1.1. These are the terms and conditions on which We supply the Services to You. The terms will form a contract between You and Us if You decide to use Our Services. “We” are the organisation identified in clause 2.1 below. “You” are the person identified in clause 2.2 below.
1.2. We can only guarantee service at BeachDoc™-authorised facilites or wihin a 10 minute drive from them.
1.2.1. Your personal information: That You expressly consent to supply personal information about You or someone on whose behalf You are acting to Us, some of which may be sensitive, and to allow Us to process that information in accordance with these terms and Our privacy policy in the privacy section related to this site. This will include making Your information available to all Practitioners who provide Services to You via Our Service.
1.2.2. Your cancellation rights: That You have made an express request to receive services before the end of the normal cancellation period provided for by law and that the cancellation terms set out in clause 8 and Schedule 1 and Schedule 2 of these terms and conditions will apply.
1.2.3. The limits of Our liability: That You understand the way in which We limit Our liability to You for the Services as set out in clause 12 of these terms.
1.2.4. Our Doctors: That You understand that the Doctors We make available to supply the Services are qualified and licenced physicians.
1.2.5. Our Nurses: That You understand that the Nurses We make available to supply the Services are qualified nurse practitioners.
1.2.6. When We use the word ‘Practitioner’: We mean either a Nurse, Doctor or Physiotherapist, as applicable.
1.2.7. Whilst We will try Our best to ensure that a Practitioner is available to making a home or location visit as soon as reasonably practicable after Your request in accordance with these terms, if You believe that You or the relevant patient (as applicable) requires urgent medical care, We advise You to call the emergency services immediately.
1.3.1 These terms will apply to Your access to Our Services, except that the following terms will not apply:
1.3.2. You must also comply with Our Fair Usage terms as notified to You by Your employer. We reserve the right not to supply Services to You in the circumstances described in these terms and where notified to You by Your employer.
1.4.1. These terms tell You who We are, how We will provide Services to You, how You and We may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake in these terms, please contact Us to discuss.
1.4.2. You can access these terms here at any time. We reserve the right to update these terms from time to time by posting the updated version on Our Website and app. We may do so because We change the nature of Our products or Services, for technical or legal reasons, or because the needs of Our business have changed. You agree that if You do not accept any amendment to Our terms then You shall immediately stop accessing and/or Using the Service and Our contract with You will terminate. If You carry on Using Our Service You will be deemed to have accepted the updated terms.
For ease of reference the following terms shall having the following meanings in these terms:
1.5.1. “Booking” means a Standard Booking or a BeachDoc™ Smart Discount Codeholder Booking;
1.5.2. “Cancellation Fee” means the fee You pay to cancel Our Services for a Standard Booking in accordance with clause 8.2 and as set out in Schedule 1;
1.5.3. “Consultation” means any in-person or telephone medical Consultation and related Medical Services;
1.5.4. “Medical Services” means the medical services provided by Practitioners as set out in Schedule 1 (for Standard Bookings) and Schedule 2 (for BeachDoc™ Smart Discount Codeholder Bookings);
1.5.5. “BeachDoc™ Smart Discount Codeholder” means a person who has entered into an agreement with Us for the provision of BeachDoc™ Smart Discount Codeholder Services;
1.5.6. “BeachDoc™ Smart Discount Codeholder Booking” means a booking for Medical Services made by a person who is a BeachDoc™ Smart Discount Codeholder for the provision of a Consultation;
1.5.7. “BeachDoc™ Smart Discount Codeholder Services” means the services provided for at Schedule 2;
1.5.8. “Standard Booking” means a booking for Medical Services made by a person who is not a BeachDoc™ Smart Discount Codeholder for the provision of a Consultation;
1.5.9. “Practitioner” means a medical professional employed by “BeachDoc™” and “MobiDoc™” for the provision of the Service;
1.5.10. “Service” or “Services” refers to the services You have entered into an agreement with Us to provide in accordance with these terms.
1.5.11. “Supplier” or “Suppliers”: means a third-party product partner whose products and/or services We may use in transactions with You.
Information about Us and how to contact Us
We are Vital Quality LLP, trading as “BeachDoc™” and “MobiDoc™”, a company incorporated and registered in England and Wales. Our company registration number is OC359313 and Our registered office is at Ste. Accotax, 12 London Road, Morden, Surrey, England, SM5 4BQ. Our main trading address is the same as Our registered office.
2.2.1 You confirm that You have the right, authority and capacity to enter into these terms. If You do not agree with all of the provisions of these terms, do not access Our Services.
2.2.2. You are the person accessing Our Services in accordance with these terms. You are the patient who will receive Services from Us or who will access Services on behalf of someone else who will be the patient.
2.2.3. If You are not a patient in respect of whom the Consultation is required, You can arrange for a Consultation for the patient on the condition that:
2.2.3.1. the patient is under 18 years of age and that You are the patient’s parent or guardian; or
2.2.3.2. the patient has given You their consent to make the Booking and has disclosed to Us and to the Practitioner their personal data as necessary to facilitate the Consultation.
You can contact Us by or by writing to Us at admin@vitalquality.eu.
2.4.1. If We have to contact You We will do so by telephone or by writing to You at the email address or postal address You provided to Us in Your request for Services.
2.4.2. You are responsible for providing Us with Your most current e-mail address. If the last e-mail address that You have provided Us is not valid, or for any reason We are unable to contact You in the manner described above, Our dispatch of the e-mail or letter will nonetheless constitute effective delivery to You of Our notice.
3.1.1. You may make a request for a Standard Booking by telephone and via Our Website or in person. You will be asked for details including:
3.1.1.1. Email, mobile telephone number, name, date of birth, gender, address, payment details.
3.1.1.2. Certain details that are optional such as the contact details of the regular GP You are registered with.
3.1.2. Upon making a request for a Standard Booking via Our Website, You confirm that You accept being charged the applicable fees and that You are happy that Your credit card (where applicable) will be pre-authorised for such payment.
3.1.3. Our acceptance of Your request for a Standard Booking through Our Website will take place when You click on the box on Our Website or app formally accepting Our terms and conditions and when We receive payment from You (whichever is the later) at which point a contract will come into existence between You and Us. If We are unable to accept Your request for a Standard Booking for any reason, We will inform You of this in writing as soon as possible and will not charge You for any Services.
When We accept Your request for Our Services We will confirm the Services We will supply to You. It will help Us if You can have to hand Your confirmation whenever You contact Us about Our Services. When booking a housecall, you will be provided with an estimated time of arrival (ETA). A doctor’s visit may be cancelled no less than two hours prior to the stated ETA. After that time the visit fee is payable in full as if it had taken place.
4.1 On acceptance of Your request for Medical Services by way of a Standard Booking You are responsible for ensuring that the premises in respect of which You book the Consultation are suitable, safe and lawful for the purposes of the Consultation. If they are not then, among any other rights or remedies of Us or the Practitioner, the Practitioner will be entitled to refuse to provide the Consultation and You will not be refunded the charges paid for, which if subject to Codeholder Discount, where active, will be due in full. It is Your obligation to ensure that the information You provide under clause 3 is correct.
4.2. You must comply will all laws applicable in the UK or any other location that You access the Services from or in. If any laws applicable to You restrict or prohibit You from Using the Services, You must comply with those legal regulations or, if applicable, stop accessing and/or Using the Services.
If You wish to make a change to the Services please contact Us. We will let You know if the change is possible. If it is possible We will let You know about any changes to the price of the Services, their timing or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change. We will agree any change with You in writing. Please note that a request to change or cancel the Services may result in a charge to You, as set out in the Schedules below.
6.1. We may change the Services, without Your consent, to reflect changes in relevant laws, regulatory requirements, the nature of Our Services or the needs of Our business. We will only make changes if We notify You in advance of the changes.
6.2. Clause 1.4.2 sets out details of how and why We may update these terms.
7.1 We will provide You with the Services subject to clause 7.6 and clause 9.
7.2.1. Our qualified and registered medical practitioners (“Doctors”) and advanced nurse practitioners (“Nurses”) working to levels of good clinical practice (together referred to as “Practitioners”) will perform the Medical Services with all reasonable skill and care.
7.2.2. We confirm that the Doctors We use (who are not employees) will be registered with the body responsible for setting and enforcing standards, or any relevant regulatory body in the territory in which they are provided. Our Doctors may be:
7.2.2.1. GPs; or
7.2.2.2. specialists.
7.2.3. We confirm that the Nurses We use (who are not employees) will be registered with the relevant body responsible for setting and enforcing standards in the territory they operate in and will have adequate indemnity insurance. Our Nurses may be:
7.2.3.1. Nurse prescribers (nurses who have been granted supplementary or extended prescribing rights); or
7.2.3.2. Nurse practitioners (nurses who are qualified to treat certain medical conditions without the direct supervision of a doctor).
7.2.4. We confirm that all Practitioners are qualified to practice in the relevant territory the Practitioners operate in.
7.2.5.1 Certain products and services, for example, tests which are available via Our Service may be sourced from a third-party Supplier. Third-party links relating to third-party services on this site may direct You to third-party Websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
7.2.5.2. If You use “BeachDoc™” and “MobiDoc” to order a third-party goods or services (collectively “Products”), Our responsibility is to place that order on Your behalf with its Supplier, as it is with supplying You with a Practitioner. Your contract for supply of Products is with the Supplier, not with Us and the Supplier is responsible for Product quality.
7.2.5.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party service that We use. Please review carefully the third-party's policies and practices. Please contact Us if You have any issues with Your Product order. We will, acting on Your behalf, raise these with the Supplier.
We will supply the Services to You at such times as agreed with You via Our Website or app.
7.4.1. If Our performance of the Services is affected by an event outside 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 We do this We will not be liable for delays in You being able to make a Booking or receive a Consultation caused by the event but if there is a substantial delay
7.4.2. You may contact Us to end the contract and receive a refund for any Medical Services You have paid for by way of a Standard Booking but not received.
7.5.1. As We informed You in the description of the Services on Our Website and as set out at clause 3, We will need certain information from You so that We can provide the Services to You. We will ask for this information when required. If You do not provide the required information then You will not be able to use Our Services.
7.6.1. to deal with technical problems or make technical changes;
7.6.2. to update the Services to reflect changes in relevant laws and regulatory requirements;
7.6.3. to make changes to the Services as requested by You or notified by Us to You (see clause 6);
7.6.4. unforeseen circumstances that prevent us from performing them.
7.7.1 We will contact You in advance to tell You We will be suspending the Services, unless the problem is urgent or an emergency. You may contact Us to end the contract if We suspend the Services and You cannot make a Booking or receive a Consultation:
7.7.2. You may cancel any Booking and We will refund any sums You have paid for Bookings unless the Practitioner is already on his/her way to visit You;
7.8.1 If You do not pay Us for the Services when You are supposed to (see clause 11.3), We may suspend any additional Services You have requested until You have paid Us the outstanding amounts. We will contact You to tell You We are suspending supply of the Services.
7.8.2. We will not suspend the Service where You dispute the unpaid invoice (see clause 11.5). We will not charge You for a Service during the period for which it is suspended. As Well as suspending the Services We can also charge You interest plus costs on Your overdue payments (see clause 11.4).
7.9.1. We will suspend the Services immediately if:
7.9.1.1. providing the Services would be contrary to the law or any regulatory requirements;
7.9.1.2. in the reasonable professional opinion of any Practitioner, it is unsuitable for You to receive the relevant Service;
7.9.1.3. You have not provided Us with valid consent (where required);
7.9.1.4. You do not co-operate with Us in respect of the Services to be provided to You or if You do not comply with these terms including failing to provide information in accordance with clause 7.5;
7.9.1.5. You request changes to Services which We cannot comply with;
7.9.1.6. You display abusive, violent or threatening behaviour unacceptable to Us or any Practitioner; or
7.9.1.7. We are expressly instructed not to do so by an emergency service provider who has authority to give that instruction, for as long as that instruction applies.
7.9.2. Where reasonably possible, We will explain to You the action We are taking, when that action takes effect, and the reasons for it. When doing so We will also inform You of Your right to challenge the action taken through Our complaints process. Our rights in respect of termination of the contract are set out in clause 9 below.
8.1. The law normally allows a contract made by Website to be cancelled by You within 14 days. The exception to this is where You make an express request to Us to provide the Medical Services to You in that period. Therefore, by making a Standard Booking within a 14 day period You acknowledge that You are making such an express request and that the terms of this clause 8 apply.
8.2. Once You have confirmed Your Standard Booking in accordance with clause 3.1.1, subject to clause 9, We will not charge You for Medical Services if You cancel the Standard Booking:
8.2.1. within 5 minutes of an ‘on-demand’ Booking (being a Booking for a Consultation within 2 hours), or
8.2.2. within 2 hours of a ‘pre-booked’ Booking (being a Booking for a Consultation within 48 hours).
8.3. If You cancel Your Standard Booking after the cancellation period set out at clause 8.2 above has ended then You may be charged a Cancellation Fee as set out at Schedule 1. We will process Your payment and deduct the Cancellation Fee and:
8.3.1. We will reimburse You the balance without undue delay, and not later than 14 days after the day on which We are informed about Your decision to cancel the Booking; and
8.3.2. We will make the reimbursement Using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
9.1. Subject to this section, these terms will remain in full force and effect while You use the Service. Provided You are not in the course of receiving Services from Practitioners (including in respect of a Booking which has been made), You can always end the contract between You and Us as set out in these terms in a notification by email at any time.
9.2. We may suspend or terminate Your rights to use the Service (including Your account) at any time and at Our sole discretion.
9.3. Upon termination of Your rights under these terms, Your right to access Your account and use the Service will terminate immediately. You understand that any termination of Your account may involve deletion of Your user content associated with Your account from Our live databases.
9.4. We will not have any liability whatsoever to You for any termination of Your rights under these terms, including for termination of Your account or deletion of Your user content. Even after Your rights under these terms are terminated, the following sections of these terms will remain in effect: 12 and 14.4.
If You are ending the contract for a reason set out at 9.5.1 – 9.5.5 below the contract will end immediately and We will refund You in full for any Services which have not been provided. The relevant reasons are:
9.5.1. We have told You about an upcoming change to the Services or these terms which You do not agree to in accordance with clause 5;
9.5.2. We have told You about an error in the price or description of the Services You have requested and You do not wish to proceed;
9.5.3. the Services are significantly delayed because of events outside Our control in accordance with clause 7.4;
9.5.4. We suspend or terminate Your rights to use the Services in accordance with clause 7.6 or clause 9.2; or
9.5.5. You have a legal right to end the contract because of something We have done wrong.
In these circumstances You will be entitled to a full refund in respect of Services for Standard Bookings You have paid for but not received at the time of termination.
Unless You have a right to end the contract immediately, the contract will not end until expiry of the BeachDoc™ Smart Discount Code or at the end of provision of the Service, whichever is the latter. We will refund any advance payment You have made for Services which will not be provided to You but will retain all sums for the Services provided, except for the cost of the BeachDoc™ Smart Disccount Code Card which may not be refunded once it is active.
9.7.1. You do not make any payment to Us when it is due;
9.7.2. You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Services, for example, details relating to Your medical history (see clause 7.5);
9.7.3. In any of the circumstances set out in clauses 7.9.
If We end the contract in the situations set out in clause 9.7 We will refund any money You have paid in advance for Services We have not provided. In addition, We may retain payments made to Us to compensate Us for reasonable costs We have directly incurred in arranging for Services to be provided to You.
If You have any questions or complaints about the Services, please contact Us and include sufficient information, using the details provided at clause 2.4 above to allow investigations. BeachDoc™ acknowledges all complaints within two working days of receipt. BeachDoc™ provides a definitive response within 28 days of receipt.
All complaints should
If You have raised an issue with Our Service under clause 10.1 above, We will endeavour to put it right. Depending on the circumstances, We may:
11.1.1 The price for Our Services are set out in http://beachdoc.vitalquality.eu/tariff or on posters outside the surgeries that We use. If the price for all or any of Our Services is not set out there for any reason and:
11.1.1.2. You have not paid a price or other consideration for the Services; and
11.1.1.3. the contract does not expressly fix a price or other consideration, and does not say how it is to be fixed
then We are entitled to charge You a reasonable price for Our Services. HoWever, We will always endeavour to provide full pricing information to You as set out above.
If the rate of VAT changes between Your order date and the date We provide the Services, We will adjust the rate of VAT that You pay, unless You have already paid for the Services in full before the change in the rate of VAT takes effect.
For Bookings You must make agree to a pre-authorisation for a payment of up to €300 in order to proceed with Your Booking.
If You do not make any payment to Us by the due date (see clause 11.3) We may charge interest to You on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
If You think an invoice is wrong please contact Us promptly to let Us know and We will not charge You interest until We have resolved the issue.
12.1. If You suffer personal injury or death caused by Our negligence, there is no limit on Our potential liability to You.
12.2. We also do not seek to limit or exclude Our potential liability for anything else which cannot be legally limited or excluded.
12.3. Other than under clause 12.1 and 12.2 Our liability to You is limited to 150% of the price that You have paid to Us for the Services.
12.4. If We fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this contract or Our failing to Us reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
12.5. Access to, and use of Our Services is at Your own discretion and risk, and You will be solely responsible for any damage to Your device or computer system or loss of data resulting therefrom.
12.6.1. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the BeachDoc™ Smart Discount Code Services. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
12.6.2. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
12.6.2.3. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our freelancers, agents or employees.
You expressly consent to providing Us with personal information, including medical information.
13.1.1. We will use the personal information You provide to Us to:
13.1.1.1 provide the Services (for this purpose We will disclose Your personal information to Our clinicians);
13.1.1.2. process Your payment for such Services; and
13.2. We will only give Your personal information to other third parties where the law either requires Us to do so, You consent to Us providing it or it is necessary for Us to provide the Services requested.
13.3. Any information You have provided to Us through Our Website will be subject to Our Website Privacy Policy with can be found on this website. We will retain Your medical records in relation to the Services provided in accordance with the law and Our policies which We can make available to You on request.
14.1. We may transfer Our rights and obligations under these terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the contract. This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
14.2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.3. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
14.4. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14.5. Which laws apply to this contract and where You may bring legal proceedings.
These terms are governed by English law and You can bring legal proceedings in respect of the Services in the English courts.
14.6. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not happy with how We have handled any complaint, You may want to contact the Independent Sector Complaints Adjudication Service (ISCAS). You can submit a complaint to them via their Website at http://www.iscas.org.uk.
The Practitioner will provide medical advice to You based on the symptoms presented to that person. Examples of the kinds of Services in practice include, but are not limited to:
Please note that the Services include the work We do to prepare for the Booking and travel by the Practitioner to the Booking.
(a) In the case of an ‘on demand’ Booking (for a Consultation within 2 hours):
As a BeachDoc™ Smart Discount Codeholder You are entitled to the Services described below. BeachDoc™ Smart DIscount Codes are personal to the registered beneficiary and are not transferrable.
The Practitioner will provide medical advice and/or treatment to You based on the symptoms presented to that person. Examples of the kinds of Services in practice include, but are not limited to those described in Schedule 1.
Please note that the Services involve the work We do to prepare for the Booking and travel by the Practitioner to the Booking.
We will notify You of any additional BeachDoc™ Smart Discount Codeholder services.
From arrival at the BeachDoc™-authorised facility that you have booked with or, if bought on the day of arrival there, the from midnight immediately after, until expiry in the BeachDoc™-authorised facility.
As quoted on the day You purchase it.
You are entitled a discount of 80% up to a €400 threshold of Services at full rate per stated period of the BeachDoc™ Smart Discount Code subject to the Fair Usage policy below.
You can cancel or change a BeachDoc™ Smart Disccount Codeholder Booking within 5 minutes of an ‘on-demand’ Booking (being a Booking for a Consultation within 2 hours) or within 2 hours of a ‘pre-booked’ Booking (being a Booking for a Consultation within 48 hours). If You cancel or change a BeachDoc™ Smart Disccount Codeholder Booking outside this cancellation period the terms of Our Fair Usage Policy below will apply.
As a BeachDoc™ Smart Discount Codeholder, You must comply with Our policy for fair Usage. This requires that:
(a) Allotted Consultations: You may use the BeachDoc™ Smart Discount Code only for concerns deemed legitimate by the Practitioner arising during the period of validity of the BeachDoc™ Smart Discount Code. Services not proposed by Practitioners may not be subject to discount.
(b) Deduction of Allotted Consultations: Any amount that We charge You which may bring the BeachDoc™ Smart Discount Code threshold to zero will be charged at full rate for the part exceeding that threshold.
(c) Abuse of the BeachDoc™ Smart Discount Code by making frivolous requests may void the BeachDoc™ Smart Discount Code for that request and may invalidate the BeachDoc™ Smart Discount Code.
(d) Your rights to cancel at any time: You can cancel Your BeachDoc™ Smart Discount Code at any time. However, there may be a charge which will be the difference between Your allotted amount of Consultation time and Your actual Consultation Usage plus a minimum administration fee.
(e) Missed Consultations, Consultations which are cancelled outside the cancellation periods described in section 4 of this Schedule 2 above and Consultations which do not take place because We cannot access Your premises, so not benefit from any discount.
(f) Consultations which do not take place because We suspend Services due to Our actions under clause 7.6 of the terms will not count towards Your allotted Consultations.
(g) Your rights to cancel for a good reason: If You cancel Your BeachDoc™ Smart Discount Code for good reason in accordance with clause 9.5 of the terms or because We suspend Services under clause 7.6 due to Our actions then You may not receive a refund for any unused BeachDoc™ Smart Discount Code after its expiry.
(h) Our rights to cancel: If We cancel or suspend Your BeachDoc™ Smart Discount Code in accordance with these terms You may be charged a cancellation fee in accordance with the terms of paragraph 5(c) above.
Any actions contrary to this Fair Usage Policy or Our terms may lead to Your BeachDoc™ Smart Discount Code being cancelled or Our relationship with You being terminated. Where We consider it reasonable, We may provide You with a notice of improper behaviour before suspending, terminating or offering an alternative Service, as We deem appropriate.
