Dr Morton's Terms and Conditions
These terms and conditions set out the basis of your agreement with Dr Morton's and its Doctors. If you decide to use or purchase any of our services, they form the basis of your contract with us and you should not signify your consent unless you have read and understood them.
Table of Contents
- Dr Morton's and the Doctors
- Telephone Calls
- Partner Pharmacy
- Partner Laboratory
- Registration to become a Customer
- Recording of calls but not of videos
- Payment terms
- Undertakings by Customers to Dr Morton's
- Undertakings by Dr Morton's to its Customers
- Complaints procedure
- Return of damaged goods
- Cancellation and refund policy: Restriction on return of undamaged goods
- Refunds or repeat prescriptions in the event of non delivery
- Restrictions to the Services provided
- Changes to Services
- Terms and Conditions relating to Website Users
- Governing Law
- Further Legal Terms
1. Dr Morton's and the Doctors
- 1.1. This Website is provided by Dr Morton's Limited ("Dr Morton's"), a company registered in England number 8782411.
- 1.2. Dr Morton's acts as an agent for doctors (the "Doctor" or "Doctors") who provide medical advice. The role of Dr Morton's is to refer Customers to appropriately qualified Doctors who are each registered with the General Medical Council ("GMC") to provide medical advice. Each Doctor is responsible for their own medical indemnity insurance. The role of the Doctor is to provide that medical advice.
- 1.3 The purpose of the GMC is to protect, promote and maintain the health and safety of the public by ensuring proper standards in the practice of medicine. Each Doctor referred by Dr Morton's to a Customer has the same traditional duty of care towards a patient or Customer common throughout the UK medical profession and the NHS. The names of the Doctors, their qualifications and GMC registration details are available on Dr Morton's Website.
- 2.1. The services provided ("Service" or "Services") include emails, telephone calls (which may be extended to include video), responding to requests for medicine and review of test kit results. The role of Dr Morton's in providing a "Service" or "Services" is to refer Customers to appropriately qualified Doctors who are each registered with the General Medical Council
- 2.2. The role of the Doctors in providing a "Service" or "Services", is the provision of medical advice by Telephone and Email which is given:
- only to registered Customers referred by Dr Morton's;
- on the basis of information provided by the Customer either in answer to questions on the Website or by Telephone; and
- in the event that a Doctor determines, based solely upon that Doctor's medical assessment, that a prescription of medicine is appropriate to the Customer's circumstances, the Doctor may issue a prescription.
- 2.3. The Doctor retains absolute discretion and may decline to give advice, or to prescribe if they are in any way unsure of the Customers circumstances, or if the medical or other information provided leads the Doctor to think it would be unsafe to do so.
- 2.4. Prescriptions for medicine will be sent by Dr Morton's to a partner pharmacy ("Partner Pharmacy") for dispensing and delivery to the Customer.
- 2.5. Dr Morton's is pleased to provide follow up medical advice to address any side effects and other issues arising from treatment and Customers are encouraged to provide feedback.
- 2.6. Where a Customer is registered with a General Practitioner ("Registered GP") in the UK and agrees, Dr Morton's will endeavour to keep the Customer's Registered GP informed of significant consultations or prescriptions by sending a copy of the Doctor's note of the consultation with the Customer to the Registered GP. If the Customer has not authorised Dr Morton's to inform their GP or has not provided the current contact details, the Doctor may decline to provide Services. The Doctor may override a Customers instruction not to inform the Customers Registered GP when following GMC guidance on Confidentiality, especially when Customer or Public Safety may be at risk. It is the Customer's responsibility in any event to inform their Registered GP of any medical treatment prescribed by Dr Morton's.
- 3.1. "Email" means either Portal Email or Public Network Email as defined below.
- 3.2. "Portal Email" means a secure portal email recorded or sent within the Customer Area of Dr Morton's Website which may only be accessed or sent by the Customer by logging into the Website using the Customer's user name and password. Portal Email is only accessible to the Customer and to Dr Morton's.
- 3.3. "Public Network Email" means email sent across any network not within Dr Morton's Website or direct control including but not limited to messaging services such as Gmail and Hotmail. Public Networks Emails are considered by Dr Morton's to be less secure than Portal Email and generally inappropriate for medical advice as there is a greater risk that they may be intercepted or viewed by others. Public Network Emails are normally only used by Dr Morton's to send a notification of a Portal Email or for administrative matters.
- 3.4. As a matter of policy and to protect Customer confidentiality, medical advice will not be communicated by Public Network Email unless the Customer has provided consent. Once such consent has been provided by a Customer it will remain in place until explicitly withdrawn in writing.
- 3.5. The policy of using Portal Email is similar to that used by many banks for improved data security. Portal Email is considered safer than actual mail because it carries a lower risk of misdirection or interception.
- 3.6. An "Email conversation" is defined by Dr Morton's as an exchange of up to two Emails on the same topic initiated by the Customer and responded to by the Doctor. Following receipt of an Email, a Doctor may seek to clarify the question posed by responding to the Customer with an Email and the Customer may send a further Email to clarify the question being asked before the Doctor responds with advice. In the Doctor's sole discretion, the Doctor may extend the number of Emails exchanged before the Email conversation is concluded. In the event that an Email conversation contains more than one topic or question, Dr Morton's is entitled to make further charges for each Email conversation.
- 3.7. Where an Email conversation has commenced but the outcome is pending Customer response and remains unresolved after 72 hours because a Customer has not replied to an Email sent by a Doctor seeking clarification, Dr Morton's shall be entitled to conclude that the Email conversation has completed and charge the Customer.
5. Telephone Calls
- 4.1. "Telephone call" means any oral and/or visual communication between Customer and a representative of Dr Morton's by electronic means including but not limited to telephone call over a public service network or mobile telephone network, voice-over internet protocol, data network, WebRTC video call, Skype, Lync , Facetime or any other communication facilitator.
- 4.2. Accurate diagnosis and medical advice depends on clear communication between patient and Doctor. If the Doctor decides the quality of Telephone call connection is not good enough or the Doctor is unable to communicate effectively with the Customer for any reason, the Doctor may decide to discontinue or decline to give Service, at the Doctor’s sole discretion.
5. Partner Pharmacy
- 5.1. The partner pharmacy "Partner Pharmacy" to Dr Morton's is Mayberry Pharmacy Limited a company registered in England number 03812234. Mayberry Pharmacy Limited is registered with the General Pharmaceutical Council registration number 1043349 and is responsible for dispensing medicine, if any is prescribed.
- 5.2. Dr Morton's is not a pharmacy or chemist and does not sell medicine direct to the public. No medicine is provided to a Customer without a prescription from a Doctor registered with the General Medical Council. As part of the Service provided, Dr Morton's will arrange for any medicine prescribed for a Customer to be dispensed by the Partner Pharmacy on the Customer's behalf. Payment for any medicine prescribed for a Customer is taken by Dr Morton's as part of the Service provided and is used on behalf of the Customer to meet the cost of dispensing and delivery of the medicine from the Partner Pharmacy to the Customer
6. Partner Laboratory
- 6.1. The “Partner Laboratory” to Dr Morton’s is County Pathology Limited, a company registered in England number 5900958. County Pathology Limited is fully accredited with UKAS and is regulated by the CQC for the provision of diagnostic and screening procedures from its laboratory based at 31 Frederick Sanger Road, Guildford, GU2 7YD. The UKAS Clinical Pathology Accreditation registration number of County Pathology Limited is 2857.
- 6.2. As part of the Service provided, Dr Morton’s will arrange for any Test Kits orders accepted by Dr Morton’s to be dispatched and then processed in the laboratory of the Partner Laboratory into a Test Kit Report. Payment to Dr Morton’s for the Test Kit provides for both clinical interpretation by a Doctor at Dr Morton’s into a Test Kit Result and the Test Kit Report from the Partner Laboratory. Dr Morton’s is not a laboratory and does not analyse pathology samples or produce Test Kit Reports. The Partner Laboratory will be solely responsible for the Test Kit Report and Doctors acting for Dr Morton’s are entitled to rely upon it. Doctors acting for Dr Morton’s are responsible for and will perform a clinical analysis on behalf of the Customer of the Test Kit Report to produce a Test Kit Result. In some cases, depending upon what the Test Kit Report shows, a Doctor may ask a Customer to call to discuss the Test Kit Result before reading it. In such cases additional charges for calls or further emails at advertised rates may apply.
7. Registration to become a Customer
- 7.1. Your agreement to comply with and be bound by the Terms and Conditions relating to our Services is deemed to occur upon registration as a patient or customer to use our Services or make a purchase, where such application has been accepted by Dr Morton's, at which point the customer becomes a "Customer" and is deemed to have entered into a contract. If you do not agree to be bound by these Terms and Conditions, you should not register as a Customer or purchase our Services.
- 7.2. You must be over the age of 18 to register as a Customer. Persons under the age of 18 may only purchase Services with the prior permission of Dr Morton's and under the supervision of an Adult. Payment Information must be provided by or with the permission of the account or card holder.
8. Recording of calls but not of videos
- 8.1. Dr Morton's may record Telephone calls with Customers for later access by Doctors needing confirmation of what was said and for training purposes. Electronic records of Telephone calls are kept confidential and may only be accessed by Dr Morton's. It is a condition of Service that the Customer consents to Dr Morton's recording and retaining this electronic record of Telephone calls. You should not use the Service if you do not give this consent.
- 8.2. Telephone calls may be extended with Customer permission to include video using WebRTC technology. Videos are not recorded or retained.
- 8.3. During a Telephone call including video, the Doctor may request Customer permission to take an image at the point of diagnosis using a screen shot from the Customer’s camera. Such images, if taken, are retained within the Customers medical records which are accessible to the Customer at any time.
9. Payment terms
- 9.1. Customers may select alternative methods of payment for Services provided by Dr Morton’s as may be available from time to time.
- 9.2. Pay As You Go Customers agree to pay fixed prices for the Services which they use and authorise collection of payment from their bank account immediately following receipt of the Service.
- 9.3. Subscriber Customers authorise collection of monthly payments from their bank account for a minimum of 6 months and are then able to send Emails and make Telephone Calls without further charge until such time as their subscription or the Services are cancelled by either party. Other than the 6 month minimum term, Subscriber payments are not for a fixed term and will continue indefinitely without renewal date until cancellation by either Customer or Dr Morton’s.
- 9.4. If a Subscriber cancels their subscription within the 6 month period they agree to pay the same sums that a Pay As You Go Customer would have paid for their Services from Dr Morton’s net of any subscriptions paid so that the Customer is no better nor worse off than if they had not subscribed, except for a £25 cancellation administration fee that Dr Morton’s is then entitled to charge.
- 9.5. New Subscriber Customers are entitled to a full refund within 14 days after the day on which the Customer became a Subscriber and this period is known as the “Cooling Off Period”. During the Cooling Off Period Dr Morton’s may still charge for any Emails or Telephone Calls already made by the Customer at Pay As You Go rates but will not make a further £25 cancellation administration charge so that the Customer is no better nor worse off than if they had not subscribed.
- 9.6. If Dr Morton’s amends the available payment terms, Customers will be asked to accept or reject the new payment terms before they use the Service again. At the discretion of Dr Morton’s, a Customer may be able to continue to make payments under older legacy payment terms such as pay per minute charges which are no longer available to new Customers for a period of time until Dr Morton’s decides, in its sole discretion, that legacy payment terms are no longer available.
- 9.7. Companies may become a “B2B Customer” by contracting with Dr Morton’s to provide Services to their employees by separate contract. Their employees qualify as “Business Customer” and assume a direct relationship with Dr Morton’s under these Terms & Conditions as Customer when they register under 5.1 above. Dependent upon the specifics of each B2B Customer contract, B2B Customers normally pay for their employees as Business Customers to be able to make Telephone Calls and Emails and their employees as Business Customers are asked to pay for Prescriptions or Test Kits that they elect to purchase on a Pay as You Go basis themselves so that employers are not made aware of their medical consultation. Business Customers are under no obligation to make purchases of Prescriptions or Test Kits when offered and may make their own alternative arrangements.
- 9.8. NHS GP surgeries may become a “NHS GP Surgery Customer” by contracting with Dr Morton’s to provide Services to their patients by separate contract. Their patients qualify as “NHS Customer” and assume a direct relationship with Dr Morton’s under these Terms & Conditions as Customer when they register under 5.1 above. Dependent upon the specifics of each NHS GP Surgery Customer contract, B2B Customers normally pay for their patients as NHS Customer to be able to make Telephone Calls but access to other Services provided by Dr Morton’s will vary by contract agreed with the NHS GP Surgery Customer as may be set out on each NHS GP surgery web site. NHS Customers are under no obligation to make any purchases from Dr Morton’s and will always be redirected back to their NHS GP surgery if alternative arrangements are known to be available.
10. Undertakings by Customers to Dr Morton's
- 10.1. In order to use Dr Morton's Services, a Customer must register and provide certain personal information to ensure that the Doctor may correctly identify the Customer and safely provide medical advice and to ensure that the payment method matches the Customer's selection of how he wishes to pay for the Services from the alternative payment methods available. By continuing to use the Services the Customer represents and warrants that:
- the Customer is the registered individual seeking medical advice which is for the Customer’s sole use;
- all information provided is accurate and truthful and does not omit anything the import of which could be considered material to the giving of medical advice;
- if returning as a Customer, the Customer has updated their records prior to consultation for any significant changes since last using the Service (such as change in medical condition or address) or will draw such changes to the Doctor's attention during a Telephone Call or Email and update the information to keep it accurate and up to date within a reasonable time period;
- the Customer is able to communicate effectively with the Doctor;
- the Customer is over 18; and
- he or she has permission to submit Payment Information where permission may be required.
- 10.2. Medicine dispensed by the Partner Pharmacy in response to a prescription issued by a Doctor may be prescription only medicine(s) "PoM" or "PoMs" or over-the-counter medicine(s) "OTC" or "OTCs". PoMs are medicines which may be supplied only in accordance with a prescription given by an appropriate practitioner such as one of our Doctors and administered only in accordance with the directions given by that practitioner. The issue of PoMs is governed by the The Human Medicines Regulations 2012 (SI 2012 /1916) and, where not revoked, consolidated or repealed, earlier legislation including the Medicines Act 1968 and The Prescription Only Medicines (Human Use) Order 1997. OTCs may commonly be referred to as non prescription medicine but will nevertheless always be prescribed by a Doctor before any OTCs are dispensed by the Partner Pharmacy. Both PoMs and OTCs are prescribed as part of the Service provided but PoMs will be marked by the pharmacy with an appropriate label. Both PoMs and OTCs prescribed are intended for the sole use of the Customer. It is particularly important that PoMs are used only by the Customer for whom they are individually prescribed and in the dosage and manner specified. PoMs must be used or taken only when the Customer has been specifically advised to do so as part of a consultation with a Doctor.
- 10.3. It is the responsibility of the Customer to read through any and all information leaflets accompanying medicines and to follow the advice given within those leaflets and by the Doctor.
- 10.4. The Customer is responsible for looking at the use-by dates for medicine and may need to request a repeat prescription if medicine is out of date. Any out of date or otherwise unwanted medicine should be disposed of by taking the medicine to a pharmacy for safe disposal.
- 10.5. If any medicine is prescribed by the Doctor then Customer represents and warrants that:
- the medicine is for the Customer's own use;
- PoMs (as defined above) will only be taken as part of a consultation with a Doctor;
- the Customer will read the instruction leaflets supplied with any medicine; and
- check that the medicine is still within date before use.
- 8.7. When a Test Kit is purchased, the Customer is responsible for the return of the appropriate blood or other sample in accordance with the instructions provided by the Partner Laboratory, including sufficient quantity, using the reply paid packaging provided to arrive at the Partner Laboratory within 3 months of the date of purchase. Failure to follow the instructions provided may invalidate the Test Kit Result. Neither Dr Morton’s nor the Partner Laboratory accept any responsibility for processing or reporting upon samples returned by the Customer that do not arrive at the Partner Laboratory within 3 months of purchase.
- 10.6. When a Test Kit is purchased, the Customer is responsible for the return of the appropriate blood or other sample in accordance with the instructions provided by the Partner Laboratory, including sufficient quantity, using the reply paid packaging provided to arrive at the Partner Laboratory within 3 months of the date of purchase. Failure to follow the instructions provided may invalidate the Test Kit Result. Neither Dr Morton’s nor the Partner Laboratory accept any responsibility for processing or reporting upon samples returned by the Customer that do not arrive at the Partner Laboratory within 3 months of purchase.
- 10.7. When a Test Kit is purchased, the Customer represents and warrants that any tissue, bodily fluid, biological or personal samples sent to the Partner Laboratory for analysis are their own and acknowledges that Dr Morton’s and the Partner Laboratory will produce Test Kit Results only for the purpose for which the Test Kit was ordered and for no other purpose or condition.
- 10.8. Customers must not share their Customer account details with anyone, particularly their username and password, and undertake to keep such details safe. Dr Morton's accepts no liability for any losses or damages incurred as a result of Customer account details being shared by a Customer's actions or lack thereof. If a Customer has shared use of a computer, it is strongly recommended that Customer account details are not stored in their internet browser.
- 10.9. Any Customer that has reason to believe that their Customer account details have been obtained by another without consent, should contact Dr Morton's immediately to suspend their Customer account, request a new user name and password and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision of Services commences prior to your notifying us of the unauthorised nature of the order or payment, Dr Morton's accepts no liability or responsibility and may suspend provision of Services pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment. Any decision made by Dr Morton's in this regard shall be final and binding.
- 10.10. The Customer acknowledges that there may be occasions when as a result of planned maintenance or system improvement work by Dr Morton’s or unforeseen circumstances such as internet provider interruption or the non-availability of a contracted Doctor on rota, when Dr Morton’s web site or telephone system is not available or Doctors are not able to respond to Customer Telephone Calls or Emails.
- 10.11. Our Doctors have given their prior consent that the Customer may access their own medical records stored on Dr Morton's database. No further approval from the Doctor is needed should you wish to access your records and there is no additional charge for access to such records.
11. Undertakings by Dr Morton's to its Customers
- 11.1. Dr Morton's and the Doctors, agents and affiliates shall use their best endeavours to provide the Services with reasonable skill and care.
- 11.2. Dr Morton’s will use its reasonable endeavours to provide services without interruption during the opening hours stated on its web site, to respond by Email if Telephone Calls are interrupted and if interruption to all services occurs, to restore its services within the fastest possible time period.
- Security, including keeping user names and passwords safe;
- Processing, including Customer consent for Dr Morton’s to be able to store and process Information outside of the EEA should that be necessary;
- Disclosure and Confidentiality, including Customer agreement to the GMC guidance that Doctors must follow; andRetention of Medical Information, including Customer agreement to UK regulatory codes of practice on records management that Dr Morton’s must follow.
13. Complaints procedure
- 13.1. In the event that Services provided are not in conformity with the Undertakings by Dr Morton's to its Customers or as a Customer you are in any way dissatisfied with the Services, please contact Dr Morton's on 020 7101 6386 or by email to email@example.com and let us know. Alternatively you may contact us in writing at the following address: 201 Chapelier House, Eastfields Avenue, London, SW18 1LR United Kingdom.
14. Return of damaged goods
- 14.1. Damaged or faulty goods can be returned by a Customer to the Partner Pharmacy at any time in the 30 days following dispatch from the Partner Pharmacy using the procedure set out in the Email to the Customer confirming dispatch from the Partner Pharmacy. A full refund, including postage costs, will be given by Dr Morton's to the Customer following confirmation from the Partner Pharmacy that damaged or faulty goods have been returned. The address of the Partner Pharmacy is also included on the label to each item of medication prescribed. The Customer should return such goods by registered mail and allow 10 days from delivery at the Partner Pharmacy for any refund to be processed. The Customer should specify the nature of the damage or fault, order number and the actual postage costs that the Customer seeks to reclaim. The Customer must ensure that the returned item is complete and it is packaged safely to avoid further damage and include all of the original packaging received. Please note that if the item is further damaged by the process of return or is incomplete, an appropriate sum will be deducted from any refund due by Dr Morton's.
- 14.2. Test Kits that arrive damaged in the post will be replaced free of charge.
15. Cancellation and refund policy: Restriction on return of undamaged goods
- 15.1. For reasons of safety and regulatory compliance, undamaged or unwanted prescribed medicines cannot be reused if returned to the Partner Pharmacy, even if unopened, and Dr Morton's is consequently unable to provide a refund for such returns. Any medicine returned will be disposed of by the Partner Pharmacy without refund. Customers are advised not to return unused or unwanted medicine to either the Partner Pharmacy or Dr Morton's but to take such medicine instead to any pharmacy or chemist (such as a High Street chemist) for safe disposal.
- 15.2. It is not possible for the Customer to cancel an order once a prescription has been issued or a Test Kit dispatched and service has commenced.
16. Refunds or repeat prescriptions in the event of non delivery
- 16.1. In the event of non delivery, the Customer must follow the procedure set out in the Email to the Customer confirming dispatch from the Partner Pharmacy. If following investigation by the parcel delivery company employed by the Partner Pharmacy, the Partner Pharmacy is able to confirm to Dr Morton's that no delivery was made, the Partner Pharmacy will request a repeat prescription and Dr Morton's will offer the Customer either that repeat prescription at no additional cost or provide the Customer with a full refund. In the unlikely event that a duplicate delivery is then received by the Customer, the Customer should contact Dr Morton's and request guidance before opening the second delivery.
- 16.2. If the Doctor, for any reason, decides not to issue a prescription for a medicine requested by the Customer, the Customer will be notified by Email and will not be charged for medicine that is not prescribed.
- 16.3. In the event of non delivery of a Test Kit when service has not commenced, the Customer is entitled to a replacement Test Kit. To notify the Partner Laboratory of non delivery please e-mail County Pathology Limited at firstname.lastname@example.org quoting your name and Dr Morton’s and then inform Dr Morton’s that you have done so. Please bear in mind that Test Kits are dispatched on weekdays only between the hours of 09:00 and 17:00. In the event of non delivery of a Test Kit within 14 days when service has not commenced, the Customer is entitled to a full refund. To notify Dr Morton’s of non delivery of a Test Kit after 14 days please telephone 012 123 123 12. If refund rather than replacement is selected, please allow a further 14 days from notification of Dr Morton’s for any refund due to take effect.
17. Restrictions to the Services provided
- 17.1. Services are not provided face to face and so, in the event that the Doctor determines that face to face consultation is necessary, the Customer will be told to see another medical practitioner that is able to provide a consultation in person such as a General Practitioner ("GP") in a physical surgery or the Accident and Emergency department of a hospital ("A&E"). Where a Telephone Call or Email consultation with Dr Morton's has already commenced the Service provided until the point that it is determined that face to face consultation is necessary will nevertheless be chargeable. We recommend that Customers do not use the Service for matters (as for example in the case of a suspected broken leg) where face to face consultation is likely to be more appropriate.
- 17.2. Services are provided in English. Some Doctors are multilingual but translation services are not presently available. Customers with hearing difficulties may communicate by email.
- 17.3. No narcotic or controlled drugs as defined by the United Kingdom Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001 are ever prescribed.
- 17.4. When a Test Kit is purchased, the Customer accepts that Dr Morton’s and the Partner Laboratory do not have a duty of care to test for or report upon any other matter than that for which the Test Kit was ordered.
- 17.5. Dr Morton's, its Doctors, its agents and affiliates shall use all reasonable endeavours to complete its obligations under these Terms and Conditions, but time will not be of the essence in the performance of these obligations.
- 17.6. Other than for proven medical negligence, the maximum liability of Dr Morton's and its officers for any losses or claims arising from use of its Website or Services is the total amount that a Customer has paid for Services rendered in the preceding twelve months.
- 17.7. Dr Morton's shall be under no liability if it is unable to provide the Services or carry out the provisions of any contract for any reason beyond its control including (without limiting the foregoing) act of God, legislation, insolvency of supplier, wars, fire, flood, drought, failure of power supply, telephone network provider failure, internet service provider failure, mechanical breakdown, lock out, strike or other action taken in contemplation of furtherance of a dispute or owing to any inability to procure goods for the performance of the contract. During the continuance of such a contingency the Customer may by written notice to Dr Morton's elect to terminate the Contract and pay any charges due in accordance with these Terms and Conditions.
- 17.8 Dr Morton’s has a fair usage policy under which it reserves the right to terminate the provision of Services to a Customer or deny access to its Services in the event that a Customer makes excessive use of the Service relative to typical usage patterns in the reasonable opinion of Dr Morton’s or is abusive or acts inappropriately to any Doctor or any employee or agent of Dr Morton’s. Inappropriate acts may include, without limitation, abusive, offensive behaviour or remarks, excessive, inappropriate or abusive use.
- 17.9. To the maximum extent permitted by law, Dr Morton's accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Website Users should be aware that they use the Website and at their own risk.
- 17.10. Nothing in these Terms and Conditions excludes or restricts Dr Morton's liability for death or personal injury resulting from any negligence on the part of Dr Morton's.
- 17.11. The Service is aimed primarily at minor illnesses and is not intended to address long term or chronic conditions either arising or pre-existing although in some cases a Doctor may be able to provide reassurance.
18. Changes to Services
- 18.1. Dr Morton's reserves the right to exercise discretion with respect to any alterations to Services. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- the frequency with which Customers use the Services and their opinion thereof;
- the economic viability of the Service and any significant further work on the part and at the expense of Dr Morton's that would have to be performed;
- but such discretion will be exercised only within the confines of English law.
- 18.2. If, due to circumstances beyond Dr Morton's control, it has to make any change in the arrangements relating to the provision of the Services changes will be notified to Customer via the Website. Dr Morton's shall endeavour to keep such changes to a minimum and shall seek to offer the Customer arrangements as close to the original as is reasonably possible in the circumstances.
19. Terms and Conditions relating to Website Users
- 19.1. When you use this Website and irrespective of whether or not you become a Customer or use our Services, you become a "Website User". Website Users agree to comply with and be bound by the Terms and Conditions relating to Website Users. If you do not agree to be bound by these Terms and Conditions, you should stop using this Website immediately.
- 19.2. Some information presented on this Website may be unsuitable if you are under the age of 18 and it is recommended that you only become a Website User if you are over 18.
- 19.3. The content of this Website created by or for Dr Morton's including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Dr Morton's, its affiliates or others. Website Users should refrain from using this Website unless they acknowledge that such material is protected by applicable United Kingdom and International law including copyright. Other than the exceptions detailed in Chapter III of the United Kingdom Copyright Designs and Patents Act 1988, Website Users may not reproduce, copy, distribute, store or in any other method re-use content from this Website unless given express permission in writing to do so by Dr Morton's.
- 19.4. Dr Morton's assumes no responsibility for content uploaded by Website Users and disclaims liability for any loss or damage arising out of the use of such content. Any opinion expressed in content uploaded by Website Users is not necessarily, if at all, the opinion of Dr Morton's.
- 19.5. Where this Website contains links to other sites, unless expressly stated, these sites are not under the control of Dr Morton's or any of Dr Morton's affiliates. Dr Morton's assumes no responsibility for the content of such websites and disclaims any liability for loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves, any opinion expressed thereon or of those in control of them. All Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to their respective owners.
- 19.6. Use of any abusive language will not be tolerated and may result in the suspension of use.
- 19.7. Website Users who are not Customers should not rely upon the content of this Website when making any decisions or taking action of any kind. The provision of medical advice is dependent upon knowledge of each Customer's individual circumstance and can accordingly only be offered to Customers that have registered and provided sufficient information to a Doctor. Website Users who are not Customers have no access to medical records or the Portal Email through which Doctors may give bespoke medical advice. Without Portal Email, this Website on its own is not intended to constitute advice, is not intended to constitute a contractual offer of medical advice capable of acceptance and the content of this Website should not be relied upon.
20. Governing Law
- 19.1. These Terms and Conditions are governed by and construed in all respects in accordance with English law and, by using this Website or by purchasing Services, the Customer agrees to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising.
21. Further Legal Terms
- 21.1. References within these Terms and Conditions to the word 'our' or 'us' is a reference to Dr Morton's. A reference to the word 'you' or 'yours' is a reference to either the Website User or the Customer, as defined above.
- 21.2. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the law including but not limited to the United Kingdom Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal. The remainder of these Terms and Conditions shall be valid and enforceable.
- 21.3. In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- 22.4. This agreement may not be assigned, novated or exchanged in any manner without the express written agreement of Dr Morton's.
- 22.1. Dr Morton's reserves the right to amend these Terms and Conditions at any time without prior notice or consent. The prevailing Terms and Conditions will be those published from time to time on the Website. It remains your responsibility to check these Terms and Conditions every time you use our Services. If you disagree with any of these Terms and Conditions you should not use our Services.
- 22.2. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail at the point the Customer uses the Website or Services unless it is expressly stated otherwise.
This page was last updated on 1 February 2019. Changes were made to:
- Incorporate WebRTC video calls
- Move the definition of Email and Telephone calls (from previous paragraphs 20 and 21) to locate them as paragraphs 3 and 4 after the definition of Services, with consequent amendments to numbering throughout
- Recognise Business and NHS Customers in addition to individual Customers and the way Services are delivered to each
Copies of earlier versions of these Terms & Conditions are available upon request.