access to any TP Links is entirely at your own risk and subject to any terms and conditions imposed by the third party provider of the TP Links; (c) you should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to accessing or using the TP Links.

 

Exclusions and limitation of liability

 

Other than the warranties, conditions, rights or guarantees implied by applicable Law, the exclusion of which would contravene such applicable Law or cause this clause to be void (Non-excludable Rights), you agree that the Hutano Medicals Platform, and all Services, Health Outcomes or products and services provided through it, are provided “as is” without any warranty or conditions. Nothing in these Terms has the effect excluding, restricting or modifying the Non-Excludable Rights. Without limiting clause 18.1 (directly above), you agree that we are not liable for any loss, damage, costs or expenses (including legal costs) (Losses) suffered or incurred by you or any other person in connection with: (a) any acts or omissions of Partner Practitioners; (b) the Services, Health Outcomes or any other products or services provided by Partner Practitioners; (c) any transmission or use of the User Content (unless our transmission or use breaches these Terms); (d) any access, disclosure or loss of Personal Information (including Records) caused, or contributed to, by Partner Practitioners. If we are liable for a breach of a Non-excludable Right, to the extent permitted by applicable Law, we limit our liability to: (a) in relation to goods, repairing or replacing those goods, or paying the cost to have those goods repaired or replaced; (b) in relation to services, supplying those services again, or paying for the cost to have those services supplied again. To the extent permitted by Law our total cumulative liability to you for all Losses suffered or incurred by you or any other person for all claims, whether arising in contract, negligence or any other tort, under statute or otherwise (Claim), is limited in aggregate total to the Fees paid by you in the 12 months preceding the most recent Claim determined by reference to the date that the Claim arose. To the extent permitted by Law, we will not be liable to you in respect of any Claim under, or in connection with, these Terms for any loss of profit, data (including loss of Records, Materials or User Content), goodwill or business, for any interruption to business, for any failure to realise anticipated savings or for any consequent, indirect, special, punitive or incidental Losses.

 

Indemnities provided by you

 

You agree to indemnify, and hold harmless, Hutano Medicals, its Affiliates, directors, officers, partners, employees, contractors and agents from any Losses suffered or incurred by them, resulting from, or in connection with: (a) your breach of the Terms; (b) your use of the Hutano Medicals Platform or your violation of any third-party rights; and (c) any Claim by any person that had access to your Account or otherwise had access to the Services through you. Dispute Resolution Except where a party seeks urgent interlocutory relief from the other party, a party must not commence legal proceedings relating to this Agreement unless the party wishing to commence proceedings has complied with this clause. If a dispute arises between the parties out of or relating to this Agreement, then: (a) the party alleging the dispute must notify the existence and nature of the dispute to the other party within 10 days of the dispute arising (Dispute Notice); (b) upon receipt of a Dispute Notice, the parties must, within 5 days, engage in good faith negotiations and use best endeavours to resolve the dispute; (c) if the dispute is not resolved as provided in paragraph (b) within 5 days of receipt of the Dispute Notice, then either party may refer the dispute to mediation as provided in paragraph (d) and must do so before initiating proceedings in a court to resolve the dispute; (e) any dispute which is referred to mediation must be referred to the Resolution Institute and must be conducted in accordance with the Mediation Rules of the Resolution Institution or the parties may appoint a mediator by mutual agreement; and (f) if the dispute is not resolved within 30 days of referral to mediation, any party is free to initiate proceedings in a court in respect of the dispute.

 

Privacy

 

You acknowledge and agree that: (a) we will collect, use and disclose any “Personal Data” and “Special Category Data” (including “Health Data”) (as such terms are defined under the Data Protection Act 2018) (collectively, the Personal Data) that you provide us, and that we collect, when accessing or using the Hutano Medicals Platform, or when receiving a Service, in accordance with our Privacy Notice; (b) any Personal Data you provide us, may be provided to, and accessed by, more than one Partner Practitioner for the purpose of providing you with a Service or any other products and services; (c) that we may record consultations and interactions with Partner Practitioner for training, quality and assurance purposes; (d) Hutano Medicals and Partner Practitioner may contact you, or send Materials to you, via email, calls, text messages (SMS or any other form of text messages) or push notifications to your mobile device; and (e) Hutano Medicals may contact you via email and text message for marketing purposes, which you can choose to opt-out from receiving at any time.

 

You also agree that: (a) Partner Practitioner will keep clinical and other records of their consultations and any interactions with you, which will include your Personal Data (Records); (b) it is each Partner Practitioner’s responsibility to (where applicable) maintain the Record as required by Law; and (c) we may hold the Records and maintain them as required by Law and in accordance with our Privacy Notice. GeneralClauses 3, 6, 7, 8, 10, 11, 12 to 21 survive the expiration or termination of these Terms for any reason, together with these provisions which are expressly stated or by their nature are intended to survive the termination or expiration of these Terms. No waiver of rights under the Terms will constitute a subsequent waiver of this or any other right under the Terms. Any failure on our part to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision. If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

 

This Agreement is governed by the laws in force in England and Wales and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.In these Terms, words importing the singular including the plural and vice versa. The expression "person" used in these Terms will include any individual, partnership, company or unincorporated association. References to "includes" and "including" shall be read as being immediately followed by the words "without limitation".Contact usYour feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments, and suggestions for improvements to the Platform. You may submit feedback by contacting us via info@hutanomedicals.co.uk.

 

Definitions:In these Terms:Authority means: (a) any government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity; or (b) any professional body or self-regulatory organisation that performs statutory functions. Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application. Law means any applicable law (including subordinate or delegated legislation or statutory instruments of any kind) judgment, order, policy or official directive or request (even if it does not have the force of law) of any Authority applicable to any of the parties. Platform Content means all Intellectual Property Rights in the Hutano Medicals Platform, including the material (including all information, text, content, graphics, logos, type forms and software) that are made available on the Hutano Medicals Platform.