Terms and Conditions
Last Updated: October 2020
Terms and Conditions
Last Updated: October 2020
This page tells you information about us and the legal terms and conditions (“Conditions”) on which we provide our private general practice services (“Services”) to patients (“you”), whether you are a private member of Linbury Doctors Group (“Member”) or whether you are a non-Member.
Please read these Conditions carefully before you start to use our Services, as these will apply to your use of our Services. We recommend that you print a copy of this for future reference.
By using our Services, you confirm that you accept these Conditions and that you agree to comply with them. If you do not agree to these Conditions, you must not use our Services.
We may amend these Conditions from time to time as set out in clause 17.4. Every time you wish to use the Services, please check these Conditions to ensure you understand the terms which will apply at that time. Except where otherwise stated, these Conditions shall apply to both Members and non-Members using our Services.
LINBURY DOCTORS IS NOT AN EMERGENCY SERVICE AND, FOR ANY CONDITION THAT IS A MEDICAL EMERGENCY, 999 SHOULD ALWAYS BE CALLED IN THE FIRST INSTANCE.
Medical emergencies can include (but the following is not an exhaustive list):
• loss of consciousness;
• an acute confused state;
• fits that are not stopping;
• persistent, severe chest pain;
• breathing difficulties;
• severe bleeding that cannot be stopped;
• severe allergic reactions; and
• severe burns or scalds.
- Information about us
We are The Linbury Doctors Ltd a company registered in England and Wales under company number 12798741 and with our registered office at The Field House, Naunton Beauchamp, Pershore, United Kingdom, WR10 2RF (“we” “us” “our”).
- Our Doctors
2.1 All of our doctors (“Doctors”) are registered with the General Medical Council and the Care Quality Commission, additionally holding valid licences to practice as GPs. We are subject to annual appraisal, and adhere to the process of continuing medical education and revalidation as set out by the General Medical Council. All Doctors hold appropriate valid medical malpractice indemnity insurance with approved UK medical defence organisations.
2.2 All Doctors who have signed up to provide prescriptions through the Services have undertaken to comply with the General Medical Council Guidelines on remote prescribing, essential standards of quality and safety as enforced by the Care Quality Commission and copies of these can be found at http://www.gmc-uk.org and http://www.cqc.org.uk.
- Our Services
3.1 If you are a Member, we will provide you with access to your own private Doctor who will provide private general practice services in accordance with these Conditions. The Services will include telephone, email, or video consultations and clinic, home or work visits (in the territories set out in clause 3.3) as more fully described on our website at www.linburydoctors.co.uk (“Site”) and subject to our fair use terms described under clause 5.2. We will supply urgent courses of medicines and prescriptions where required, liaise closely with other health care workers and services, and provide referrals as necessary. To ensure continuity, we aim to ensure that you will always see your assigned Doctor, unless they are on annual leave or unwell. In this situation, cover will be provided by another Doctor.
3.2 The Services will not include privately conducted laboratory tests, annual Well Man/Woman health checks, immunisation, blood tests, swabs, urine samples, appointments at the Well Man/Well Woman clinic, vaccinations and medical examinations for insurance purposes as more fully described on our Site (“Additional Services”). The Additional Services will be charged separately as set out in clause 5 below.
3.3 Our Services are provided in the following territories: Gloucestershire, Warwickshire, Worcester and Oxfordshire (“Territory”).
3.4 Subject to our fair use terms set out in clause 5, we provide our Services from 8am until 6pm Monday to Friday including bank holidays, and 9am to 2pm Saturday and Sunday for urgent and prearranged appointments. We provide urgent same day and pre-bookable appointments with your own Doctor, Monday to Friday. Weekend cover may rotate between the Doctors. Members should access our Services via the dedicated telephone number and email address provided to you at the time of registration.
4.1 If you are Member, you can book an appointment to see your Doctor or attend the Clinic via the dedicated telephone number and email address provided to you at the time of registration. You are encouraged to give us as much advance notice as possible for same day appointments. If we receive your same day appointment request after 1.00pm, then it will be at the Doctor’s discretion as to whether such appointment request shall be accepted.
4.2 If you are not a Member, you can still book an appointment to attend the Clinics or to see a Doctor at a time and location (within the Territory) that suits you by calling 03300507338 or by writing to us on firstname.lastname@example.org. You may only book an appointment if you are at least 18 years old and possess the legal right and ability for themselves or any child of whom you are a parent or legal guardian to agree to these Conditions. We will confirm our acceptance of your appointment request by sending you an e-mail that confirms the appointment details. A contract will only be formed between us and you when we send this confirmation email. It is your responsibility to ensure that the patient details provided for the appointment are accurate and up-to-date.
4.3 We do not guarantee the availability of any particular Doctor at any particular time. We will do what we can to arrange a consultation with a Doctor as soon as possible, but do not guarantee to offer consultations within a particular time. Clinic appointments shall be limited to the time slot selected at the time of booking the appointment.
4.4 For home visit services, we are unable to provide a chaperone service for any examinations, and as such we reserve the right to decline assessments that may be perceived to place our medical staff at risk. We do not therefore offer routine obstetric care or gynaecological examinations as part of our Service, although we are happy to advise on further appropriate management.
4.5 If you are under the age of 18, then we may require you to be accompanied by a parent or guardian at the time of our medical assessment.
- Fees and payment
5.1 Full details of our membership tiers and fees structure are available in our fees document contained within your membership application pack, on our Site or by request. If you are a Member, our Service will commence when we are in possession of the completed membership and direct debit forms.
5.2 Included in the monthly membership fee is unrestricted access to our Services, whether telephone consultations, email advice or home/work/clinic visits, subject to fair usage. Where we (in our reasonable opinion) believe that your use of the Services in any month is excessive, we shall notify you of the same and we may amend your membership fee structure accordingly to reflect your usage of the Services. Also included are private prescriptions, referral letters, liaison with third parties involved in your medical care, and associated administrative costs.
5.3 Additional fees will be incurred for any (i) Services used by you in any month in excess of the fair use terms set out in clause 5.2; (ii) Additional Services; and (iii) Clinic visits, which will be charged for separately. You will be informed of any additional costs prior to incurring the same. These additional fees will be invoiced to Members in arrears on a monthly basis.
5.4 If you are not a Member, the fees for any Services, Additional Services and Clinic visits shall be as set out on our Site or as notified to you at the time of booking. We will require payment of any fees upfront before the provision of any Services to you.
5.5 For specialised services and any individual packages of medical support, our fees will depend on your bespoke requirements. These will be discussed with you at our initial meeting and confirmed in writing. Fees will be based on per item of Service, in addition to our monthly membership subscription. You can find more information on our Site or by request.
5.6 All membership fees payable by you under these Conditions are inclusive of amounts in respect of value added tax chargeable for the time being (VAT).
5.7 If you fail to make any payment due to us under these Conditions by the due date for payment, then you shall pay interest on the overdue amount at the rate of 4% per cent per annum above Barclay’s Bank PLC’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
5.8 You shall pay all amounts due under these Conditions in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required law). We may at any time, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
- Your obligations
6.1 We can only provide the Services in accordance with these Conditions if you provide us with the information we need in order to help you. Any information you give to us or to a Doctor, must be accurate and in English.
6.2 You agree that you shall:
6.2.1 follow any instructions you are given by Doctors;
6.2.2 follow any instructions regarding the use of any medicines or healthcare products we recommend or prescribe (including in respect of use-by dates);
6.2.3 report any adverse or unexpected effects of treatments we recommend to us; and
6.2.4 tell us if any of our information about you is or becomes inaccurate or incomplete.
7.1 We are registered with the Information Commissioner’s Office and adhere to the requirements of all applicable data protection legislation, including the Data Protection Act 2018 and the General Data Protection Regulation ((EU) 2016/679).
7.2 By becoming a Member or using our Services, you agree to the processing of personal data to enable us to carry out work on your behalf. We will not disclose personal data to any third party without your express consent, unless in a medical emergency where it may be deemed in your best interest. In such cases, we stringently adhere to published General Medical Council guidance on the use of personal data.
- Medications dispensed
8.1 Any prescriptions given will have to be taken to the pharmacy of your choice and dispensed on a private fee paying basis independently of NHS prescription cost. You understand that the cost of the private prescription is not influenced in any way by us or our Services and the cost of the medicine is unique to the fulfilling pharmacy. Furthermore, we and the Doctors are not responsible for the dispensing or cost of any medication. You agree that the dispensing of the medication remains the responsibility of the individual pharmacist.
8.2 Our Service is not a prescription fulfilment service. Only after a consultation booked in accordance with clause 4 will a medication be prescribed by mutual agreement being reached between you and the Doctor under circumstances that are appropriate, legal and responsible. The final issuing of a prescription is at the sole discretion of the Doctor.
8.3 You understand, accept and agree that any prescription given to you is solely for personal use. If you lose a prescription, a copy may be reissued by the Doctor and may be subject to an additional cost. You accept that the Doctor has the right to refuse to issue a copy of the prescription should it be deemed inappropriate. You must keep any medicines securely and do not allow others (especially children) to use them.
- NHS GP
9.1 You understand that no third party (including your NHS GP) is under any obligation to action any instruction or recommendation provided by a Doctor.
- Further investigations
10.1 In order to formulate a diagnosis and treatment plan it may be necessary for the Doctor to advise further investigations. You understand that any investigation initiated by the Doctor will be on a private and fee paying basis. An investigation may be a blood test, urine test, swab, X-ray or ultrasound. You understand that for blood tests, urine analysis and swabs payment, the Doctor will require payment upfront and prior to collection of the specimen. You understand that any imaging such as x-rays and ultrasound will be paid to the private provider who performs the imaging which has been outlined to you by your Doctor. Once the investigation is performed it is solely your responsibility to follow up the result with the Doctor at a mutually convenient time using an appropriate and secure form of communication. This in most cases will be either face-to-face during a follow-up appointment or over the phone.
10.2 You are not obliged to pay for any further investigation however by not performing an investigation that is advised by a Doctor, you agree to hold us and the Doctor completely free of liability under every circumstance arising from the initial consultation.
10.3 In the circumstance that further investigations are advised by the Doctor but you are unable to or do not wish to pay, you are advised to see their NHS GP for consultation. You are aware that your NHS GP is under no obligation whatsoever to fulfil any investigation advised by a Doctor.
- Further treatment
11.1 You understand that a Doctor may refer you to a specialist directly on a private fee paying basis and if you have private health care insurance this may be covered under your policy. You understand that it is your responsibility to check with their private insurance whether the cost of further referral and investigation is covered under your policy. If you do not have private insurance you can still be referred to a specialist on a private self-pay basis only. You will be solely responsible for arranging your private appointment with any specialist for further treatment.
11.2 You are not obliged to pay or use health insurance but you understand and accept that in the event that a specialist referral is advised and you do not want to seek private further care, you agree to hold us and the Doctor completely free of any liability under every circumstance relating to your initial consultation.
11.3 In the circumstance that onward referral is advised by the Doctor but you are unable to or do not wish to pay, you are advised to see your NHS GP for consultation. You are aware that your NHS GP is under no obligation whatsoever to fulfil any referral or any element of a treatment advised by a Doctor you have seen using our Services.
11.4 In some circumstances the Doctor will advise the follow-up with themselves to monitor response to treatment or convey the results of investigation. You understand that you are not obliged to have this follow-up however by not doing so, you hold us and the Doctor completely free of liability for any circumstance arising from the initial consultation.
- Cancellations, Late arrival and Missed appointment
12.1 Members may cancel their membership with us at any time by giving us 30 days written notice at any time. It remains your responsibility to inform your bank of any payment changes, including cancellation of your direct debit. We are unable to do so on your behalf.
12.2 You may cancel your agreement with us and your membership within 14 days of the day on which your membership begins (“Cancellation Period”). We will refund your membership fee to you within 14 days from the day on which we receive your cancellation notice provided that, if you use the Services within the Cancellation Period and you subsequently choose to cancel the membership within the Cancellation Period, we may reduce the amount of any refund (or take payment from you) to recover the cost of any appointments booked with Doctors via our Services. These will be priced according to the pay as you go rates published on our Site rather than the membership fee pro rata to the period of your membership period, to reflect reasonable use.
12.3 You may end your agreement with us:
12.3.1 if the Services are unavailable for reasons outside our control as set out in clause 15; or
12.3.2 if you do not agree with a material change we propose to make to these Conditions under clause 17.4.
12.4 If you end your agreement with us, under clause 12.3 and you are a Member, we will refund the proportion of the fees you have already paid reflecting the remaining complete months of the membership period at the time of your notice.
12.5 If you want to cancel your agreement under this clause 12, you must give us notice by calling us on 03300507338 or email us at email@example.com.
12.6 In the event of continued inappropriate usage of our Service by an individual, we reserve the right to immediately cancel membership benefits in order to protect the care provided to all other Members.
12.7 You understand and accept that if you are more than 10 minutes late to an appointment you will lose your appointment time and (where you are not a Member) forfeit the cost of the consultation. Furthermore, you understand and accept that if you are late for an appointment by a period of less than 10 minutes, the Doctor is not obliged to see you and (where you are not a Member) you may still lose your consultation fee. If the Doctor can still accommodate your appointment, it will be at a time determined by the Doctor at his or her discretion, and should this not be acceptable, you will (where you are not a Member) lose the consultation fee.
12.8 You hold us and the Doctor completely free of liability under every circumstance relating to your reason for initial consultation in the event that you are late and your appointment is cancelled.
12.9 You accept that due to the nature of general practice, we and the Doctors registered with our practice, do not guarantee that an appointment will necessarily be kept at the exact time stipulated as the booked appointment. You understand that there can potentially be a wait time of 30 minutes for your appointment and once this time has elapsed, you have the option of either rebooking or waiting with no refund or (where you are not a Member) receiving a full refund without consultation.
12.10 Without limiting its other rights or remedies, a Doctor may cancel an appointment by giving you twenty four hours’ notice which may be sent via email, a SMS text message to the mobile phone number supplied by you or via the Services.
12.11 Without limiting our other rights or remedies, we may terminate any contract or cancel any appointment with immediate effect by giving written notice to you via email, via a SMS text message to the mobile phone number supplied by you or via the Services. if you fail to pay any amount due under these Conditions on the due date for payment and fail to pay all outstanding amounts within seven days after being notified in writing to do so.
- Limitation of liability
Because these Conditions are part of a binding legal agreement, we must compensate you for loss you suffer if our Service does not comply with these Conditions. However, we do not compensate you for all losses. This section is important as it explains those things.
13.1 Nothing in these Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
13.2 If we break any of these Conditions and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking of these Conditions.
13.3 We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these Conditions. Nor will we be liable for indirect, incidental, special or consequential damages.
13.4 Please note that we only provide our Services for domestic and private use. We shall under no circumstances be liable for any business losses.
13.5 Subject to clause 13.1 (and to the extent not excluded by clause 13.3 and 13.4), we are responsible for compensating you for personal injury or death caused by our negligence or that of our Doctors. Subject to this, and subject to applicable law, we will not be liable to you for an amount greater than the fees paid to us by you.
13.6 You accept that it is your responsibility to ensure that the patient details provided for your consultation are accurate and up-to-date. We and the Doctors engaged through our Services hold no responsibility for incorrect medication prescribed due to inaccurate information provided by you.
- Other limits on our Services
14.1 Doctors may hold different clinical opinions on the same medical condition or symptoms and, provided these opinions are reasonably held, the fact that two or more Doctors give different opinions in the course of Service provision does not necessarily indicate that our Services are defective.
14.2 We do not tolerate abuse or offensive behaviour towards Doctors.
14.3 Our Doctors speak English and Arabic. Our Services are not delivered in other languages.
14.4 Any laboratory test is sent to one of our partner laboratories. The partner laboratories are separate entities from us and to the extent permitted by law we disclaim any liability for any acts or omissions of the partner laboratories.
14.5 We may need to ask you for certain personal information in order to provide our Services. If you do not provide this information when requested, we may be unable to provide our Services.
14.6 We may suspend your access to Services or terminate your membership with us if your use of Services breaches any of these Conditions.
- Events outside our control
15.1 For the purposes of these Conditions, an Event Outside Our Control means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party), failure of a utility service or transport network, epidemic, pandemic, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
15.2 We shall not be liable to you as a result of any delay or failure to perform any of its obligations under these Conditions as a result of an Event Outside our Control.
- Feedback and complaints
16.1 You can always give us feedback on our Services by calling or emailing us via the details provided on our Site.
16.2 In the event that you wish to make a complaint, you may do so by emailing us at the email address noted above or by writing to us at The Linbury Doctors Ltd, The Field House, Naunton Beauchamp, Pershore, United Kingdom, WR10 2RF. We request that all complaints are made in writing and as soon as possible after the event so that we may establish what occurred in a timely manner.
16.3 We will allocate a senior member of our team to deal with the issue raised in your complaint. The senior member of our team allocated to your complaint will investigate every aspect of the complaint and discuss it with all those concerned or involved.
16.4 If any disagreement between you and us arises in connection with these Conditions, we will attempt to resolve it by discussing it with you.
16.5 We endeavour to resolve all complaints quickly. We will acknowledge your complaint within three (3) working days and will aim to have it fully investigated within twenty (20) working days from the date we receive it. We will write to you to let you know of any delays to this timescale.
16.6 Upon completing our investigation, you will receive a letter setting out the outcome of our investigation into the complaint. We will ensure that you receive an apology if appropriate, and we will take any and all actions necessary and reasonable to ensure that problem is not repeated if we have done something wrong, we will apologise to you.
16.7 Our Doctors are registered healthcare professionals, and we will handle your complaint in an appropriate way, as required to do so by the professional rules that apply to them and to our services, and following our complaints procedure.
16.8 If we have not resolved a disagreement about these Conditions, or a complaint about our services, either of us can refer the dispute to mediation in accordance with the Centre for Effective Dispute Resolution’s independent mediation scheme for patients (https://www.cedr.com/consumer-disputes/healthcare/mediation/introduction).
16.9 You may also submit a disagreement with us for online resolution to the European Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr.
- Other important terms
17.1 Assignment and other dealings
17.1.1 If there is any proposed transfer of our rights and obligations under these Conditions, we will always notify you in writing and this will not affect your rights under these Conditions.
17.1.2 You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under these Conditions.
Each of the clauses of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.3 Third parties
This contract for our Services is between you and us, and no-one else. Only you can enforce that agreement (although a parent or guardian may enforce their agreement on behalf of a person under 18 whom receives our services).
We may need to change these Conditions sometimes, for example, when the rules regulating our Services change, in order to ensure that our Services are secure and your information is safe, or when we update or modify our Services or our fees. If we make a change to these Conditions that affects your rights or obligations, we will notify you. Please look at the top of this page to see when these Conditions were last updated and which Conditions were changed. Every time you book an Appointment through us, the Conditions in force at the time of booking will apply to the contract between us.
17.5 Governing law
These Conditions are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.