Terms and Conditions
Dr Loxley (“HP”/”We”/”Our”/”Us”) is a service operated by Dr Loxley Ltd, an English company, with company registration number 13490017 and whose registered address is 4th Floor Fitzrovia House, 153-157 Cleveland Street, London, England, W1T 6QW
By using our website, you agree to comply with and be legally bound by these terms and conditions of service (“Terms”).
We reserve the right to update these Terms at any time. If we amend the Terms we will inform you of any changes, by publishing the amended version on our Website Dr Loxley and such amended version of the Terms will thereafter govern the relationship between us and all Users. Your continued use of Dr Loxley after such changes have been made shall treated as your agreement to be bound by the amended Terms.
1.1 For the purpose of these Terms, the following words shall have the meanings set out alongside them:
“Case Review”: a review by a relevant Healthcare Specialist (or Specialists) of a Patient’s relevant medical history, scans and other information supplied
“Clinical Programme”: a clinical treatment approach recommended and supplied by a Healthcare Specialist
“Consultation”: communication with a Healthcare Specialist, via video call, in person, telephone or any other means agreed between a Healthcare Specialist and a Patient
“Healthcare Specialist”: an individual medical practitioner or organisation providing medical advice or other medical services whose details are listed on the HealthPath website
“Patient”: a User who has engaged to receive medical advice from a Healthcare Specialist
“Services”: Case Reviews, Consultations and Clinical Programmes
“User/You/Your”: a User of the Dr Loxley services in general
“Website”: the Dr Loxley website, the current address for which is http://www.thecloudhospital.com, or any replacement for such website.
2. ABOUT Dr Loxley
2.1 Dr Loxley is a facility which enables Users to:
2.1.1 view information about medical specialists and resources;
2.1.2 request one or more of the Services;
2.1.3 authorise us to take payment from the User for a Service or Services on behalf of the relevant Healthcare Specialist or Specialists; and
2.1.4 receive and review personal medical records, translate such records and share them with selected Healthcare Specialists.
2.2 Details of which Healthcare Specialists have signed up to enable Dr Loxley to offer information and booking services on their behalf can be found at our Website. The Healthcare Specialists may change from to time. Where we can reasonably provide advance notice of any such change we will do so, but some changes may occur without any notice.
2.3 We act as a broker to facilitate communication and payment between Users and Healthcare Specialists and provide support related to these activities. Any contract for a Clinical Programme is entered into between the relevant User and the relevant Healthcare Specialist and is subject to contract directly between the principal parties. Users should ensure that they read and understand such terms before making proceeding with a Clinical Programme.
2.4 Although we strive to ensure the accuracy of the information on or available through the Website, neither we nor our affiliates, suppliers or agents can be held responsible by you for the accuracy of such information where that information has been provided to us by third parties (such as Healthcare Specialists). It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on or available through the Website.
2.5 We will use reasonable endeavours to ensure that the Website is available 24/7 all year round but, provided that we do so, shall not be liable if it is not available for any reason.
2.6 We may change the features of the Website or the Dr Loxley offering in general from time to time. Details of any such changes will be notified on the Website at the relevant time.
2.7 Users should direct any questions, complaints or comments regarding HealthPath to email@example.com. Questions, complaints or comments about a particular Clinical Programme should be referred to the relevant Healthcare Specialist. We will forward details of complaints we receive about a Clinical Programme to the applicable Healthcare Specialist.
3.1 Payment for Services must be made in advance
3.2 We collect payment for Services (including any applicable VAT or similar sales taxes) as agent for the relevant Healthcare Specialist(s). Payments will be collected in the currency selected during the booking process. Users should note that fees may be charged by their bank or card issuer on transactions made in a currency other than the normal currency for that card.
4. USER REQUIREMENTS
4.1 Anyone may use the Dr Loxley Website subject to their agreement with these terms and compliance with applicable local laws.
4.2 You warrant that any information you provide is complete and accurate at the time of submission.
4.3 All Users must cooperate with and assist us in good faith (including responding promptly to communications), and provide us with such information and take such actions as may be reasonably requested by us in connection with any complaints, claims, charges or notices relating to a Healthcare Specialist.
4.4 We reserve the right to suspend or terminate your access to and use of Dr Loxley if you fail to comply with these Terms.
5. RESPONSIBILITIES OF USERS
5.1 Use of the Dr Loxley Services is personal to the User. You must not permit any other person to use the Dr Loxley Website using your credentials.
5.2 In requesting a Service Users must supply accurate information to ensure that subsequent advice is appropriate.
6. PERSONAL INFORMATION
6.2 We will share certain personal information of a User with one or more Healthcare Specialist for the purposes of performing the Services. The specific information that we share may vary but will include personal medical records shared with us and personal identification information.
6.3 We may also share a User’s personal information with the providers of commercially available databases to assist in the validation of the information provided by the User.
6.4 We will share a User’s personal information with the police in response to reasonable requests (as determined by us in our sole discretion) or if compelled by a court or other competent authority.
7.1 You may terminate your use of the Dr Loxley services at any time.
7.2 We may terminate your use of Dr Loxley services at any time unless you are a Patient in which case we may suspend your use of the Website and/or Services if:
7.2.1 you materially or persistently fail to comply with these Terms;
7.2.2 if payment in respect to any Service fails, is not made or is subject to a charge back or other reversal; and/or
7.2.3 required to by a Healthcare Specialist, provided that in all such cases we will promptly notify you of such suspension. If the reason for suspension remains unresolved within 30 days of initiating such suspension, we may terminate this agreement
8. LIMITATION OF LIABILITY
8.1 These Terms set out the commitments and any warranties we give in respect of Dr Loxley services. We do not make or give any warranty, representation, condition or other term as to functionality, performance or availability of the Dr Loxley Website (whether arising by statute, contract or otherwise) other than those set out in these Terms and, to the fullest extent permissible under law, we exclude any such warranties, representations, conditions or other terms. This shall not affect your statutory rights if you are a consumer.
8.2 This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to each User for:
8.2.1 any breach of these Terms; and
8.2.2 any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
8.3 We shall not under any circumstances be liable to a User for any:
8.3.1 losses that are not foreseeable to both us and the relevant User;
8.3.2 any losses that were not caused by any breach of these Terms by us;
8.3.3 where the User is using HealthPath on behalf of or in the course of a business, loss of profit, goodwill or business or special, indirect or consequential loss.
8.4 Nothing in these Terms shall limit or exclude our liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability that cannot be limited or excluded by law.
8.5 Subject to Clauses 8.1 and 8.4, our total liability to you for any breach of these Terms shall not exceed £100.
9. GOVERNING LAW
These Terms shall be governed by and construed in accordance with English law and we and each User agrees to submit any dispute in relation to these Terms (whether contractual or non-contractual) to the exclusive jurisdiction of the courts of England.
10.1 Any notice or other communication given to us in connection with these Terms should be sent by email to firstname.lastname@example.org, or by post to: Dr Loxley Ltd, 4th Floor Fitzrovia House, 153-157 Cleveland Street, London, England, W1T 6QW.
10.2 The invalidity, unenforceability or illegality of any provision (or part of a provision) of this agreement shall not affect the validity, enforceability or legality of the other provisions. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
10.3 Any delay or failure to exercise any right or remedy under these Terms shall not be construed as a waiver of that right or remedy or any other right or remedy, and no partial or single exercise of a right or remedy under this agreement will prevent any further exercise of that right or remedy or any other right or remedy.
10.4 These Terms are for the benefit of us and the Users and no third party shall have the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Version 1.3 08 July 2021