End User Licence Agreement

TERMS AND CONDITIONS

This Bupa healthcare app (referred to as the "App") is designed to promote our customer's health and wellbeing, and improve their access to healthcare and advice.

Details of how to contact us with a query or complaint can be found in section 26 (Complaints and Disputes).

IMPORTANT NOTICE

By signing up to this App you have agreed that you accept these terms and conditions (referred to as the "Terms") and agree to be bound by them. Expand all
  • We may amend these Terms from time to time as set out in section 15. Please make sure you understand the terms that will apply at the time you enter into any transaction with us.

    These Terms were most recently updated on August 2017.

    We, Bupa, provide this App to you working together with Babylon Healthcare Services Limited (“Babylon”), our clinical services provider. Babylon is regulated by the UK's Care Quality Commission for the provision of remote clinical services on our behalf, and is responsible for all clinical governance of the services provided through the App.

    When you use our services, our healthcare professionals will serve you from the UK. We need to explain our services to you in detail in these Terms because, together with Babylon, we are providing you with UK-regulated healthcare services.

    From time to time, we may change our clinical service provider, and we will let you know if this happens.

    Please read these Terms carefully and make sure that you understand them. They cover all the services we provide to you through our App. You will be asked to accept these Terms as part of the App registration.

    There are some important limitations on our obligations set out in these terms. The most important of these are:

    • We provide remote health advice and information services. Some health conditions are not suitable for remote advice. We recommend that you check our FAQs before using the services so that you can check that they are suitable for your symptoms (see sections 4 and 13).
    • We need certain information from you so that we can provide our services to you (see section 5).
    • We are unable to take responsibility for laws outside the UK governing access to our services. Some of our services are specifically designed for use in the UK and if you use them elsewhere, you should check in your country or region that it is appropriate and lawful for you to do so (see sections 7, 10 and 11).
    • The App is not suitable for managing medical emergencies (see section 4).
    • The App is not suitable for unrestricted use by people aged under 16 (see section 8).
  • Who we are

    We are Bupa Insurance Services Limited (Registered in England with number 3829851) whose registered office is at 1 Angel Court, London, EC2R 7HJ (referred to as "Bupa").

    We also refer to Bupa as we, us and our.

    You can contact us by telephone, by email or by writing to us. Click here for our contact details.

    Bupa is providing this App to you, and is responsible to you under these Terms.

  • You may be using our services because you are receiving another Bupa group service, or as an employment benefit

    You may be receiving our services as part of a package you have bought from Bupa or another Bupa group company, such as a health insurance policy. In that case, the terms and conditions of the other Bupa service may also apply to the provision of this service.

    Your employer or another third party may have entered into an agreement with us which allows you to use our services. In that case, some additional terms may apply to your use of our services. These will be provided to you from time to time by your employer or the third party.

  • What our services cover, and what you need to check when you use our services.

    Our services include healthcare assessments, consultations, healthcare information, access to diagnostic tests and kits, and access to healthcare products, which we provide remotely using our App and by email.

    Our services include:

    • a. remote video and phone consultations with our healthcare professionals;
    • b. the ability to enter questions and symptoms to search for information on possible courses of action for your healthcare needs;
    • c. the ability to ask our healthcare professionals questions;
    • d. our monitoring service, which monitors your health (see section 12);
    • e. access to healthcare tests, medicines and kits (see sections 9, 10 and 11);
    • f. access to your healthcare records

    Some medical conditions are not suitable for remote consultations. You should always seek advice from a healthcare professional in person if you are unsure about whether you have been able to explain your medical needs through our services, if you have any concerns about the advice you receive from us, or if it is different from other advice you have received.

    All services are only provided in English at the moment.

    You should not use our services in an emergency, or if you have a condition that you know will require a physical examination.

    Our remote consultation services are the only ones that provide medical advice. Our information services such as our Check a symptom and Ask a question provide healthcare information and not medical advice. They tell you about health conditions, the possible causes and available treatments. They do not diagnose your own health condition or make recommendations for your personal treatment. If you use our information services, we recommend you also seek the advice of a healthcare professional on your treatment, but whether you do so or not is up to you. You shouldn't take or stop taking any action (such as taking medicines) based on information from our information services.

    We strongly encourage you to discuss any advice you receive from us with your GP or usual healthcare professional.

    We provide our services using reasonable skill and care from appropriately qualified, and experienced, staff and healthcare professionals. If you think that our services have not met this standard, please contact us as soon as possible. We will fix or re-perform, without charge, any services we agree do not meet this standard.

    Our healthcare professionals are GPs, registered nurses or accredited specialists registered with the General Medical Council or other appropriate professional register, who have committed to provide services in accordance with clinical best practice and applicable professional standards (which we refer to as "Practitioners").

    Practitioners will not prescribe medicines unless it is, in their judgement, in their patient's best interests (and may not be able to prescribe medicines on the basis of a remote consultation).

    We protect your personal healthcare information in accordance with the Privacy Policy and applicable standards on the handling of personal data in the UK.

  • We are unable to provide our services without certain information and other things from you.

    We can only provide the services:

    • in accordance with these Terms; and
    • if you give us the information and documentation we need to help you.

    You must be careful that:

    • a. any information you give to us or a healthcare professional, or enter into the App, is accurate and in English;
    • b. if you have any concerns about the services we provide to you or any information in the App, you seek further medical advice from your GP or another medical professional;
    • c. you follow any instructions you are given by healthcare professionals;
    • d. you follow any instructions about the use of any medicines or healthcare products we recommend or prescribe (including in respect of use-by dates);
    • e. you let us know about any adverse or unexpected effects of treatments we recommend;
    • f. you keep any medicines we give you secure and do not allow others (especially children) to use them;
    • g. you tell us if any of our information about you is or becomes inaccurate or incomplete;
    • h. you use our services only for yourself, unless you are helping a child as explained in section 8.

    We tailor our services to suit you and rely on an accurate record of your use of services so that we can do this. Please only register once for our services. If you forget your username or password then you should contact support@babylonhealth.com.

  • At the moment, the App only works on iPhone version 4S or higher running iOS 9.3 or higher, or Android-enabled phones running Android v4.2 or higher. It needs a consistent 4G or faster data connection, and does not work reliably on 3G, GPRS or EDGE connections.

    We recommend that if you are using a wireless network to access the App, you avoid using public wi-fi facilities (rather than a personal wi-fi connection) and that the wireless network is secured with WPA-2 security (a security standard). If you are unsure whether your wireless network is secured with WPA-2, we recommend that you check with your broadband service provider. We recommend that the mobile device that you use the App on is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.

    From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times to take advantage of the latest enhancements. Depending on the update, you may not be able to use the services until you have downloaded or streamed the latest version of the App and accepted any new terms.

  • Our services are available to any adult (and to children in line with section 8).

    Our services are provided from the UK and regulated by the Care Quality Commission in the UK (whose website is www.cqc.org.uk).

    If you are using our services from outside the UK, you should check whether it is lawful to use them in the country you are in. We provide our services in compliance with UK law and regulation, and we do not take responsibility for any differences between those rules and any different rules applying to healthcare services anywhere else in the world.

  • Adults can use our services on behalf of children, but children should not use our services themselves.

    Our services are for use by adults over the age of 18.

    Young people between 16 and 18 may use our services and open their own account with us, if it is offered as part of their Bupa membership or if an adult has agreed to use their credit or debit card to pay the charges.

    Children under 16 may have an account opened for them by a parent or legal guardian, if it is linked to the parent or guardian's account and if the parent or guardian supervises the child's use of our services at all times.

    We may suspend services or close accounts if we suspect that they are being used in breach of the terms in this section.

  • We provide services which enable you to buy products from third party sellers working with us.

    The App enables you to buy healthcare and other products ("Products") sold by third party suppliers Babylon works with ("Suppliers").

    If you use the App to order a Product, we are responsible for placing that order on your behalf with its Supplier. Your contract for supply of the Product is with the Supplier, not with us and the Supplier is responsible for Product sourcing, quality and delivery.

    As part of the Product order process, a Supplier will contact you with the terms and conditions applying to your Product order including your right to cancel.

    Please contact us if you have any issues with your Product order. We will raise these issues with the Supplier on your behalf.

    Product images on the App are illustrations and the Product you receive may not look the same as the images of the Product on the App.

    Where applicable, we will collect payment for your Product order when it is made, but will refund your payment if the Product ordered is not in stock or cannot be supplied. If a Supplier refunds money you paid to us, we will pass that refund on to you.

  • We provide services which enable you to buy products from third party sellers working with us.

    In the United Kingdom, prescription medication can only be prescribed by qualified doctors who are registered with the UK’s General Medical Council (GMC) and who are permitted to prescribe medicines without meeting the patient face-to-face. We can supply the GMC registration number of all doctors, past or present, upon request. All doctors who have signed up to provide prescriptions through the App follow the GMC Guidelines on remote prescribing, and essential standards of quality and safety as enforced by the Care Quality Commission. Copies of these can be found at www.gmc-uk.org/mobile/14326 and www.cqc.org.uk.

    We are unable to provide NHS prescriptions and no prescriptions will be covered by any Bupa health insurance policy. Therefore all prescriptions are provided privately, and you will have to pay for them.

    We do not dispense or supply any medicines. The App may enable you to:

    • a. ask us to send your prescription to a pharmacy near you, for you to collect during normal opening hours; or
    • b. ask that one of the pharmacies we work with fulfils the prescription and delivers the prescribed items to you.

    If you choose to collect your own prescribed medication and have the prescription sent to your address, we will use reasonable efforts to send to your address a prescription which should be acceptable in a recognised pharmacy.

    If you choose to have your prescription sent to a pharmacy that is near to you, we will make reasonable attempts contact your chosen pharmacy and have the prescription sent there within two hours.

    We will use reasonable efforts to deliver the prescription to your device or to a nearby pharmacy promptly but we are not connected with and have no control over any individual pharmacy, their policies for accepting prescriptions, pharmacy opening hours or availability of medicines prescribed. There are a number of factors which may affect which pharmacy is chosen and there can be no guarantee that a pharmacy to which the prescription is delivered (if that option is chosen) will be the nearest pharmacy.

    If you choose to order your prescription medication for delivery to you, it will be despatched by one of the dispensing chemists Babylon works with. The terms of delivery are as follows:

    • a. we will use reasonable endeavours to make sure that your prescribed medication is processed and despatched within four working days where the medication is in stock;
    • b. the delivery time following despatch should typically be no longer than three working days but please note that delivery to remote locations or internationally may take longer;
    • c. delivery fees are displayed by the App at the time of ordering;
    • d. delivery will be by express delivery where possible;
    • e. prescribed medications are personal to the individual for whom they are intended and therefore cannot be returned. We are unable to give refunds for prescribed medications once the order is placed;
    • f. terms of delivery are set by the dispensing chemists we work with;
    • g. we or the dispensing chemist may refuse to fulfil an order where it considers the order not to be in the best interests of the person for whom it is intended, or who has ordered it, or where it may be illegal or contrary to any regulation or guideline;
    • h. if no one is available to take delivery of the order when delivery is first attempted, delivery may be delayed and/or the recipient may have to follow the procedures of the despatch company to collect the order, including picking it up from a depot.

    The dispensing chemists are not part of the Bupa group or Babylon. When you order medication, you will automatically have a separate legal arrangement with the dispensing chemist, which includes consumer law protections, for the actual provision of the medication. On that basis we are not responsible for the acts and omissions of the dispensing chemist.

  • How we provide medical testing services.

    The App can be used to order certain medical tests ("Tests"). These services are provided by a laboratory with which Babylon has agreed to work with.

    The laboratory is separate from the Bupa group and Babylon. When you order the test, you will automatically have a separate legal arrangement with the laboratory, which includes consumer law protections, for the actual provision of the tests. On that basis we are not responsible for the acts or omissions of the laboratory.

    By ordering any Tests, you agree to follow any instructions for the Tests including the booking and administration of Tests, receipt and provision of Test materials and samples (including delivery by post or attendance in person at Test facilities) and payment.

    The App may enable you to do the following, subject to a range of factors including the nature of the relevant Test, your location and the availability of laboratories:

    • a. request the despatch, by post, of a Test to be carried out by you and returned to the laboratory by post, with the results then analysed, sent to us and delivered to you through the App;
    • b. arrange an appointment to attend a Test centre for the Test to be carried out, the results to be sent to us and delivered to you through the App;
    • c. contact a Test centre, to enable you to arrange for a Test to be carried out independently and have the results sent to us to be delivered to you through the App.

    It is important to note that before test results are made available to you by the App, you may be asked to have and pay for an additional consultation with a healthcare professional.

    The prices will be displayed by the App and you will be asked to agree to those at the time of ordering. Certain pathology services (for example, if you elect to contact a Test centre to undertake a Test independently) may result in charges on top of those listed by the App, which will be payable by you.

    If when you use the App, you choose to order your Test for delivery to you and to carry it out yourself, it will be despatched by one of the laboratories we work with. The terms of delivery shall be as follows:

    • a. we will use reasonable endeavours to make sure that your Test is processed and despatch of within three working days if the Test is in stock;
    • b. the delivery time following despatch should typically be no longer than three working days but please note that delivery to remote locations or internationally may take longer;
    • c. prices and delivery fees are displayed within the App at the time of the order;
    • d. delivery will be either by express delivery or refrigerated express delivery depending on the Test;
    • e. Tests are personal to the person for whom they are intended and therefore cannot be returned and we are unable to give refunds for Tests once the order is placed;
    • f. orders may be subject to a minimum price which is displayed in the App;
    • g. we or our partner laboratory may refuse to fulfil an order where we consider the order not to be in the best interests of the person for whom it is intended, or who has ordered it, or where it may be illegal or contrary to any regulation or guideline;
    • h. if no one is available to take delivery of the order when delivery is first attempted, delivery may be delayed and/or the recipient may have to follow the procedures of the despatch company to collect the order, including picking it up from a depot.

    Processing time for a returned Test will vary depending on the Test but we will use reasonable endeavours to make sure that the laboratory analyses the Test and returns results within 14 working days. Results will be delivered to you through the App and you explicitly consent to that by ordering through the App.

    Tests to be administered at a drop in Test centre will be subject to the terms and conditions of that centre and the opening hours of that centre.

    If you choose to arrange an appointment for the Test to be carried out at a Test centre, or to contact a Test centre to arrange to have a Test carried out independently, then we shall use reasonable efforts to assist you but cannot guarantee the availability of the services at the Test centre and we are not responsible for the acts or omissions of the Test centre.

    We will use reasonable efforts to process any orders for Test Services within two working days and the time limits set out above start running from the end of that processing period.

    It may not be appropriate for some Tests to be self-administered, in which case they may not be available for delivery and must be conducted by a registered medical professional or nurse.

    You cannot order Tests from anywhere outside the United Kingdom, or to be delivered outside the United Kingdom.

  • What our Monitoring service does and when you should not use it.

    The App is able to display your clinical investigation results, other clinical information and other fitness and wellness related information (which we refer to as "Monitoring").

    Information may be input into the App for Monitoring:

    • a. manually by you;
    • b. through third party devices or information streams which connect with the App; and/or
    • c. via information received from other parts of the App, for example as a result of having a Test, prescription or a consultation.

    Monitoring enables the display of information only and is limited to the receipt of information from the sources above. It does not give diagnostic or other advice or recommendations and does not give a complete or up-to-date record of your health at any given time.

    It is your responsibility to update the information stored for Monitoring and to ensure that it is current and up-to-date. We do not update or monitor the information in your account nor accept responsibility for ensuring that all activity through the App is logged for Monitoring.

    Monitoring may use information feeds from third party providers, including third party providers to which you give access. The App sets out which third party devices and information streams can be synced with the App for Monitoring. We may vary which devices and information streams can be synced with the App from time to time. We make no guarantee that any particular information feed will be available or available at a particular time. .Some information feeds may need your permission before you can access them through the App, and we will have access to and may store information feeds and information which you allow the App to access.

    Monitoring services are not a medical device nor should they be used for diagnosis or treatment of any condition. It is intended as an information aid only.

    Monitoring may display certain information relating to you taken from information stored for you (for example, body mass index) and recognised guidelines. You should note however that any such display or information provided is based on generic data and assumptions, and is not designed to be and may not be used for personalised advice. It will also be based on a number of assumptions that may or may not be accurate or applicable to you. Monitoring information is intended for information purposes only, to support the user's general lifestyle and wellbeing objectives. It should be treated as a general guide. The information displayed may not be accurate or complete and should not be regarded as medical data or clinical information. Monitoring information is not intended to cure, treat, prevent or mitigate any condition, or warn/forewarn of any condition and should therefore never be used as a substitute for personal professional medical care, advice and /or diagnosis. We are not responsible for any action or omission that you may take based on, in connection with, or in reliance upon any information shown in Monitoring.

  • Other limitations and restrictions on the use of services.

    We are unable to guarantee the availability of any particular healthcare professional at any particular time. We will do what we can to arrange a consultation with a healthcare professional as soon as possible, but cannot guarantee to offer consultations within a particular time. Consultations are generally limited to 10 minute durations (with general practitioners and nurses) and 20 minutes (with specialist clinicians).

    If you choose to submit details about your symptoms in the App, the information displayed is o general healthcare information and not personalised health advice for you. It is important to read the FAQs before using the App so that you can assess whether it is suitable to use the services based on your symptoms. Where the information returned recommends that you seek further medical advice, you acknowledge that you are responsible for seeking such advice from your GP or other medical professional.

    Healthcare professional may hold different clinical opinions on the same medical condition or symptoms and provided these opinions are reasonably held, the fact that two or more healthcare professionals give different opinions in the course of service provision does not necessarily indicate that our services are defective.

    We will not tolerate abuse or offensive behaviour towards healthcare professionals.

    Our services are designed to be accessed remotely by any of our customers, and are not designed for non-English speakers, for unreasonably excessive use time-wasting (such as unreasonable cancellation of appointments) or inappropriate use.

    We may need to ask you for certain personal information so that we can offer our services. If you do not provide this information when requested, we may be unable to provide our services.

    The App has not been developed to meet your individual requirements, and so you are responsible for ensuring that the facilities and functions of the App meet your requirements.

    The App is not a medical device. While certain information controlled, generated by, displayed within or stored in the App (including, without limitation, by the ‘Monitoring feature') may be helpful in providing warning of certain medical or health conditions or circumstances, the App is not designed, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition.

    We may suspend your access to services or close your account with us if your use of services breaches any of these terms.

  • How to access our services, and limitations and other terms concerning access.

    Our services are accessed remotely using the internet, data networks and devices which can access the internet (which we refer to as "Infrastructure") and operate the App. We make the App available for access using Infrastructure, but are not responsible for Infrastructure ourselves. If you wish to use the services, you should ensure you have an internet-enabled device and a sufficient internet connection available.

    Technical requirements for using the App are detailed at section 6.

    Technical or security threats or issues affecting the Infrastructure may require us to suspend our services in order to ensure they are secure and/or operating optimally. We will minimise these suspensions, but are unable to refund charges or compensate you if they occur, unless they exceed 30 days in total in any 12 month period, in which event you may cancel your agreement with us.

    When you use the App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices, alerts, prompts, information fields or other information through the App.

    We operate anti-virus and malicious software prevention measures on our App, but we cannot guarantee that our services will always be virus-free. You should ensure that the device you use to access services is protected against viruses and malicious software. You must not use or expose the App to virus or malicious software contamination.

    You must not attempt to gain unauthorised access to the services or the App. Installation of the App on a device that has had its operating system compromised by the process of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and may result in the security of your personal data being compromised.

  • What happens if we change these terms?

    We may need to change these terms sometimes: for example, when the rules regulating our services change, in order to ensure that our services are secure and your information is safe, or when we update or modify our services or our charges. If we make a change to these terms we will let you know about the change by email and/or when you next access the App.

  • How we use your information.

    We use the personal information you give us when using of the App, to:

    • a. provide the App and our services;
    • b. communicate with healthcare professionals, other medical practitioners, dispensing chemists, partner pathology (testing) providers, and suppliers or subcontractors of Products, where necessary in order to provide our services;
    • c. take your payments to us;
    • d. review and improve the quality of the services, including making sure we follow clinical care standards;
    • e. fulfil our obligations to the regulators of our services and healthcare professionals, including the General Medical Council and the Care Quality Commission, or as otherwise required by law or regulation;
    • f. where you request it or have otherwise consented, provide it to your insurers who may contribute to the cost of the Products or Services you ask to use;
    • g. provide information to your other healthcare providers;
    • h. if you are covered by a Bupa health insurance policy, for Bupa to pre-authorise an appointment you have requested with a consultant;
    • i. analyse trends in use of the App and healthcare pathway costs; and
    • j. detect fraud.

    This is in addition to our use of your personal information in relation to any other Bupa services you may receive.

    We only use your personal information in accordance with the Privacy Policy. For details, please see the Privacy Policy. Please take the time to read it, as it includes important terms that apply to you and are part of these terms.

    We will not give your personal information to any other persons or use it for any other purpose except as set out in these terms and in the Privacy Policy.

    We may use anonymous information for purposes including research.

    We use a third party to process payments and refunds. We do not store your credit card details, they are stored securely with a third party in case payment is needed for future purchases or shortfalls in any payments to us.

  • How the App uses your information.

    You agree to Babylon and Bupa collecting and using technical information gathered by the App in order to improve our products and the services provided to you.

    Certain services may use the location information sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on your device. If you use these services, you consent to our transmission, collection, maintenance, processing and use of your location information and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your device.

  • We record consultations – this section explains why.

    Authorised members of our clinical team may use consultation recordings to audit and monitor quality of the services.

    We may record consultations, activity and information inputted in the App so that we can provide our services, ensure the quality of the services we provide, and give you access to recordings when you use our services.

    You may view consultation recordings in the App for your own private purposes for as long as we keep a copy of the recording on our secure servers, and you may show them to any other medical professionals who is supporting your care.

    Consultation recordings should not be published on social media or any other media sharing platforms. If you breach this term, we may suspend your access to the services, close your account and may take legal action against you.

    If Bupa replaces Babylon as the App clinical service provider, your consultation recordings will be transferred to the new service provider Bupa engages to provide the replacement App.

  • Sometimes you will not be able to receive services due to events outside our control – this section explains what happens in this instance.

    We may not be able to provide our services if they are affected by events outside our control. We are not responsible to you if this happens but if it does, we will let you know as soon as we can and take the steps that we reasonably can to minimise the interruption to our services.

    If there is the risk of a delay of more than two weeks to service performance, you may cancel your agreement with us (and we may do the same).

  • This section only applies if you are paying us directly for our services. It does not apply if you are receiving the services as an employment benefit or as part of another service you are receiving from another Bupa service.

    How we calculate the price you pay us for our services and how you pay us for the services .

    The price of our services will be set out in the App at the time you buy those services (referred to as our "Charges"). Our prices may change at any time, but price changes will not affect any services that you have already ordered.

    We will usually charge or invoice you for services at the time you order them. Any amounts charged or invoiced should be paid on receipt of our invoice unless otherwise specified in these terms or the App.

    You can pay for services using a credit or debit card.

    Subscriptions available within the App are monthly or annual subscriptions (which we refer to as "Subscriptions"), payable up-front in advance. For your convenience, we will also display a price per month for an annual subscription.

    Subscriptions will automatically renew and we will take payment at the end of each monthly or annual subscription period (as applicable), unless you cancel the Subscription prior to the end of the relevant subscription period. We may suspend our provision of services if you do not pay any of our Charges on time. For annual subscriptions, we will give you at least [30 days] notice before your Subscription is due to expire, to give you the chance to cancel it.

    Insurance claims

    Some services, such as remote appointments with a consultant, may be covered by your health insurance policy (if you have one) with Bupa or another insurer. Please note that Bupa health insurance policies do not cover any of the test services that you can arrange via the App.

    If any services is covered by your Bupa health insurance policy and you request it, we will use reasonable endeavours to process your Bupa insurance claims directly on your behalf. You will still need to contact Bupa insurance (using the contact details in your policy) to obtain a pre-authorisation number for the treatment. We cannot settle any claims on your behalf without this pre-authorisation number and without it you will have to pay for the service instead.

    If you have a health insurance policy with another insurer, you request it, we will use reasonable endeavours to process your insurance claims directly with the insurer on your behalf. You will need to have provided us with correct and sufficient insurance details including a pre- authorisation number for the relevant treatment.

    You will need to check with your insurer that they authorise the use of virtual consultations. It is your responsibility to confirm that the service is covered by your insurance, and to obtain a pre-authorisation number for our services by contacting Bupa or your other health insurer using the contact details for pre-authorisations. We are not responsible for this pre-authorisation or verification. If we do not have the right information, this will prevent us receiving payments from Bupa or your other insurer, and so may result in you being required to pay instead.

  • Because these terms are part of a binding legal agreement, we must compensate you for loss you suffer if our service does not comply with these terms. However, we do not compensate you for all losses. This section is important as it explains those things.

    If we break any of these terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking these terms.

    We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these terms.

    We are responsible for compensating you for personal injury or death caused by our negligence or that of our healthcare professionals or employees, and for defective products where we are legally responsible for their supply.

    If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content.

    We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our use instructions or advice in these terms.

    We supply the services for private personal use and we are not responsible for any business losses you may suffer arising out of the use of the services.

    We design our services and the App to keep your personal health information secure and it is important that you follow the use instructions and advice in these terms to keep your information safe. We are not liable for loss or unauthorised access to your information where it results from you not following these use instructions and advice.

  • The basis on which you use our App and services

    We or our licensors own copyright and other intellectual property rights in the App, our services and their content, including recordings of consultations (which we refer to as "Our IPR").

    You are permitted to use Our IPR to receive our services, store it on your device and print copies of it for your personal use. You may share material containing Our IPR with your GP or another medical professional. You are not permitted to copy, distribute or make any business use of Our IPR. You must not remove or obscure any notices regarding Our IPR.

    The Bupa and Babylon trade marks, logo, combined trade marks and logo and other trade marks indicated in our App are trade marks of Bupa and Babylon or their affiliates in the United Kingdom and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks of other businesses or Babylon's affiliates.

  • You are allowed to use the App but not copy it or distribute it.

    We grant you a limited licence to access and make personal use of the App and not to modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; or any use of information mining, robots, or similar data gathering and extraction tools.

    The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorised use ends the permission or licence granted by us.

    You may not use any logo or other proprietary graphic or trademark of Bupa, Babylon, or our affiliates without our or our licensors (as applicable) express written permission.

    The App or any service may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement about your use of any Third-party Sites, including the purchase and use of any products or services available through them.

    If any open-source software is included in the App, the terms of an open-source licence may override some of the terms set out in this section.

  • If you are receiving access to the App as part of another Bupa group service or as an employment benefit and you do not pay us separately for the App this section does not apply to you. Your cancellation rights will be set out in the terms and conditions for the primary Bupa service you are receiving or the terms of your employment benefits.

    You have certain rights to cancel your agreement with us, which this section explains.

    You may cancel your agreement with us and your Subscription within 14 days of the day on which you receive your first receipt (which we refer to as our "Cancellation Period"). We will refund your subscription fee to you within 14 days of the day on which we receive your cancellation notice. However if you use the App to receive the Subscription services within the Cancellation Period and you subsequently choose to cancel the Subscription services within that Cancellation Period, then we may reduce the amount of any refund to recover the cost of:

    • a. any services which we have already begun to perform (such as appointments booked with healthcare professionals);
    • b. digital products after you have started to download them; or
    • c. products sealed for health reasons, once unsealed.

    You may end your agreement with us at any time:

    • a. if the services are unavailable for reasons outside our control as set out in section 19 or for technical reasons as set out in section 14;
    • b. you do not like a change we propose to make to these terms under section 15;
    • c. If we have failed to fix or re-perform services not provided to the standards set out in section 4
    • d. for any reason on at least 30 days' notice, to be effective on the date your next Subscription payment is due.

    If you end your agreement with us under the above paragraph and you have a Subscription, we will refund any pre-paid Charges for the remaining complete months of the Subscription period at the time our agreement with you ends.

    If you want to cancel your agreement under this section, you must give us notice, you can contact us using our contact details.

  • Bupa may end the agreement with you:

    • a. if the services are unavailable for reasons outside our control as set out in section 19;
    • b. if you do not pay us any Charges on time;
    • c. if you do not comply with the conditions on use of services set out in sections 8 and 9;
    • d. if you break any other term of this agreement and do not make good that break within seven days of when we ask you.

    If you receive this App as part of a package of Bupa group services or as an employment benefit, your access to the App will cease when the other services or the employment benefit ceases.

    In any event we may end this agreement with you on at least 30 days' notice. If you have a Subscription, we will refund the appropriate proportion of any pre-paid Charges for the remaining complete months of the Subscription period at the time our agreement with you ends.

  • What happens if you have a complaint about our services or you disagree with us about anything to do with these terms.

    You can always give us feedback on our services by contacting us.

    If you have a complaint about our services, we would like to resolve it as soon as possible. Please let us know about your complaint as soon as you can so that we can do this.

    If you wish to make a formal complaint about our services, you should do so as soon as possible. We set out below whether it is Bupa or Babylon you should complain to, but you can contact either of us and we will direct you to the appropriate person.

    Bupa Complaints

    If your complaint is related to your insurance policy or the purchase of the App, please contact Bupa.

    We may ask you for certain details about you and your complaint so that we can address it. Please give us these details as soon as you can so that we can resolve your complaint quickly.

    If we cannot resolve your complaint immediately we will write to you within five working days to acknowledge receipt of your complaint. We will then continue to investigate your complaint and aim to send you our full written final decision within 15 working days. If we are unable to resolve your complaint within 15 working days, we will write to you to confirm that we are still investigating your complaint. Within eight weeks of receiving your complaint we will either send you a full written final decision detailing the results of our investigation or send you a letter advising that we have been unable to complete the review of your complaint.

    Babylon Complaints

    If your complaint is regarding a technical issue with the operation of the App, healthcare assessments, consultations, healthcare information, access to diagnostic tests and kits, and healthcare products provided using the App, please contact Babylon at email support@babylonhealth.com who will deal with such complaints on our behalf.

    Our healthcare professionals are registered healthcare professionals, and Babylon will handle your complaint on our behalf in an appropriate way, as they are required to by the professional rules applying to the healthcare professionals and to their remote clinical services and following their Complaints Procedure.

    Babylon will let you know the outcome of their investigation into your complaint and give you the chance to discuss it with them. If Babylon has done something wrong, they will apologise to you.

    If any disagreement between you and Babylon arises in connection with these terms, they will attempt to resolve it by discussing it with you.

    Escalation

    If we or Babylon (on our behalf) have not resolved a disagreement about these terms, or a complaint about our services, either you or Bupa can refer the dispute to mediation in accordance with the Centre for Effective Dispute Resolution's independent mediation scheme for patients (see www.cedr.com/consumer/healthcare/mediation/introduction).

    You may also submit a disagreement with us for online resolution to the European Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr (or search "odr Europe").

    These Terms are governed by English and Welsh law. You can make a claim relating to our services in English or Welsh courts. If you are a resident of Northern Ireland you may also make a claim in Northern Ireland's courts and if you are a resident of Scotland, you make a claim in Scotland's courts.

  • Other provisions explaining how we may exercise our rights under these terms.

    Bupa may transfer its rights and obligations under these terms to another organisation, but we will always notify you in writing if this happens, and this will not affect your rights under these terms.

    As our services are personalised, you may only transfer your rights or your obligations under these terms to another person if we agree.

    The agreement for our services is between you and us, and no-one else. Only you can enforce that agreement (although a parent or guardian may enforce their agreement on behalf of a person aged under 18 whose use of our services is allowed under section 8).

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