TERMS & CONDITIONS OF SUPPLY OF SERVICES

Hapi Healthcare UK Limited, a company incorporated in England and Wales under company number 12359990 (“Hapi Healthcare”, “we” or “us”) provides an online service connects patients to doctors and other medical professionals. It provides this service and related services (the “Services”) through its website at www.hapihealthcare.com (“Our Site”).

IMPORTANT EMERGENCY NOTICE

OUR SERVICES ARE NOT SUITABLE FOR ANY EMERGENCY MEDICAL SITUATION OR FOR ANY DIAGNOSIS OR TREATMENT THAT MAY REQUIRE A PHYSICAL EXAMINATION.

IF YOU ARE IN AN EMERGENCY SITUATION (OR YOU THINK THERE IS THE OPPORTUNITY FOR THE SITUATION TO ESCALATE TO ONE CONSIDERED TO BE AN EMERGENCY SITUATION) OR YOU REQUIRE URGENT OR EMERGENCY TREATMENT, YOU MUST CONTACT THE EMERGENCY SERVICES BY DIALLING 999 OR SEEK OTHER EMERGENCY MEDICAL SERVICES.

MEDICAL EMERGENCIES CAN INCLUDE (BUT THE FOLLOWING IS NOT AN EXHAUSTIVE LIST):

Call 999 immediately if you or someone else is having a heart attack or stroke. Every second counts with these conditions. Also call 999 if you think someone has had a major trauma. Major trauma is often the result of a serious road traffic accident, a stabbing, a shooting, a fall from height, or a serious head injury.

BACKGROUND:

(A) These Terms and Conditions (these “Terms”) together with the attachment below and any and all other documents referred to in these Terms set out the terms and conditions on which Appointments are sold by Us to Consumers through this website, www.hapihealthcare.com (“Our Site”).

(B) Terms and information that are specific to accessing Appointments with a Medical Professional (as defined below) from or via Our Site using the Meddbase Medical Management System (“Meddbase”) are set out in the attachment below for ease of reference but they will have the same effect as if set out in these Terms.

(C) Please read these Terms and the attachment below carefully and ensure that You understand them before purchasing an Appointment. If You have any query about anything in these Terms or the attachment, please contact Us to discuss. When setting up an Account before purchasing any Appointment, You will be required to read, accept, and agree to comply with and be bound by these Terms and the attachment. If You do not, You will not be able to purchase or access an Appointment through Our Site.

(D) All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:

(i) are required by law to give to You before You book an Appointment; or

(ii) voluntarily give to You and You rely on it either when deciding to book an Appointment.

We give You some of that information before You book an Appointment and some it is set out in these Terms and the attachment.

(E) An Appointment is intended for access and use only by a person who is aged 18 or over, and only a person of that age can set up an Account and book an Appointment through Our Site.

(F) These Terms, as well as any and all Contracts, are in the English language only.

(G) These Terms apply only to the purchase of Appointments; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

1. Definitions and Interpretation

1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means the account, referred to in Sub-Clause 7.1, that You must set up with Us in order to book any Appointment;

“Appointment” means any session of medical consultation, or any materials or other information related thereto, which We offer, where those sessions or materials are sold by Us through Our Site and made available by Us via Our Site by means of either (a) two-way synchronous live stream audio and/or video technology provided by Meddbase; or (b) an ‘in-person’ consultation at a designated medical centre or surgery; An Appointment will be more fully described in other information that We give or make available to You before Your order is confirmed. That information may include the name of the Medical Professional who will be present at the Appointment;

“Appointment Confirmation” means Our acceptance and confirmation of Your purchase of an Appointment;

“Consumer” means an individual person who purchases any of Our services comprising an Appointment which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

“Contract” means a contract between Us and You for the purchase of an Appointment, as explained in Clause 7;

“Medical Professional” means the doctor, nurse or other medical professional who provides the consultation services during an Appointment;

“We/Us/Our” means Hapi Healthcare UK Limited a company registered in England under company number 12359990 whose registered address is 20 Wenlock Road, London, England N1 7GU; and

“You” means the Consumer who sets up an Account and purchases an Appointment.

2. Information About Us

2.1 Our Site, www.hapihealthcare.com, is owned and operated by Hapi Healthcare UK Limited a company registered in England under 12359990 whose registered address is 20 Wenlock Road, London, England N1 7GU.

3. Contacting Us

3.1 If You wish to contact Us with general questions, You may contact Us by telephone at 0845 5080855 or by email at support@hapihealthcare.com.

3.2 For matters relating to an Appointment or Your Subscription or Account, please contact Us by telephone at 0845 5080855, by email at support@hapihealthcare.com or by using the live chat feature on Our Site.

3.3 For matters relating to cancellations, please contact Us by telephone at 0845 5080855, by email at support@hapihealthcare.com or by using the live chat feature on Our Site or refer to the relevant Clauses above.

3.4 To make a complaint, see Clause 15.

4. Age Restriction and Consumers only

Only if a person is aged at least 18 years of age and a Consumer may they set up an Account or purchase a Subscription through Our Site and access An Appointment.

5. Business Clients

These Terms and the attachment below do not apply to clients purchasing and accessing an Appointment in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

6. Appointments, Pricing and Availability

6.1 We may from time to time change Our prices. Changes in price will not affect any Appointment that You have already purchased but will apply to any new Appointment.

6.2 All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Appointment at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond.

6.3 All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7. Orders – How Contracts Are Formed

7.1 Our Site will guide You through the process of setting up an Account and purchasing an Appointment. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of an Appointment, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.

7.2 If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of An Appointment that You require) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of An Appointment that results from You providing incorrect or incomplete information.

7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase an Appointment constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You an Appointment Confirmation by email. Only once We have sent You an Appointment Confirmation will there be a legally binding Contract between Us and You.

7.4 Appointment Confirmations shall contain the following information:

7.4.1 Confirmation of the Appointment ordered including full details of the main characteristics of the Appointment available as part of it;

7.4.2 The time and date of Your Appointment; and

7.4.3 Ny other information relevant to your Appointment or order such as anticipated prescription delivery times.

7.5 In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 days.

7.6 Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Appointment.

8. Payment for Appointments

8.1 Payment for Appointments must always be made in advance. Your chosen payment method will be charged when We process Your order and send You an Appointment Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).

8.2 We accept the following methods of payment on Our Site:

8.2.1 All major credit and debit cards.

8.3 If You believe that We have charged You an incorrect amount, please contact Us at support@hapihealthcare.com as soon as reasonably possible to let Us know. You will not be charged for an Appointment while availability is suspended.

9. Provision of An Appointment

9.1 We undertake to make available to You on these Terms the Appointment you select but if You choose not to attend or make Yourself available for the Appointment You will not be entitled to any refund.

9.2 You will be required to identify yourself to the Medical Professional at the start of the Appointment using a current passport or drivers’ licence. The Medical Professional will not be able to continue with the Appointment if you do not identify Yourself, and You will not be entitled to a refund.

9.3 The Medical Professional will record the results of the Appointment (as required by law and regulatory requirements). We do not have access to any information or medical records which may be disclosed or recorded during the Appointment and have no responsibility or liability in respect of such information or data. Please refer to our privacy policy for more information about our privacy and data protection obligations and responsibilities.

9.4 All confirmed Appointment times are indicative only, and We cannot guarantee that the Appointment will commence at the stated appointment time or within a specified time parameter. At times, due to medical emergencies and other reasons beyond Our reasonable control, We may also need to change the time of Your Appointment. We reserve the right to do so at any time up to the confirmed start time of Your Appointment. We will, in such circumstances, write to You to agree an alternative Appointment time.

9.5 On the date and time of your Appointment, You must click on the link provided to you to commence your Appointment. You will also find this link on your Account with us, which you can access by logging in to your Account on Our Site. The link will become active ten (10) minutes prior to the start of your Appointment. The Medical Professional allocated to you shall be entitled to move on to his/her next appointment if you are more than five (5) minutes late to your Appointment, and you will be considered to have missed your appointment. You will be charged in full for all missed Appointments so we recommend that you test the link shortly before the Appointment start time to ensure the link works.

10. Licence

10.1 When you use Our Site or create an Account you may access intellectual property rights that We or Our licensors own or license. Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable and revocable licence, without the right to sublicense, to access and use the Services solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Our Site or any content thereon, except as expressly permitted in these Terms, without Our express prior written consent. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us or Our licensors, except for the licences and rights expressly granted in these Terms.

11. Problems with the An Appointment

11.1 By law, We must provide services of satisfactory quality, fit for purpose, and as described. If any Appointment does not comply, please contact Us as soon as reasonably possible to inform Us of the problem.

11.2 If there is a problem with any Appointment, please contact Us at support@hapihealthcare.com or visit the contact page on Our Site https://hapihealthcare.com/contact-us/uk.php to inform the Customer Services Team of the problem.

11.3 Any Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.

11.4 Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Appointment.

11.5 For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

12. Cancelling Your Appointment

12.1 If You are a Consumer in the UK or European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Appointment for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Appointment Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access an Appointment, or 14 calendar days after the date of Our Appointment Confirmation, whichever occurs first.

12.2 Notwithstanding clause 12.1, due to the nature of the services being provided and to ensure the availability of the relevant Medical Professional, You will only be entitled to a refund if You cancel or reschedule an Appointment more than 24 hours before than the confirmed start time of your Appointment. If you cancel or reschedule Your Appointment within 24 hours of the confirmed start time, you will be charged in full for the Appointment.

12.3 If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation in any way You wish, however for Your convenience We offer a cancellation form on Our Site [link] and will include a link to it with the Appointment Confirmation. Cancellation by email is effective from the time You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details:

12.3.1 Telephone: 0845 5080855;

12.3.2 Email: support@hapihealthcare.com;

in each case, providing Us with Your name, address, email address and telephone number

12.4 Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.

12.5 Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription.

13. Our Liability to Consumers

13.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

13.2 An Appointment is intended for non-commercial use only. We make no warranty or representation that the Appointment is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

13.3 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for an Appointment which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.

13.4 We shall not be liable for any defects or errors in the Meddbase system, nor interruptions in or unavailability of the Meddbase system, nor any breach of any obligations due to a cause beyond our reasonable control.

13.5 Subject to paragraph 13.3 above, and to the extent permitted by law, neither Us, any Medical Professional or any third parties involved in or connected with the provision of the services provided pursuant to these Terms shall be liable for: a) any loss, damage or distress arising from reliance on information or reliance on availability of Our services; or b) any indirect, consequential or economic loss, damage or distress (including any such loss, damage or distress arising from unauthorised use of or damage to your data or content), incurred by you or any user of Our services as a result of using the Meddbase System.

13.6 All Medical Professionals are independent contractors and any advice provided or offered to you by a Medical Professional during an Appointment is the sole responsibility of that Medical professional. In the circumstances, and to the extent permitted by law, We do not warrant or make any representation as to the advice provided by any Medical Professional, and disclaims any liability for the acts or omissions of any Medical Professional.

13.7 Nothing in these Terms seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

14. Complaints and Feedback

14.1 We always welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

14.2 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

a) In writing, addressed to Customer Services , 20 – 22 Wenlock Rd, London, N1 7GU

b) By email, addressed to support@hapihealthcare.com;

c) By contacting Us by telephone on 0845 5080855

15. How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Policy and Cookie Policy which are available on Our Site.

16. Other Important Terms

16.1 We may transfer (assign) Our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms (and the Contract) will not be affected and Our obligations under these Terms (and the Contract) will be transferred to the third party who will remain bound by them.

16.2 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

16.3 If a court or other authority finds that any part(s) of these Terms are unlawful, the remaining parts will remain in full force and effect.

16.4 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

16.5 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms as they relate to Your Appointment, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.

17. Law and Jurisdiction

17.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

17.2 As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

17.3 As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

Attachment
1. Use of Meddbase platform to access medical consultations (“the Services”) online

We offer the Services online as an alternative that You can choose when You or the Medical Professional cannot or do/does not wish to attend a medical consultation in-person (for any reason.

We use technology which allows Us to provide the Services provided that You have the appropriate technology (see below) to receive the Services. For this purpose, We use the Meddbase platform (“Meddbase”) and make the Services available to you on the following basis.

2. The technology that We will be responsible for providing

We will subscribe to Meddbase and will pay any necessary fees to Meddbase to maintain that subscription. It will enable Us to act as “host” and to provide the Services to You over the internet via the Meddbase facility.

To receive or participate in any of the Services via Meddbase, You will need to join an online session at the date and time as stipulated in your Appointment Confirmation. You will not need to pay any fee or charge to use the Meddbase facility or join that session: You will only need to pay for the Appointment.

3. The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Services via Meddbase.

You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:

(a) An appropriate functioning Device which is adequately charged;

(b) Stable, reliable, internet access with adequate speed;

(c) A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other person to distract You or the Medical Professional; and

(d) Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose of the Services, external microphone and/or speakers as reasonably necessary.

We do not supply or make available Meddbase platform that You use to access any Appointment. We are not a party to use of that platform, and We will have no responsibility or liability to You in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Meddbase as the third party provider of the platform to You imposes on such use.

4. Scope of what We make available to access

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We will not be responsible or liable to You if You are unable to access any of the Services due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Services that We have made available for You. Such causes beyond Our reasonable control may include (but are not limited to):

(a) Where You are unable to resolve any technology problem; or

(b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or

(c) Failure of or defect in the Meddbase platform used by Us or You to make the Services available to You; or

(d) Your inability to access the Services due to failure of or defects in Our Site etc.

5. Account setup needed

In order to purchase any Appointment and enable You to receive any Services, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

We only offer An Appointment for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK.

During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.

You will be asked for additional information regarding Your Account, such as Your e-mail address.

6. Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorisation from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You wish to close and delete Your Account, You may do so by following the instructions on Our Site.

7. Your privacy and security on each occasion when two-way Services are accessed

All two-way synchronous live stream audio and/or video sessions that You purchase will be accessible as an individual private session to You only, and not accessible to any other client/s.

The following will apply to any two-way synchronous live stream audio and/or video session provided to You:

(a) There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;

(b) You understand and are aware that there is a risk that the Medical Professional may see and hear (via the video and/or audio facilities of the Meddbase platform and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;

(c) The space that You use should be free of others;

(d) It should be difficult to see or hear via the Meddbase platform and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;

(e) In any event, it will be Your responsibility to ensure that You have a suitable space to use in order to protect Your privacy and that of others in or near that space.

We will not be liable to You for any loss or damage arising from Your failure to accept or adhere to the above.

8. Medical Professionals

Please note that all Medical Professionals are registered with the General Medical Council in the UK, and their registration details and status can be found at www.gmc-uk.org. We do not guarantee the availability of any particular Medical Professional. All Doctors are independent contractors and any advice provided or offered to you by a Medical Professional is the sole responsibility of that Medical Professional.

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