1. Acceptance of this service's Terms and Conditions

By using this service you are deemed to understand, consent to and agree to be legally bound by these Terms and Conditions. If you do not understand and agree to these terms and conditions you should not use this service. If you have already purchased a service you must cancel your order by contacting DrThom immediately through your online patient record.

2. Terminology

• The term 'DrThom' is the trading name of Expert Health Limited and 30MC Limited.
• The term 'the DrThom websites' means URL www.DrThom.com and associated pages and the URL www.onlinedoctor.embarrassingproblems.com and associated pages.
• The term 'this service' means the provision of information, advice, counseling and treatment by DrThom for a range of conditions.
• The term 'the remote service' means the provision of the DrThom service whenever a DrThom expert has not been able to meet with the patient for that specific episode of care.
• The term 'the DrThom clinic' means the DrThom clinic at 197-199 City Road, London, EC1V 1JN.
• The term 'DrThom expert' means a doctor or nurse or counsellor who is employed or who has been given practicing privileges or an equivalent by DrThom.
• The term 'law' shall be construed as a reference to any law (including common or customary law), statute, judgment, regulation, directive, bye law, order, ordinance or any other legislative measure of any government, supranational, local government, statutory or regulatory body or court, in each case having the force of law.
• The term 'Terms and Conditions' comprises of paragraphs 1 to 17 and includes the Privacy Policy and the Disclaimer.

3. The importance of providing true, timely and complete information

You agree that all information that you provide to DrThom will be true and complete to the best of your knowledge and that you will not omit to provide information that could reasonably be judged to be potentially relevant to DrThom in the provision of a service.

4. Care provided by DrThom experts

When a DrThom expert prescribes treatment for your use that person is taking responsibility for your care, but you agree that no promises are made, given or intended by the advice provided by the DrThom expert who will have provided what they consider to be the best medical advice given the information they have. You agree that DrThom is not responsible for what you choose to do with any advice that is given by a DrThom expert.

Any physical examination given in the DrThom clinic is for the specific purpose of identifying conditions related to sexual and reproductive health and is not for the purpose of identifying a broader range of potential medical conditions not explicitly within the bounds of sexual and reproductive health.

A patient undergoing a cervical smear in the DrThom clinic must understand that the cervical smear service does not include within it any tests for sexually transmitted infections although such tests can be purchased at the same time. The cervical smear service does not include any follow-up tests or investigations following the initial smear beyond referral to a qualified specialist. For the avoidance of doubt, DrThom is not responsible for ensuring that a patient who is given a referral letter relating to potential cervical abnormalities acts upon DrThom’s recommendation that the patient see a specialist.

6. Prescribed treatments

a.

You agree that any treatment prescribed will be solely for your own personal use and that you will not allow any other person access to the prescribed treatment.

b.

You agree that if a DrThom expert prescribes you treatment you will contact DrThom if you are uncertain as to how to take your treatment. You agree that, in this situation, you will wait for a response from DrThom before taking the relevant treatment.

c.

You agree that if a DrThom expert prescribes treatment and you suffer from any noticeable side-effects, you will contact DrThom to allow DrThom to fulfill a duty of after-care and to allow DrThom to monitor the effectiveness of all treatments given.

7. Informing your GP about any treatment that is prescribed

You agree that DrThom has advised all users of this service of the benefits of keeping their General Practitioner (GP) informed of any treatment prescribed and that DrThom has offered to so inform your GP if you provide DrThom with the relevant contacting information for your GP.

8. Informed consent

a.

You agree that by requesting treatment you formally give your informed consent for the DrThom expert to prescribe that treatment.

9. Your DrThom account

a.

You agree that you will not share your DrThom login and password with anyone. You acknowledge that you will take all reasonable steps to ensure that a third party does not gain access to your account.

b.

You agree that you will take all reasonable steps to ensure that any computer you use to set up or access your DrThom account is suitably protected from potential hazards by firewalls, anti-virus software and other such security applications.

c.

You agree that you will not create more than one DrThom account.

d.

You agree that if when creating your DrThom account you provide an email address or contact telephone number, you consent for us to contact you by email, telephone - including SMS - if and when the need arises

10. Accuracy of tests and provision and efficacy of treatment

a.

You acknowledge that where the price of a service includes one course of treatment, one course of treatment may not be sufficient to cure or manage the condition in question and that you may have to pay for a further course of treatment from DrThom if the first course of treatment is not effective.

11. Suitability of this service

You agree that DrThom has provided sufficient information for you to make an informed decision as to whether this service is appropriate for your situation.

12. Discussion fora

The DrThom website may include forms of discussion fora such as, but not limited to, chat rooms discussion or bulletin boards. These terms and conditions shall apply thereto but for the avoidance of doubt, DrThom expressly excludes all liability whatsoever for the contents of such discussion fora contributed by third parties.

13. Cancellations

The Consumer Protection (Distance Selling) Regulations 2000 state that in the supply of goods that cannot be used again there is no right to cancel. All DrThom services are personalised and as such there is no right to cancel.

14. Privacy Policy

DrThom upholds the UK Data Protection Act 1998. Unless required to do so by law, by a regulatory body or by current medical ethics, DrThom will not intentionally reveal your personal details to third party organisations other than those directly involved in providing the DrThom service. DrThom takes all reasonable steps to protect your personal details from unintentional disclosure. But the remote nature of the DrThom service necessarily relies upon using electronic forms of communication, post, telephone and SMS. There are inherent vulnerabilities in using such forms of communication and DrThom is therefore unable to give a guarantee that a third party unrelated to the DrThom service will not intercept communications.

15. Photographic Assessment Service

By uploading photograph(s) to the DrThom system you acknowledge that you waive all rights of ownership to the photograph(s) and ,if indicated, give DrThom permission to use it/them for training, research or commercial purposes providing that at all times DrThom uses the photograph(s) in such a way that renders the photograph(s) anonymous.

16. Disclaimer

a.

To the fullest extent permitted by applicable law, under no circumstances will DrThom be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being including, but not limited to, any embarrassment caused (b) loss of data; (c) loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of the DrThom service regardless of the form of action. Nothing in this clause is intended to exclude or limit DrThom's liability for death or personal injury caused by its negligence or fraud.

b.

You agree that to the fullest extent permitted by applicable law, DrThom makes no representations or warranties with respect to any treatment, information, advice or action relied on or followed by any person using the DrThom service.

c.

DrThom does not warrant that the DrThom websites or this service in general will be either available without interruption or error-free or that the website, server, hardware and software that support the DrThom service are free from viruses or something that may interfere with the normal operations of your systems. DrThom will not be liable for any loss or damage resulting from the transmission of data as may occur during communications with DrThom.

d.

DrThom will not be held responsible for loss or damage that arises from the fact that the nature of this remote service means that DrThom can not fully replicate the level of emotional support often associated with traditional physical clinics.

e.

To the fullest extent permissible by law, DrThom will not be held responsible for any information that is inadvertently omitted from this service or for any errors that are inadvertently included within the DrThom service. For the avoidance of doubt, DrThom will not be held responsible for any loss or damage that results from inaccuracies on the DrThom websites that relate to genitourinary medicine clinics.

f.

DrThom will not be liable for any loss, damage or delay that results from you having to collect an item that relates to this service that needs to be collected from a post office because there was no-one to sign for a delivery at the shipping address you gave.

g.

DrThom will not be liable for any loss, damage or delay that results from you failing to collect an item that is waiting for collection at a post office.

h.

DrThom will not be liable for any loss or damage if someone signs for a delivery related to this service at the shipping address that you gave yet fails, for whatever reason, to deliver the item to you in person.

i.

DrThom will not be required to send a repeat prescription of treatment to a patient when treatment has been signed for at the delivery address and, for whatever reason, treatment has not been started or completed by the patient. Similarly DrThom will not be required to send a repeat prescription of treatment to a patient when treatment has been dispatched but not yet delivered until the original prescription of treatment has been returned to our partner pharmacy.

j.

To the fullest extent permitted by applicable law, DrThom disclaims any liability resulting from the provision of services by third party providers. Liability shall rest with the appropriate third party provider and shall not under any circumstance be deemed to rest with DrThom.

k.

By linking to third party websites DrThom does not endorse the policies, practices, or opinions expressed on these sites. DrThom does not make representations or warranties as to the accuracy or any other aspect of the information contained on such websites.

16. Exclusive jurisdiction of the English courts

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. The above terms and conditions shall be governed by and construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the English Courts.

17. Change to Terms and Conditions

DrThom reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the website and the entire DrThom service after changes are posted constitutes your acceptance of these terms and conditions as modified by the posted changes.