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Patient Terms & Conditions

Please read these terms & conditions carefully as they govern your access, attempt to access and use of GenderGP.

By using GenderGP, including this Website (https://www.GenderGP.com) and any web,  mobile and tablet applications (together, the “Service”), you accept these terms and conditions in full, along with all other rules, policies and procedures that may be published by GenderGP on the Service or otherwise communicated to you from time to time by GenderGP (together, the “Terms & Conditions”).

If you do not understand, accept and agree to these terms and conditions you are not authorised to access or use GenderGP and you should exit the service and cancel any appointment immediately.

GenderGP reserves the right to suspend or terminate your access to the Service at any time, without notice and without liability, if it reasonably determines you have breached these Terms and Conditions.

GenderGP is NOT to be used in an emergency situation

If you believe that you or the person you are assisting is in an urgent or emergency situation you should immediately dial 999 or seek alternative emergency medical services.

 

You should call 999 in a critical or life-threatening situation, such as if someone has:

  • difficulty breathing
  • severe bleeding and it can’t be stopped
  • severe chest pain
  • loss of consciousness
  • acute confused states and fits which aren’t stopped
  • or if you believe someone is having a heart attack or stroke

 

GenderGP Overview

GenderGP is owned and operated by Harland International Limited (“Harland International Limited”, “HIL”, “our, “us”, “we”), a company registered in Hong Kong.

GenderGP enables individuals (“Patient” “Client” “Customer”, “Customers”, “you”, “your”, “yourself”) to connect via email, telephone, streaming video, chat, instant messaging and picture messaging, with healthcare professionals (the “Practitioners”) via the website in order to gain qualified and professional medical advice and therapeutic support and be provided with related administrative services including referrals and letters. 

If agreed with a Practitioner, and where supported by GenderGP, in consultation on the Service, Customers may also purchase private prescriptions for certain medication(s) (collectively the “Services” or a “Service”).

GenderGP may vary charges for any Services at any time, and changes will be notified to you in accordance with these Terms and Conditions. However, an official review of all prices and products will take place every 6 months – April and October – and any agreed changes will be notified to all relevant individuals. 

You expressly understand, accept and agree that when using the Service, the Practitioners are independent professionals that are individually responsible for the services they offer to you via the Service.

GenderGP is a connective Service that enables Customers to consult with Practitioners on a private subscription and self-pay basis from time to time. GenderGP will only ordinarily share medical information with your general practitioner and any specialists with your consent. You will be presented with your options regarding medical record sharing and the choice to share your medical records is entirely yours.

Prescriptions will be issued by Practitioners under circumstances that are appropriate, legal, responsible and as the result of discussion and mutual agreement between you, any relevant third parties and the Practitioner. GenderGP does not itself offer a prescription provision or fulfillment service.

GenderGP may deny or refuse you access to the Service; suspend, change or update the Service; prevent certain Practitioners from using the Service; and/or otherwise alter the Service it offers to Customers from time to time, at its sole discretion, without notice, but at all times subject to GenderGP’s legal obligations, which it takes very seriously, such as regarding the secure maintenance of medical records.

Consultation times are subject to change and are only made available to Customers at the sole discretion of GenderGP. If you require medical advice and GenderGP is inaccessible or there are no appointments available to suit you; you miss an appointment you have made; start a connection that fails; or attend an appointment that has been cancelled or when a Practitioner is not available, you understand and agree that it is your responsibility to seek appropriate alternatives as necessary. 

GenderGP and the Practitioners are not responsible for any legal prescriptions provided to you that legal Pharmacies refuse to dispense. You accept that it remains an individual Pharmacist’s right to refuse to fulfil any prescription and/or dispense medications when presented with a legal prescription. None of this affects your legal rights.

 

Information You Provide

You accept and agree that any medical advice offered and/or diagnosis provided by a Practitioner is based on your recall and description of the symptoms affecting you and/or by reliance on personal health data that you authorise us to obtain/that you provide to us by way of uploading such information to the Service. 

A very significant part of the medical advice/diagnosis you may receive is therefore based on the information that you supply. It is entirely your responsibility to honestly present information when questioned, in as much detail as possible. The information’s accuracy is paramount.

You warrant, without exception, that any information you provide is honest, legitimate and an accurate representation of your situation as you see it and is provided about you, by you.. With regard to information you provide from other service providers or otherwise upload to the Service, you warrant and confirm that such additional information is accurate, legally provided and has not been tampered with. 

You understand and accept that you may choose to give access only to certain portions of your medical information, but that by doing so this may interfere with the care you receive from Practitioners and/or your care generally. 

You understand and agree that you may NOT under any circumstances amend, alter or tamper with the contents of any documents created on the Service and/or issued to you via the Service.

At any time you may be notified that information is available for your review that is considered private and possibly time-sensitive, so you should consider ease of access when determining which email address you use for your Account.

 

You are obliged to advise us of the following as soon as reasonably possible:

  • Changes to your legal name
  • Changes in email address
  • Change of postal address, including postal code
  • Change of mobile telephone number (you are not permitted to use landline numbers in place of a mobile telephone number)
  • Change of debit or credit card details, including billing address, for any card registered to your Account

 

Consultations

We charge for consultations with Practitioners. After you have requested an Appointment you will be sent written confirmation of the Appointment in the form of an email; if you do not receive such confirmation within 24 hours of requesting your Appointment (or, if sooner, within 4 hours of the start of your intended Appointment) please contact us to check that we have received your booking request.

GenderGP will advise you by email as soon as possible if it has to amend, change or cancel any Session that you have booked.

 

Prescriptions

You understand and accept there is no guarantee whatsoever that you will be issued or provided with a prescription for any medication and acknowledge that the issuing of any prescription is at the sole discretion of the consulting Practitioner, subject to the limitations applied by GenderGP’s medical team from time to time.

The prescriptions available via GenderGP are private prescriptions only. You accept that private prescriptions are fulfilled at a charge, unique to the fulfilling pharmacy, which is not under the control of GenderGP or the Practitioners. It is your choice as to whether you have any prescription fulfilled and at what cost.  Any reference to a ‘prescription’ shall be deemed to apply to repeat prescriptions where applicable.

Any prescription that you receive via the GenderGP Service is only valid for use at legal pharmacies. You understand and agree that any prescriptions you acquire via the Service are solely for your personal use and no part of any medications obtained by using a prescription from this Service is to be given or shared with anyone else. 

Furthermore, you agree to carefully read all information provided to you and to follow the instructions provided by the Practitioner(s), on the prescription(s) itself (the label applied by the pharmacy) or otherwise, prior to taking any of the prescribed medicines. You also hereby agree to contact a Practitioner, another doctor or a pharmacist if you have any questions or do not fully understand the reasons you have been prescribed any medication or the instructions related to the medication.

 

Please be aware that GenderGP’s medical team has restricted some of the medicines that Practitioners may prescribe on the Service. There are certain medicines that will not be issued by Practitioners in any circumstances, which include:

  • Controlled medication, such as strong painkillers, anxiolytics, sedatives and hypnotics
  • Medication that required prescribing and monitoring by specialists other than gender specialists

 

Letters

You will be charged the current fee (see Costs) for an assessment for a Letter. By accepting this charge you confirm that you have read the above and accept that we cannot be held responsible either financially or medically if your referral or request is declined. You also confirm that you have given a full and accurate history to your doctor and have not withheld any information that you feel may be relevant to your referral or may affect the chance your referral or request may be accepted.

You accept that there is NO guarantee or warranty that your Practitioner will agree to provide the prescription or letter.

 

Contents of Prescriptions and Letters

You accept without question that each Practitioner, at its sole discretion, creates prescriptions and letters via the Service based on their own professional judgement and legal obligations and that the content of such items is individual, based on the information you provide to the Practitioner. You must not tamper with the content of any such items. You acknowledge that there is no guarantee or warranty by GenderGP that such items will contain the content you desire(d), hope(d) for, expect(ed), were informed of, understood or believed they would contain.

 

Delivery of Prescriptions and Letters

If you lose a prescription or letter a copy may be issued, subject to the Practitioner agreeing to re-issue the document. There is no guarantee that a Practitioner will agree to re-issue any document. In the event that the Practitioner re-issues your lost prescription or letter you may be charged in accordance with the current Costs. 

If you require a copy of a letter or prescription over 6 months after the original was issued, there is no guarantee that a Practitioner will agree to re-issue any document. In the event that the Practitioner re-issues your prescription or letter you may be charged in accordance with the current Costs and may be required to have a further consultation in accordance with the current Costs. 

You may choose to receive your prescription or letter using the delivery services described below, which are charged at the relevant Costs at the time of selection and purchase. Once your prescription or letter has been created, it will be deemed to have been received by you within the time-frames explained below.

If you purchase a prescription or letter, we will deliver it to the email address that you have provided in your Account. You accept that it is entirely your responsibility to ensure that the contact details you provide are accurate and up-to-date.

 

Delivery by Email

The cost of delivering your prescription or letter, once only, by email is included in the relevant fee, as shown in our Costs.

You understand and agree that documents sent by email are deemed to have been sent to you once the Service marks the email containing the document as sent, including time and date stamping that prescription for GenderGP’s records. Such records shall be accepted by you, without question, as proof that we have sent the document and fulfilled our obligation to provide the same.

You accept that GenderGP is not responsible for the spam, junk or mail receipt prevention tactics of your email service provider/host, which may for whatever reason, outside of GenderGP’s control, filter emails from us away from your inbox. In such instances you understand and accept that you must take such access issues up with your email provider and not GenderGP.

If you do not contact us and inform us of an issue, we will deem documents by email to have been received by you within twenty-four (24) hours of us marking them as sent.

 

Costs

If for any reason you are unable to authorise payment for any Service(s) in advance, you acknowledge that neither GenderGP nor the Practitioner shall be obliged to provide such Services.

Any and all fees and charges incurred on an Account are the sole responsibility of the Account holder (being the individual whose details are held under the Account) and MUST be paid prior to your receiving any Services. Consultations may be curtailed or Services suspended if at any time payments are not up to date.

You expressly hereby authorise GenderGP to pre-authorise or charge any debit and/or credit card in your Account with any applicable charges as stated in these Terms and Conditions (as updated from time to time) or as otherwise agreed in writing with you. You accept that any failure of pre-authorisation or authorisation processes is likely to result in the Services not being provided. You understand that the Services may not be provided or consultations cancelled if your billing information is inaccurate, invalid, or without funds.

You agree that any unpaid balance on your Account shall become due within seven (7) days of notifying you of any such balance, after which date the balance shall bear daily interest at the rate of 3% per annum above HSBC’s lending rate from time to time. The reasonable costs of collection, including any Court costs and reasonable legal costs, may be added as principal amounts to any such balance. If you think any charge is wrong please contact us promptly to let us know and we will not charge you interest on any disputed amounts until we have resolved the issue.

GenderGP does not accept payment by insurers on your behalf, unless expressly agreed in writing by GenderGP.

PLEASE NOTE that failure by your credit or banking provider to enable GenderGP to pre-authorise or clear payments is your sole responsibility and GenderGP will still be owed the fees and charges incurred by you personally, which GenderGP may take formal action to recover. 

A review of costs will take place on the 1st of April and 1st of December every year in order to ensure the prices are reasonable and acceptable. Prices may be increased and decreased as required. Any changes to pricing will be notified to all those affected with 30 days notice.

 

Consultation Costs

A full list of up to date costs is available on request. Please contact us for our current fees.

 

Delivery Costs

Standard delivery means the items are either sent by email or sent by Royal Mail first class post (or equivalent) to UK mainland addresses only.  Costs for other delivery methods will be provided on request.

Please note that it is your sole responsibility to ensure the address (whether email or postal) that you provide is correct as that is the address that GenderGP will use.

 

Practitioners and Choice

You may not choose the Practitioner to which you are connected unless GenderGP provides these options to you on its Service, which it may do from time to time at its sole discretion. GenderGP does not make any guarantee whatsoever as to the availability of any single Practitioner at any time.

GenderGP does not make any representation or give any warranties regarding the Practitioners’ training, qualifications or skill, although we do  make appropriate checks to ensure aspects of the Practitioner validity, such as their training, indemnity and registration and their right to practise.

 

Your GenderGP Account

In order to access the Service and the Services you represent and warrant that you possess the legal right, capacity and ability, on your own behalf to accept and agree to these Terms and Conditions.

You agree to create your GenderGP account (Account) accurately and truthfully, including but not limited to your name, postal address, telephone numbers, email address and password.

Your Account details are personal to you and you are solely responsible for maintaining their confidentiality, as you remain liable for all activity that occurs under your Account. You agree to prohibit anyone else from using your Account and you agree immediately to notify GenderGP of any actual or suspected unauthorised use of your Account or any other security concerns, howsoever arising, immediately upon your becoming aware of them. 

Unless and until you notify us of any suspicious activity or security concerns we will assume all actions taken linked to your Account to be authorised by you.

In order to determine your compliance with these Terms and Conditions we reserve the right to monitor your access to and use of the Service and the Services. GenderGP may, at its sole discretion, deny access to the Service and/or refuse to provide Services in the case of actual or suspected misuse of the Service and/or Services or for any actual, attempted or suspected non-compliance with these Terms and Conditions, including but not limited to security concerns or potential infringement of intellectual property rights.

GenderGP reserves the right to refuse access to the Service to anyone, at its sole discretion from time to time, whether or not the user has previously successfully registered, visited or used any Services.

 

Security

GenderGP may contact you by telephone, post or email to verify your Account information. GenderGP may request further information from you, which you agree to provide, in order to ensure you have not fraudulently created your Account.

If you do not provide any such information in the manner requested within seven (7) working days of the request, GenderGP reserves the right to suspend, discontinue or deny your access to and use of the Service and Services until such time as the information is provided to GenderGP’s reasonable satisfaction.

 

Modifications to Terms and Conditions

Please print and keep a copy of these Terms and Conditions. GenderGP reserves the right to modify the Terms and Conditions periodically, for any reason. We will post a copy of the updated Terms and Conditions on the Service prior to any change becoming effective; if we make any material changes (including any change to our Costs) we will notify you prior to the change becoming effective. Any such revision or change will be binding and effective immediately on posting the revised Terms and Conditions of the Service and you should cease use of the Service if you do not agree to any such change.

The most current version of these Terms and Conditions can be accessed at any time on the website.  Any new version of these Terms and Conditions will, once published, supersede any previous version.

 

Electronic Medical Records

Your GenderGP electronic medical record (EMR) is created to document, store and access your personal health information online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Practitioner to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable law. 

Any information provided as part of a consultation (which may be made up of video, email, letter, questionnaire, chat messages, pictures exchanged or snapped) becomes part of your EMR when attached to the records by your Practitioner. 

It is your responsibility to confirm any information during a consultation with a Practitioner so as to ensure the accuracy of your GenderGP EMR. GenderGP is not responsible for maintaining a complete record of all data arising from use of the Services. 

Please note that your Practitioner is obliged to use the information included in your EMR solely in accordance with their legal obligations including, without limitation, obtaining any consents or authorisations that may be required for your information to be shared with other participating providers. However, by requesting a consultation through the Service, you agree to disclose the full contents of your EMR to the Practitioner who will conduct your consultation.

If you would like a copy of your GenderGP EMR you can request it by contacting us.

 

Information Resources (Opt-In)

By registering on the Service and then providing “opt-in” consent to non-essential marketing, you are agreeing to the receipt of offers, promotions, surveys, newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health-related information, links to other related websites and specific questions related to your GenderGP Account. 

Additionally, GenderGP makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment, or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by GenderGP. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care.

The information contained in these communications and resources is compiled from a variety of sources and may or may not be considered authored by GenderGP. GenderGP makes no warranty as to the content of these materials or the information contained therein, neither does it represent or warrant that any particular drug or treatment is safe, appropriate or effective for you.

If you do not wish to receive such communications, you may opt-out at any time by contacting us.

 

Limitations on Use

You agree that you will not, and will not permit anyone else to:

 

  1. use the Service or Services in any unlawful way and/or for any unlawful purpose;
  2. post or transmit a message (written, verbal or via video) under a false name or use the network resources of GenderGP to impersonate another person or misrepresent authorisation to act on behalf of others (including but not limited to Practitioners) or GenderGP. All messages transmitted via GenderGP and the Service should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;
  3. allow another person or entity to use your Account, username or password;
  4. market, promote or solicit the Services except as expressly permitted by these Terms and Conditions;
  5. distribute chain letters or unsolicited bulk electronic mail (“spamming”) via the Service, to GenderGP or to any third party allegedly on behalf of GenderGP;
  6. attempt to undermine the security or integrity of computing systems or networks of GenderGP, its Service or any sites or Services accessed through or via the Service, and you must not attempt to gain unauthorised access;
  7. harvest or collect data about any other individual who uses the Service;
  8. post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Service or the Services;
  9. tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of the Service or the Services. You will not use robots or scripts with the Service;
  10. attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this Service. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.

 

You further agree that any information you provide or use on the Service, and your use of the Service or Services will not infringe or facilitate infringement of any copyright, patent, trade mark, trade secret or other proprietary, publicity or privacy rights of any party.

GenderGP maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trade mark or other intellectual property or ownership right of any other person and to suspend your access to the Service in such circumstances.

GenderGP reserves the right to terminate any Account that does not include a valid email address and telephone number on file as part of that individual’s Account. Both the email address and telephone number must be stored in the profile for your Account on the Service. Please note: this does not affect GenderGP’s conformity with all relevant laws regarding the keeping, maintenance and protection of medical/patient records.

 

Operational Functionality

GenderGP reserves complete discretion with respect to the operation of the Service and Services and may alter, withdraw, suspend or discontinue any functionality or feature of the Service and/or Services at any time. GenderGP is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers.

GenderGP reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Service in accordance with its information policies from time to time including the Privacy Policy.

If GenderGP needs to suspend access to the Service at a time when you have booked a consultation it will notify you in advance (unless such suspension is for unforeseen purposes, such as for emergency maintenance) and arrange a new consultation time for you as soon as possible at no additional cost.

 

Use

For the duration only of being logged into your Account from time to time, and subject to your compliance with these Terms and Conditions, you are hereby granted a temporary licence to use the Service solely for personal, non-commercial use. 

You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service (including its software and documentation), create derivative works based on or in any manner commercially exploit the Service or the Services, in whole or in part.

The Customer is granted a licence to download any documents provided on or in relation to the Service or Services for personal use only. The Customer may not copy or otherwise use such information to create derivative works.

You may not make any form of recording of any consultation via the Service as this would be a breach of these Terms and Conditions and also a violation of data protection law.

You must not misuse our site by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which our website, app or related materials are stored or any server, computer or database connected to the Service. You must not attack our site or app via a denial-of-service attack or a distributed denial-of-service attack; by breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

 

Linking

You may link to our website home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site on any website that is not owned by you. We reserve the right to withdraw linking permission at any time.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of content on our site other than that set out above, please contact us.

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only.  GenderGP has no control over the contents of such sites or resources.

 

Intellectual Property

With the exception of your EMR, GenderGP (or its licensors) retains all right, title and interest in and to the GenderGP name, the Services and any information, products, documentation, software or other materials used in relation to or made available via the Service, along with any patent, copyright, trade secret, trade mark, service mark or other intellectual property right in any of the foregoing in any territory.

You will not store, copy, modify, lease, loan, sell, distribute, transfer, display, reverse engineer, reverse assemble or otherwise attempt to discover any programming code or any source code used in or with the Service (save to the extent required for you to make back-up copies of such software or arrange its inter-operability with other packages). 

You acknowledge that violations (as determined at GenderGP’s sole discretion) of these intellectual property protections may lead to formal legal action. Save as set out in these Terms and Conditions you have no right to use any of the intellectual property rights associated with the Service without the prior written consent of GenderGP.

 

International Use

The Service and the Services are designed for and intended for users across the world unless exclusively named as excluded by GenderGP. GenderGP makes no representation that the information and/or the services provided via the Service are applicable to, appropriate for, or available in your territory. Accessing the Service or Services from territories where any content and/or Services may be illegal, is strictly prohibited.

 

Legal Notices and Disclaimers

Medical Disclaimers: GenderGP makes no representation or warranty as to the content of any treatment response from any Practitioner; Practitioners are independent contractors and not employees of GenderGP and any views expressed or advice provided by Practitioners are not necessarily endorsed by GenderGP. You and your Practitioner are solely responsible for all information provided and/or advice given via the Service.

Always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns – and before starting, stopping or modifying any treatment or medication – even if you have already obtained medical advice via or read relevant material on the Service.

GenderGP does not guarantee that a email/video/chat/picture message consultation is the best course of accessing advice or indeed the appropriate course of treatment for your healthcare concern or medical issue. 

Furthermore, GenderGP is not a substitute for your primary care provider. You agree to contact a doctor immediately should your condition, or symptoms, change . If you require urgent care, you should contact your nearest emergency services centre immediately.

Content Disclaimers: No information whatsoever or howsoever found on this Service (other than advice provided by a Practitioner in a consultation) should be relied on as medical advice, professional or otherwise. Nothing contained on this Service should be construed, directly or indirectly, as the practice of medicine by GenderGP, which only arranges the service of connecting you to a Practitioner. Should there be an issue with any of the medical services you receive from Practitioners via the Service, you can contact us via our Help Centre.

GenderGP makes no warranties or representations as to the accuracy of articles and other material published on the Service and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such material.

General Disclaimers: We do not guarantee that the Service will be secure or free from bugs or viruses.

You are responsible for configuring your information technology and computer programmes in order to access the Service. You should use your own virus protection software.

You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of and comply with these Terms and Conditions.

GenderGP makes no representations or warranties about: the satisfaction of government regulations requiring disclosure of information on prescription drug products; or any treatment, action or application or preparation of medication based on information offered or provided through the GenderGP service or services.

GenderGP does not endorse the promotions, products or services of any third parties, nor does it warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. GenderGP does not assume any responsibility or liability for the accuracy of information contained on any third party websites.

 

Service Reliability and Warranties

GenderGP makes no warranty that the Service or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. GenderGP is not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.

GenderGP will take all reasonable precautions to protect against failure of its equipment and software and will perform regular back-ups of all data stored. The Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Service and/or the Services, in which circumstances any booked Sessions shall be deemed “disrupted”.

 

Limitation of Liability

If GenderGP fails to comply with these Terms and Conditions, it is responsible for loss or damage you suffer that is a foreseeable result of it breaking this contract or failing to use reasonable care and skill, but it is 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 you purchase any Services, both we and you knew it might happen, for example, if you contacted us about it during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.

We will not be liable to any Customer for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the inability to use the Service; or use of or reliance on any content displayed on the Service.

Please note that we only provide the Service for domestic and private use. You may not use the Service or the Services for any commercial or business purposes; if you do use the Service or the Services for any commercial purpose GenderGP has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

GenderGP assumes no responsibility for the content of websites linked on the Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from any Customer’s use of such sites.

 

Termination and Survival

 

Our Right to Terminate

We may suspend or end the contract between us, terminating your right to use the Service or the Services, if:

  • You do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
  • 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 valid contact details;
  • You seriously (as determined by GenderGP) or repeatedly breach any of these Terms and Conditions.

 

You must compensate us if you breach these Terms and Conditions. If this happens we may deduct from any refund due to you, or charge you, reasonable compensation for the net costs we will incur as a result of your breach.

GenderGP may also terminate all access to the Service or the Services at any time, without notice. In such circumstances, subject to you having complied with these Terms and Conditions, GenderGP will endeavour to refund to you any credit held in your Account so far as it is legally able to do so.

GenderGP will advise you of any termination via the contact email held as part of your Account.

 

Your Right to Terminate

You may cease using the Service and/or have your Account suspended from usage/availability at any time. Provided you are not in breach of these Terms and Conditions you can contact us to arrange a refund of any credit on your Account, but we may deduct from that refund (or, if you have not made an advance payment, charge you) fees due to us in respect of Services provided and/or compensation for any net costs we will incur as a result of your ending the contract.

 

Survival

Upon termination of your Account for whatever reason, GenderGP has the right to delete all data, files or other information relating to you that it stores or controls for any reason, subject to law concerning the keeping and maintenance of medical/patient records and also data protection and the secure destruction of personal data.

 

Delivery of Services

You agree that the provision of any Services is subject to your payment in full of any costs relating to consultation, administrative and/or delivery fees that you incur in relation to the Services pursuant to our Costs.

GenderGP’s fees and charges do NOT include or cover any pharmacy or hospital fees and GenderGP does not accept payment by insurers on your behalf at this time, unless expressly provided for in writing by GenderGP at its sole discretion.

Any and all fees and charges, without exception, incurred on the Account are your responsibility as the Account Holder (If there is any question with regard to who is responsible for the fees and charges incurred, GenderGP will refer to the details held under the GenderGP Account Details and that individual shall have the legal responsibility for all fees and charges and no alternative position shall be acceptable to GenderGP) and must be pre-authorised prior to you receiving any of the Services, in whole or in part, whatsoever and settled immediately after the Services have been provided, in whole or in part.

You agree that any unpaid balance due hereunder shall immediately become overdue and bear daily interest at the rate of 10% per annum above HSBC’s lending rate, and that costs of collection, including any Court costs and reasonable legal costs shall be added as principal amounts to such balance.

GenderGP reserves the right to modify its Costs and/or pricing structure at any time, at its sole discretion and implement the new Costs and/or price structure at any time prior to billing you for payments due pursuant to these Terms and Conditions. You understand that the Service and the Services may not be provided or consultations ended or cancelled if your billing information is inaccurate, invalid, without funds (not in funds) or any pre-authorisation by us provides a negative response (as determined by GenderGP).

 

Contents of Prescriptions and Letters

You accept without question that qualified Practitioners are creating prescriptions, medical letters and sick notes on the Service and the contents of these items is bespoke, individual and based on your accounts and presentations at a certain time to the author Practitioner(s). 

As such, these contents may vary, the precise nature of the content shall be at the sole discretion of the Practitioner and you agree to hold harmless GenderGP, its employees, officers, directors, agents and affiliates from any claim that may arise as a result of the contents of such items. 

You also agree not to tamper with any of the content of these items whatsoever if you are provided with them and that there is no guarantee or warranty by GenderGP, its employees, officers, directors, agents and affiliates that the items will contain the content you desire(d), hope(d) for, expect(ed), were informed of, interpreted as including, understood or believed they would. The content shall be of a type the qualified Practitioner believes is appropriate, safe, responsible and legal.

 

Late Arrival, Cancelling Appointments and Missed Appointments

If you have booked a Session in advance via the Service you may cancel at any time up until 72 hours of the start of the appointment.

If your cancellation is successful you will receive an email from GenderGP to that effect and see an on-screen message confirming the cancellation; if you do not receive the cancellation email and see the on-screen message then you must either try again or contact us. 

You accept that GenderGP is not responsible and will accept no liability for any costs, expenses or losses arising from your failure properly to cancel any consultation for the Service. You accept that failure to cancel an appointment may lead to you being charged a cancellation fee (see below) and/or the full fee for the number of Sessions making up the Appointment that you failed to cancel, subject to GenderGP’s sole discretion.

Missed appointments occur when either you or a Practitioner is not present by the start time of a Session confirmed by GenderGP. In these instances you understand the full price for the appointment is due to be paid to GenderGP and there will be no refund.

If a Missed Appointment occurs because a Practitioner did not attend your Session(s) in time then we will refund the full price of the session and enable you to rebook the Session. 

If a Missed Appointment occurs because neither you nor the Practitioner attended the booked appointment at the scheduled time, GenderGP will treat this as though you have caused the Missed Appointment and charges will apply.

 

Refunds and Disruptions

If you think you are due a refund you must contact us as soon as possible, providing details of the consultation and a full description in writing of the issue or concern you are raising. We do not provide refunds where GenderGP is not at fault, such as in the following circumstances (which is NOT AN EXHAUSTIVE LIST but an indication only):

  1. If you are unable to have a private prescription, legitimately and correctly provided via the Service, fulfilled and/or the associated medication dispensed at a pharmacy of your choice for whatever reason.
  2. If your consultation is disrupted because of your actions, as determined by us exclusively. Where and when appropriate we will credit unused consultation time to your Account only and at our sole discretion.
  3. If you have missed a booked Session, as determined by us exclusively. In this instance you will be charged the cancellation fee as described above.
  4. If a Practitioner fails to attend your Appointment, as determined by us exclusively, we will refund you to the value of the Session charge.
  5. If you do not receive a prescription or referral letter as a result of a consultation via the Service.
  6. If it took longer than the published waiting time on the Service for your consultation to start.
  7. If you have started the assessment process, up to 70% of your set up fee may be refunded at the discretion of the Appraisal Pathway Delivery Lead or any member of the Senior Management Team.
  8. If a session has taken place successfully, no refund will be issued.

 

Membership

You will be required to pay a Membership fee every 28 days. In return, you will be entitled to services as per our Membership package. Further details about our Membership package (as may be varied from time to time) can be found on the Website.

The amount of the Membership fee is as set out on our Website.  The amount of the Membership fee may either be paid in one upfront lump sum payment (“annual fee”) for the entire year (“Membership Period”) or in four weekly payments (“subscription”) during the Membership Period.  

You agree to pay the Membership fee at the rate notified to you at the time you take out your Membership. We may modify the price of any Membership fee from time to time, but any change to the Membership fee will not apply during your current Membership Period. We will always inform you by way of email if the Membership fee will be increased in your next renewal period and you can always choose not to renew your Membership at the end of your current Membership Period.

Where you choose to make four-weekly payments, each payment will automatically be charged to your nominated debit or credit card without notification each month during the Membership Period.

In the event that any payment cannot be taken from your nominated debit or credit card, we have the right to suspend your Membership until the relevant payment has been received. In the event of a failed payment, a reminder will be sent to you via the email address that you gave to us at the time of registration.  We will attempt to take the relevant payment 24 hours after the reminder email and if it fails again, another reminder email will be sent to you. A third and final reminder email will be sent to you 24 hours after this and if payment fails for a third time, your Membership will be cancelled.

 

Cancellation Rights

Subject to your statutory rights you can cancel your Membership at any time during the Membership Period, but you will not be entitled to a refund of the Membership fee (annual fee or four-weekly payments). If you cancel your Membership during a current Membership Period and you are making four-weekly payments, we shall be entitled to take payment (from your nominated debit or credit card) for the total amount of any outstanding four-weekly payments which are due in respect of the remaining Membership Period (up to a total of the applicable Membership fee for the relevant year).

Nothing in this section affects your legal rights.

If you would like to cancel your Membership, please visit our helpful FAQs where instructions on cancellation can be found, as well as links to other helpful topics.

 

Fair Usage Policy

Our Fair Usage Policy is designed to prevent fraud, abuse of memberships and to ensure that everyone who wishes to use our Service is able to access Services as easily as possible.  

We also reserve the right to cancel your Membership at our sole discretion should you use our Services for any unlawful, prohibited or unusual activities, including but not limited to commercial use of our Services.

Any actions contrary to the Fair Usage Policy or these Terms and Conditions may lead to your Membership being suspended 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 membership, as we deem appropriate. 

We shall not be obliged to make any refund of any Membership fees paid by you (annual fee or four-weekly payments, as applicable) if we terminate your Membership in such circumstances.  If you are making four-weekly payments, we shall be entitled to take payment (from your nominated debit or credit card) for the total amount of any outstanding monthly payments which are due in respect of the remaining Membership Period (up to a total of the applicable Membership fee).

We also reserve the right to cancel your membership at our sole discretion should you use our services for any unlawful, prohibited or unusual activities, including but not limited to commercial use of our services.

Any actions contrary to the Fair Usage Policy or our Terms and Conditions may lead to your membership being suspended or our relationship with you being terminated. Where we consider it reasonable, we may provide you with a notice of improper behavior before suspending, terminating or offering an alternative membership, as we deem appropriate.

If you would like to cancel your membership, please visit our helpful FAQs where instructions on cancellation can be found, as well as links to other helpful topics.

 

Disputes

In the event of any non-medical complaint or dispute you should first contact us via our Help Centre and fully inform us of the issues surrounding your dispute in an open and engaged manner.

If you use chargeback services available via your payment card provider in an attempt to self-issue refunds and GenderGP is successful in disputing any chargeback with your provider, you will pay GenderGP’s reasonably-incurred fees and costs in relation to administration and legal work in disputing your claim. You agree to pay such fees to us in cleared funds no more than 30 days from the dispute being successfully decided in GenderGP’s favour.

Zero Tolerance

GenderP takes it very seriously if itself as an organisation, a member of staff or one of the health and wellbeing team is treated in an abusive or violent way.

GenderGP operates a zero tolerance abuse policy and we reserve the right to terminate services provided to anybody who publicly or personally attacks GenderGP or those who provide services on behalf of GenderGP.

GenderGP supports the ‘Zero Tolerance’ campaign for Health Service Staff. This states that all staff have a right to care for others without fear of being attacked or abused. To successfully provide these services a mutual respect between all the staff and patients has to be in place. All our staff aim to be polite, helpful, and sensitive to all patients’ individual needs and circumstances. They would respectfully remind patients that very often staff could be confronted with a multitude of varying and sometimes difficult tasks and situations, all at the same time.

Aggressive behaviour, be it violent or abusive, will not be tolerated and may result in you being removed from the patient list and, in extreme cases, the Police being contacted.

In order for GenderGP to maintain good relations with their patients we would like to ask all its patients to read and take note of the occasional types of behaviour that would be found unacceptable:

  • Using bad language or swearing at practice staff
  • Any physical violence towards any member of the GenderGP Team or other patients
  • Using aggressive or threatening language in emails, messages, telephone consultations, video consultations, social media posts
  • Written or verbal abuse towards the staff in any form including insulting the staff
  • Discriminatory harassment of any kind
  • Persistent or unrealistic demands that cause stress to staff will not be accepted. Requests will be met wherever possible and explanations given when they cannot
  • Obtaining medication and/or medical services fraudulently
We ask you to treat GenderGP and their staff courteously at all times.

Removal from the practice list

A good patient-doctor relationship, based on mutual respect and trust, is the cornerstone of good patient care. The removal of patients from our list is an exceptional and rare event and is a last resort in an impaired patient-practice relationship. When unacceptable behaviour has been exhibited and trust has irretrievably broken down, it is in the patient’s interest, just as much as that of the practice, that they should find a new service provider. We reserve the right to terminate the provision of services with immediate effect if abusive or violent behaviour is shown towards our organisation or an individual teamer staff member.

Circumstances Outside Our Control

Neither GenderGP, nor its officers, employees, contractors or agents, shall be responsible if the supply of the Services is delayed or prevented by circumstances outside its control. If this happens we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure. If there is a risk of substantial delay you may contact us to cancel your Account and/or cancel any booked Services and receive a refund for any Services you have paid for but not received.

 

No Third Party Rights

Nobody else has any rights under these Terms and Conditions. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

Assignment

You need our consent to transfer any rights under these Terms and Conditions to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

We may transfer our rights and obligations under these Terms and Conditions 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.

 

Privacy

By accepting these Terms and Conditions, you acknowledge that you understand, have read and will abide by the Privacy Policy (as updated from time to time in accordance with its terms), which is part of these Terms and Conditions by reference.

 

Applicable Law

These Terms and Conditions are governed by Hong Kong law and you can bring legal proceedings in respect of the Service or the Services in the Hong Kong courts.

 

Severability

If a court finds part of these Terms and Conditions illegal for any reason, the rest will continue in force. Each of the clauses operates separately; if any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.

 

Waiver

Even if we delay in enforcing any of these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaching these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

 

Notices

GenderGP may contact you by email, via the email address provided in your Account, by written communication, to the postal address provided in your Account, or by a general notice on the Service.

You may contact GenderGP at any time in via our Help Centre or by submitting a letter to Harland International Limited which has its headquarters at its registered office, Rm 22B, 22/F Kiu Yin Commercial Building, 361-361 Lockhart Road, Wanchai, Hong Kong.

 

Comments and Suggestions

GenderGP welcomes suggestions and submissions by its Customers. Please contact us via our Help Centre. 

Please note that by sending us ideas, artwork, computer code or creative materials you assign all copyright and other intellectual property rights in such materials to GenderGP; you also waive your moral rights in respect of the same. GenderGP shall have the right to use any such creative materials for any lawful purpose, including but not limited to reproduction, disclosure and publishing, without any compensation to you.

The rights in this clause do not apply to any personal information you submit as part of your EMR or other personal information held in your Account.

 

Identity Checks

In order to allow us to provide the Services to you in a way which protects the interests and safety of all of our patients, we need to carry out checks to verify the identity of any person wishing to use the Services (essentially, to make sure you are who you say you are). In carrying out such checks we will ask you to provide us with certain information in order to verify your identity such as Driving Licence, Military ID Card, Police Warrant Card or UK Disabled Driver Card. If you fail to provide us with this ID information, we may be unable to provide any Services to you, we may cancel any consultation that you may have booked through the Service by that point in time and we may apply the terms of our standard cancellation policy.

 

This is our current policy and was Last Revised on the 27/07/2020. 

For further information on our policies please contact us via our Help Centre