tapGP Website Terms and Conditions

1. Introduction
   • This website is owned and operated by TAP GP Limited. Our company information is at the end of this document.

• Please read these terms and conditions carefully. They replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. They are available in English only.

• These terms and conditions are a contract between you and us covering use of our website. Use of our app is subject to separate terms and conditions.

• Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession. 

2. Changing these terms and conditions
   • We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the new terms if you continue to use our website after the effective date shown.

3. Things you can’t do on our site
   • You agree not to do any of the following in connection with our website:
     • break the law or infringe anyone else’s rights;
     • use our website to help you compete with us or to infringe our rights;
     • use the service for any commercial purpose;
     • disrupt our website, e.g., spam, viruses or phishing;
     • interfere with or damage our website or gain unauthorised access to any part of our system, data, passwords or otherwise;
     • intercept or modify communications;
     • impose an unreasonable load on our website;
     • get around any security features including those designed to stop copying of content; or
     • attempt, encourage or assist any of the above.

4. Content on our site
   • We do not guarantee that any general guidance or similar information that we may make available on our website is accurate or up to date or relevant to you. You rely on it at your own risk.

• We are allowed (without telling you) to reject, suspend, alter, remove or delete content for any reason and to disclose to the police or other relevant authorities or to a complainant any content or behaviour provided we are legally permitted to do so.

5. Other peoples’ services / advertising / websites
   • We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk. 

6. Restrictions on our legal responsibility – very important
   • Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

• If you are a Consumer, we are not responsible for any loss or damage where:
  • there is no breach of a legal duty owed to you by us;
  • such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  • (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
  • such loss or damage relates to a business.

• If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.

• The following clauses apply only if you are a business:
  • In no event (including our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
  • You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
  • We shall have no liability of any kind for any losses or damage to the extent that they result from your breach of this agreement.
  • To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. 

7. Intellectual property rights
   • The intellectual property rights in all material used on or in connection with our website are owned by us or our suppliers, partners or other users. For your personal non-commercial use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or altering it or taking extracts from it without our specific prior written consent. 

• Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent. 

8. If our website doesn’t work properly
   • We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the website for repair, maintenance, improvement or other technical reason and (b) to make changes to our website.

9. Things we can’t control
   • We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

10. Your personal information – see our privacy policy
    • You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

11. English law and courts
    • These terms and conditions are covered by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

12. General but important information
    • We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. We may transfer this agreement to someone else but this will not affect your rights or obligations.  A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. 

13. Complaints
    • If you have any complaints, please contact us via the contact details shown below.

tapGP App Terms and Conditions

1. Who we are
   • We are TAP GP Limited. Our company information is at the end of this document. 

2. What this is all about
   • These are our terms and conditions which apply to our Service (explained below). They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you.

3. Important – emergencies
   • We do not provide an emergency service. If you need an emergency service, or are in doubt, please call 111 or 999.

4. Some definitions

THIS SECTION EXPLAINS WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT

• “ACP” – advanced care practitioner (such as a nurse, paramedic or pharmacist).
• “Advisory Service” – our medical advice and related services.
• “App” – the “tapGP” mobile application.
• “Clinician” – an ACP or GP.
• “Content” – all information of whatever kind displayed, stored or sent on or via our Service.
• “Service” – our App and Advisory Services.
• “Store” – the app distributor from which you download the App (e.g., Apple App Store, Google Play App Store).
• “Store Rules” – any applicable rules, policies or terms of the relevant Store.
• “User” – people or organisations using our Service (whether or not registered with us).

 How you enter a legal contract with us

THIS SECTION EXPLAINS HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US

• By downloading our App, you enter into a legal contract with us to use our Service.

• These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e., setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules. 

• Please note that there is no legal right to cancel the contract (“cooling off”) because our Service involves the supply of digital content.

6. Changing these terms and conditions

THIS SECTION EXPLAINS HOW AND WHEN WE CAN CHANGE THESE TERMS AND WHAT YOU CAN DO IF YOU DISAGREE

• We may change these terms and conditions by giving you at least 14 days’ notice. We will notify you by posting the new version on our website and, if the changes are important, by email, SMS and/or in-app message.

• The new terms will apply to any appointments that you book after the effective date of the change. If you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect.

7. Your right to use our Service

THIS SECTION EXPLAINS CERTAIN RESTRICTIONS THAT MAY MEAN YOU AREN’T ALLOWED TO USE OUR SERVICE

• We grant you a limited personal non-transferable right to use our App on any applicable device owned or controlled by you (only Apple-branded if you download our App from Apple) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.

• You must not register for our Service if:
  • you are based outside of England or Wales at the time of your appointment; or
  • you are below 16 years of age (unless you have the consent of, and only use the Service under the supervision of, your parent or guardian).

8. Your appointment

THIS SECTION SETS OUT YOUR BEHAVIOUR AND OTHER OBLIGATIONS IF YOU BOOK AN APPOINTMENT AND ALSO COVERS CANCELLATION/RESCHEDULING

Booking your appointment

• We do not promise that your appointment will be with any particular Clinician.
• We are entitled to cancel your appointment if you fail our identification check and this will be without refund if (a) there are repeated failures and we think you have behaved unreasonably or (b) you fail a visual ID check during the appointment. 

Cancelling or changing appointments

• You may cancel your booking at any time as explained on our Service. If so, there will be a full refund unless you cancel within 12 hours of the scheduled start time (or any alternative period stated on the App) in which case you will be charged in full.

• We are entitled to rearrange any appointment if there are exceptional circumstances, e.g., illness. If so, we will give you as much notice as possible and we will provide a full refund if we are unable to offer or agree with you a rescheduled appointment.

• We can switch an ACP to a GP appointment if we wish.

• If your appointment with us doesn’t take place for any reason, you are responsible for arranging suitable alternative advice (e.g., from your GP, 111 or visiting casualty). 

Attending your appointment

• All appointments take place via our App. Please enter the waiting room and following the instructions on our App.

• You are responsible for ensuring that you have appropriate connectivity and for complying with any other technical requirements needed to access the appointment.

• It is your responsibility to ensure that you arrive on time for your appointment. We allow a leeway of 10 minutes. If you arrive more than 10 minutes late (or any alternative period stated on the App), we are entitled to proceed as if you cancelled the appointment.

• We will take reasonable steps to be ready to start your appointment on time, but we cannot guarantee that this will happen, e.g., if the Clinician is delayed on a previous appointment.

• Appointments are scheduled to last a maximum 10 minutes (or any alternative period stated on the App). We are entitled to charge you extra if the appointment overruns (unless we are at fault). If so, we will first explain the basis of charging and get your agreement.

• Appointments are limited to one medical issue only.

Behaviour

• You agree to behave in a reasonable and civilised manner and not engage in any dangerous, disruptive, unlawful, abusive, aggressive, threatening, drunken, antisocial or other inappropriate behaviour.

• We reserve the right to immediately end any appointment if in our discretion you have breached these terms and conditions. No refunds will be given in such case.

General

• If you book for someone else to attend an appointment, you agree to ensure that they comply with this section and with any other relevant clauses in this document. You are responsible if they don’t.

9. Our Advisory Service

THIS SECTION INCLUDES SOME IMPORTANT RESTRICTIONS ON OUR ADVISORY SERVICE

• We agree to provide our Advisory Service with reasonable skill and care.

• You accept that our Advisory Service has certain limitations. For example, it is not suitable for advice on conditions that require face-to-face consultations and for certain complex/chronic conditions. Our service may involve referring or pointing you to other relevant services.

• Unless we otherwise agree in writing, we are not required to provide any advisory services outside of the appointment. 

• It is completely in our Clinician’s discretion whether to issue a prescription (and, if so, whether to prescribe any particular medication), a referral letter or a sick/fit note. Please note, sick notes cannot be used for social security or statutory pay purposes.

• If we issue a prescription or referral letter, we will take reasonable steps to ensure that it is appropriate based on our findings and the medical history you supply us, and to send it to the pharmacy or person to whom we are making the referral, but we are not responsible for supply or cost of the prescribed medication or referred service.

10. Behaviour when using our Service

THIS SECTION EXPLAINS THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE

• You agree not to do any of the following in connection with our Service:
  • break the law or infringe anyone else’s rights;
  • send unlawful, infringing or otherwise inappropriate Content;
  • victimise or harass other people;
  • use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
  • deceive or mislead anyone;
  • send Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are that person’s parent or guardian;
  • make recordings or screenshots of audio/video interactions without our prior written consent;
  • impersonate anyone;
  • use our Service to help you compete with us or to infringe our rights;
  • use our Service for any commercial purpose;
  • disrupt our Service, e.g., spam, viruses or phishing;
  • interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
  • intercept or modify communications;
  • impose an unreasonable load on our Service;
  • deliberately exploit any bugs found within our Service;
  • get around any security features including those designed to stop copying of Content; or
  • attempt, encourage or assist any of the above.

• You agree to:
  • comply with the guidance/requirements on our Service; and
  • cooperate reasonably with us in relation to our Service.

• You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.

11. Your Content

THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES

• You are responsible for your Content.

• You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.

• We are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect you, us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities (subject of course to taking appropriate steps to maintain confidentiality in accordance with professional medical obligations).

• It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for such loss or damage.

• Uninstalling the App may result in deletion of all Content on your device.

12. Other peoples’ services / advertising / websites

THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE

• We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

13. If you create an account on our Service

THIS SECTION TELLS YOU ABOUT OBLIGATIONS AND RESTRICTIONS THAT APPLY WHEN YOU SET UP AN ACCOUNT INCLUDING YOUR RESPONSIBILITY FOR OTHERS WHO USE YOUR ACCOUNT

• Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).

14. Paying us

THIS SECTION EXPLAINS ABOUT PAYMENT AND DISCOUNT CODES

• Payment is in advance. Prices, and payment methods are as explained on our Service.

• Certain of our services may be chargeable in addition to the appointment fee itself, for example to issue certain documents such as sick/fit notes or referral letters. If so, you agree to pay the relevant fee during the appointment when asked by the Clinician. If you do not, we are not required to issue the document.

• If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

• You must contact us immediately with full details if you dispute any payment.

• You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.

• We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

15. Support

THIS SECTION EXPLAINS IF WE OFFER SUPPORT AND, IF SO, ANY RESTRICTIONS THAT APPLY

• The Service includes support only if we specifically say so within the Service and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.

• You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.

16. Ending or suspending this contract

THIS SECTION EXPLAINS WHEN AND HOW YOU OR WE CAN END (OR SUSPEND) THE CONTRACT AND, IF SO, WHAT HAPPENS.

• You are entitled to end this contract at any time by deleting your account within the App and by uninstalling the App from all of your devices. (This doesn’t entitle you to a refund.)

• We are entitled to end this contract at any time or suspend part or all of our Service or impose restrictions on our Service if:
  • you break this contract;
  • you become bankrupt or go into liquidation or similar or become insolvent;
  • any fees payable by you are unpaid or unjustifiably charged back;
  • acting reasonably, we think that it is necessary to protect you, us or others;
  • we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
  • you or anyone on your behalf acts inappropriately towards us or our staff.

• We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.

• If this contract ends:
  • Your right to use our Service and all licences are terminated.
  • We are allowed to delete your Content without telling you.
  • Existing rights and liabilities are unaffected.
  • All clauses in this contract which are stated or intended to continue after termination will continue to apply.

17. If our Service doesn’t work properly

THIS SECTION EXPLAINS THAT WE DON’T PROMISE THAT OUR SERVICE WILL BE UNINTERRUPTED

• We do not guarantee that the Service will be uninterrupted or error-free. We are not responsible for any viruses/hacks/trojans/problems/errors arising from the App or our Service.

• We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason. For any planned maintenance we will try to provide reasonable notice.

• You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.

18. Compatibility of App

THIS SECTION EXPLAINS THAT WE DON’T GUARANTEE OUR APP IS OR WILL REMAIN COMPATIBLE WITH YOUR DEVICE

• We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.

19. Restrictions on our legal responsibility – very important

THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

• Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

• We shall not be liable for any loss or damage where:
  • there is no breach of a legal duty owed to you by us;
  • such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  • (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
  • such loss or damage relates to a business of yours.

• You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

20. Intellectual property rights (IP)

THIS SECTION EXPLAINS THAT YOU AND WE REMAIN OWNERS OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND HOW WE ALLOW EACH OTHER TO USE THE CONTENT

• We and/or our partners own the IP in all Content used on or in connection with our Service. You may view such material on your device for your personal, private and non-commercial use only. You must not otherwise use such material including copying, publishing (on the Internet or otherwise), selling or adapting it or taking extracts from it unless we specifically say so in writing (except to the extent specifically allowed by this agreement).   You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

• Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

• You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not alter or create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

21. Your personal information

THIS SECTION DIRECTS YOU TO OUR PRIVACY POLICY

• You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

22. Things we can’t control

THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

• We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

23. Transferring this contract to someone else

THIS SECTION EXPLAINS HOW WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE

• We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

24. English law and courts

THIS SECTION EXPLAINS WHICH COUNTRY’S LAW APPLIES AND WHERE YOU/WE HAVE TO GO TO COURT IF THERE IS A DISPUTE

• This contract is under English law and any disputes will be decided only by the English courts.

25. General

THIS SECTION CONTAINS SOME GENERAL INFORMATION ABOUT HOW THIS CONTRACT WORKS

• We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

26. Extra legal terms

THIS SECTION CONTAINS SOME ADDITIONAL LEGAL TERMS REQUIRED BY APPLE

• In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

• The following applies where Apple Inc is the Store:
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.

• We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.

• You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

• You agree that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

27. Complaints
    • If you have any complaints, please contact us via the contact details shown below.

28. Information about us
    • Company name: TAP GP Ltd.
    • Trading name: “tapGP”.
    • Country of incorporation: England and Wales.
    • Registered number: 12697509
    • Registered office: 6th Floor, Amp House, Dingwall Road, Croydon, United Kingdom, CR0 2LX.
    • Contact address: 6th Floor, Amp House, Dingwall Road, Croydon, United Kingdom, CR0 2LX.
    • Contact email address: info@tapgp.co.uk.
    • Other contact information: See our website/contact page.