Terms and Conditions for ‘Pay As You Go’ Private GP Service

Our Private GP Service is not suitable for patients who are acutely unwell, who should attend their local A&E or contact 999.

Example of these conditions/symptoms but not limited to are:

• Acute chest pain
• Severe shortness of breath
• Symptoms of stroke
• Acute visual loss
• Severe abdominal pain
• Suspected sepsis
• Acute confusion
• Seizures
• Rectal bleeding
• Head injuries
• Possible blood clots

If you continue to book an appointment with us and present with an emergency condition, we will advise you to end the consultation and either call 999 or ask you to attend A&E. If you fail to follow our advice, we are not liable if your condition deteriorates.

These are the terms and condition on which South Downs Health and Care Limited provides its services to consumers.

1. The meaning of some words used in these terms and conditions

• we, us or our -  is a reference to South Downs Health and Care Limited, a company registered in England and Wales with company number 10075871;
• you or your - is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
• Parties - is a reference to both us and you;
• Premises -  means the place where we will provide the Services; and 
• Services - means the Private GP services we will provide in connection with your requirements.

2. Entering into a legally binding contract

2.1 A contract between you and us will come into being in one of two ways:

• 2.1.1 when you book a consultation through our online booking system we and you will enter into a legally binding contract on the date you make the appointment.
• 2.1.2 where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.

2.2 We suggest that before you make the booking for the consultation, or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.

2.3 You should keep a copy of these terms and conditions for your records.

2.4 Nothing in this contract will affect your statutory rights under Part 1 of the Consumer Rights Act 2015.

3. Before commencing the Services

3.1 Prior to our commencing the Services, you will:

• 3.1.1 Complete and return the ‘New Patient Questionnaire’; and
• 3.1.2 Provide us with photographic proof of ID (e.g. a valid passport or valid driving licence, work ID) and proof of address (e.g. utility bill, Council tax letter, bank statement that is dated within the last three months), so we can confirm your identity for our records and prescribing policies.

4. Providing the Services

4.1 Once we and you have entered into a legally binding contract we will normally start providing the Services to you on a date agreed between us.

4.2 Our aim is to always provide you with the Services:

• 4.2.1 using reasonable care and skill;
• 4.2.2 in compliance with commonly accepted practices and standards in the provision of medical services;
• 4.2.3 in compliance with all laws and regulations relating to the performing of medical services in force at the time we are carry out the Services.

4.3 All our doctors are registered with the General Medical Council and hold valid licences to practice as GPs.

4.4 We are registered with the Care Quality Commission.

4.5 Our doctors are responsible for their own clinical practice and for the advice, investigation, and treatment that they provide.

5. Delivery of Services away from the Premises

The delivery of some of the Services may take place away from the Premises. For example, we may be able only to carry out some of the activities in performing the Services other than at our Premises, for example in carrying out home visits.

6. Your obligations

6.1 You agree not to breach this contract, or any other applicable guidelines that apply to the Services or have been communicated to you by us or breach any laws or regulations.

6.2 You agree to be respectful to the clinician during the consultation. We do not tolerate any physical or verbal abuse, aggressive, or offensive behaviour directed towards any of our employees or practitioners. If we think that this is happening, then we may end your consultation and suspend you from using our service. For more information, please refer to our Zero Tolerance Policy (available on request). We also commit to treating you with respect and dignity.

6.3 If required, you shall provide us with such information as we may reasonably require to provide the Services to you. If you fail to provide us with such information (either in its entirety or within a reasonable period of time) we will not have any liability to you for any delay in providing the Services late or failing to provide them or any part of them.

6.4 You may not use the Services:

• 6.4.1 for any unlawful purpose;
• 6.4.2 to interfere with any other person’s use or enjoyment of the Services, for example by preventing others from using the Services or accessing the Premises;
• 6.4.3 to attempt to clinically diagnose yourself;
• 6.4.4 to prescribe / supply / or otherwise distribute or attempt to distribute medication to others;
• 6.4.5 to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
• 6.4.6 as a source of material or contact data for any kind of marketing activity;
• 6.4.7 to tamper with, update or change any part of the Services in a way that affects how it is run;
• 6.4.8 in a way that imposes an unreasonable or disproportionably large burden on our communications and technical systems as determined by us; or
• 6.4.9 using any automated means to monitor or copy the Services or its content, or to interfere with or attempt to interfere with how the Services work.

7. Timing

7.1 Our responsibility to perform the Services by particular dates

We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:

• 7.1.1 we will start performing the Services by a specified date or time; or
• 7.1.2 we will complete the performance of all the Services by any specified date or time; or
• 7.1.3 the performance of any individual part of the Services will be completed by a specified date or time.

7.2 We are not responsible for delays outside of our control. If our supply of Services is delayed by an event outside of 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. Provided that we do this, we will not be liable for delays caused by the event.

7.3 What can happen if we cannot start performing the Services or complete performing the Services

• 7.3.1 If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract.
• 7.3.2 Where we have started performing the Services and you decide you wish to cancel the contract you will only have to pay for any Services we have performed up to the date of cancellation. If you have made payment(s) to us in excess of the amount of Services we have performed, we will return the difference to you within 7 days of cancellation.

7.4 Situations or events outside our reasonable control

• 7.4.1 There are certain situations or events that occur that are not within our reasonable control. Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay.
• 7.4.2 If the delay in us recommencing performing the Services will be excessive then you may elect to cancel the contract in accordance with clause 11 of these terms.

8. Exclusions

8.1 The Services do not include the following:

• 8.1.1 maternity and obstetric care, however we can support pregnant women with other medical conditions;
• 8.1.2 emergency services or crisis management;
• 8.1.3 Support for people with complex mental health issues and those who may be actively suicidal;
• 8.1.4 Hospital inpatients; or 
• 8.1.5 Complex problems for which our GP’s do not have access to required medical information e.g. specialist led care.

8.2 We do not provide a repeat prescription service. Private prescriptions required for the presenting condition will usually be provided/issued by our GP using our electronic prescribing system.

8.3 If you require further medication, you may either:

• 8.3.1 Attend a further consultation and review resulting in another prescription from SDHC GP via private service if appropriate; or
• 8.3.2 Consult with your NHS GP for review and agreement for ongoing prescriptions and any required monitoring.

8.4 There are limitations to our prescribing. SDHC will not prescribe dependence forming medications or Schedule 2 Controlled Drugs as included on the Gov.uk Controlled Drugs List.

9. Price and payment

9.1 Price

The price of the Services will be the price indicated in our marketing information, on our website or as otherwise agreed with you in writing when booking the Services.

9.2 When payment is required

Payment will normally be taken in one of two ways:

• 9.2.1 at the point of making the online booking for the consultation; or
• 9.2.2 following the consultation (if the consultation has taken place at the Premises).

On occasion, if as part of the Services, we are required to take further action (for example, additional referral letters), we may require payment of further costs in addition to the price quoted for the Services. We will agree these with you and require payment prior to us taking any steps detailed in the consultation.

9.3 VAT

All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.

9.4 If you do not pay when required to

If you fail to make payment by the date or time we and you agree we may charge you interest (at the Bank of England’s base interest rate plus 3%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 30 days from the date of our invoice or when we asked you first to pay them.

10. Exclusion and limitation of liability

10.1 We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or results in death.

10.2 We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.

11. Cancellation

11.1 Once we and you enter into a binding contract you will not be able to cancel the contract, except where we agree or as otherwise provided for in this contract or by law.

11.2 If you book a consultation with us during your statutory cooling-off period, you will not be able to benefit from the full 14-day cooling-off period.

11.3 You are also entitled to cancel a booked consultation. If you do decide to cancel a booked consultation:

• 11.3.1 any time up to 24 hours before the consultation, you will receive a full refund; and
• 11.3.2 within 24 hours of the consultation, you will be charged the full cost of the consultation, and you will not be entitled to a refund.

11.4 We may cease providing the Services and terminating the contract with you if:

• 11.4.1 you breach any term of this contract; or
• 11.4.2 you do not when asked provide us with any information we reasonably require to enable us to perform the Services.

11.5 Should we terminate this contract in accordance with clause 11.4.1, we reserve the right to claim for any damages arising from, or incurred as a result of your breach of this contract.

12. Amendments to the contract terms and conditions

We will have the right to amend the terms and conditions of this contract where:

12.1 we need to do so in order to comply with changes in the law or for regulatory reasons; or

12.2 we are changing the rates we charge for the provision of Services as provided for in clause 9;

12.3 we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.

Where we are making any amendment we will give you 30 days’ prior notice (unless the contract is terminated before that period).

13. Contacting each other

13.1 We are committed in ensuring the security of our internet protocols. We understand the importance of protecting sensitive data and will make every effort to do so. However, it is important to note that email, due to its nature, is not a secure method of transmitting data. As a result, we will take no responsibility for any potential risks associated with electronic data transmission.

13.2 If you request clinical information on our Services, this will be transmitted back to your email address unless you explicitly request that we send this information to you via a different method, such as by post, in which case there may be an additional postage charge.

13.3 By providing us with your details (including your health records), you consent and accept that we may need to forward this information electronically (or otherwise) to third parties if you ask us to do so.

13.4 Upon registering with us, you will need to complete our new patient questionnaire. As part of this process, you will be asked to give consent for us to communicate with you via email. This includes both clinical and non-clinical information that may contain your personal details. We will communicate with you by email as the primary communication method unless you advise us otherwise on our new patient questionnaire.

13.5 We will make every effort to ensure we have your correct and up to date email address for all communications, but as the user, it will be your responsibility to ensure that we have your correct email address on file for you. We take no responsibility for inaccurate non-clinical information stored on your records.

13.6 We aspire to continuously learn from patient feedback. By using our Services you are agreeing to let us know of any important positive or negative experiences you encounter. This can be done via our online feedback platform or by using our suggestion boxes at any of our sites. This can be done anonymously.

13.7 By using our Services, you agree that any feedback we receive may be shared anonymously on various platforms, including our website, leaflets, posters, etc.

14. Privacy

In providing the Services to you, it will be necessary for us to access, store or otherwise process your personal data (including health data). We will process your personal data at all times in accordance with the Data Protection Act 2018 and the UK GDPR. Full details of how we collect, use and process your personal data can be found on the Website Privacy Policy page.

15. Contracts (Rights of Third Parties) Act 1999

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

16. Disputes

If you are unhappy with the Services we provide, we hope you will discuss any problems or issues with us first through our feedback page on the website. A full copy of our complaints procedure is available on request.

17. Law and jurisdiction

This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.