Terms of Use

Please read these terms of use carefully before using Bluezone

Bluezone” is operated by Bluezone Health Ltd, registered in England and Wales (company number 09709264) with a registered office at 39 Berwyn Road, Richmond upon Thames, Surrey TW10 5BU (“we“, “our” or “us”).

Bluezone facilitates access for members (“you”), to a healthcare service provided by UK General Medical Council registered hospital specialists engaged directly by us (“Consultants”). Bluezone provides you with direct real-time online access to Consultants, via instant messaging, video and audio call functions. During an online consultation, the relevant Consultant may deem it necessary to make direct arrangements for you to have tests, investigations or procedures, arrange to see you for a face-to-face consultation or refer you to see a third party medical specialist. The Consultant may also issue a prescription to be dispensed by a pharmacy.

CONSULTANTS WORKING FOR BLUEZONE ARE NOT PERMITTED TO PROVIDE MEDICAL ADVICE UNDER ANY CIRCUMSTANCES WHERE THE LAW OF ANY OTHER JURISDICTION WOULD GOVERN THE USE OF BLUEZONE.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU USE BLUEZONE OUTSIDE OF THE UNITED KINGDOM, YOU DO SO AT YOUR OWN RISK.

Acceptance to these terms

These terms of use apply to your access to, and use of, Bluezone through any website or app based service that we operate.

Please read these terms of use carefully. By accessing and using Bluezone you agree to comply with these terms of use. If you do not agree with these terms of use you are not authorised to access or use Bluezone.

We reserve the right to amend these terms of use from time to time but will endeavour to notify you of any material changes prior to them being implemented. In any event, on each occasion that you use Bluezone, we advise you to check these terms of use to ensure you understand the terms which apply at that time and if you do not agree with any revised terms you must cease using the Bluezone service.

In order to access Bluezone, you warrant that you are at least 16 years of age. You agree to accept these terms of use for and on behalf of any minor for whom you are a parent or legal guardian and who requires access to the Bluezone service.

Bluezone is not available for life threatening or certain other conditions

Bluezone is not available for use in connection with critical or life-threatening conditions. You must call 999 and use the NHS emergency healthcare service if you believe that you require medical advice or treatment in respect of any critical, eye, limb or life threatening conditions (for example, you have difficulty breathing, you have severe bleeding which cannot be stopped, you experience loss of consciousness, or you believe you might be having a heart attack or stroke). The relevant Consultant has the right and the absolute discretion to direct you to the NHS emergency healthcare service if you access Bluezone and present with one of these conditions or with any other condition.

Service availability

You acknowledge and agree that we have limited resources to provide services through Bluezone and on such basis, we are unable to offer unlimited access to, or the unlimited availability of, such services. In particular, you acknowledge and agree that the services provided through Bluezone will be allocated on a ‘first come first served’ basis. If the relevant services required by you at the time of request are, at such time, already in use by other Bluezone members, we shall use our reasonable endeavours to meet your request but shall have no absolute obligation to do so nor any obligation to do so beyond the use of our reasonable endeavours.

You acknowledge and agree that we have absolute discretion as to whether or not to provide services through Bluezone (or any of them) at any given time and/or the extent of the services which may be provided.

Limited warranty

We warrant that each Consultant is a qualified doctor holding a specialist registration with the UK General Medical Council in the field of “Emergency Medicine”. We also warrant that each Consultant will have in place professional indemnity insurance to cover the delivery of their medical services.

Save to the extent that it is unlawful to do so, we expressly exclude all other warranties, whether express or implied, and all other conditions, representations or other terms that may apply to Bluezone, including, without limitation, that:

  1. use of Bluezone is acceptable in locations outside of the United Kingdom;
  2. the views and advice provided by Consultants (and any third party healthcare providers to whom you are referred) are correct or are endorsed or supported by us;
  3. video/audio or instant messaging consultations are the best method for assessing your medical needs or for you to access advice, or that Bluezone is a substitute for your primary healthcare provider;
  4. Bluezone will be free from errors, bugs or viruses;
  5. any information or content contained on Bluezone will be accurate or up to date;
  6. any links from Bluezone to other websites and resources provided by third parties contain accurate information or information that has been approved by us; or
  7. Bluezone or any function or content on it, will always be available or will be uninterrupted.

Disclaimer of liability

Nothing in these terms of use excludes or limits our liability to you to the extent that it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any of your statutory rights.

You acknowledge and agree that we, via the Bluezone service, are merely acting as a facilitator for the provision of immediate medical healthcare services by Consultants. You acknowledge and agree that when using Bluezone, the Consultants (and any third party healthcare providers to whom you are referred) are independent medical professionals who are individually responsible for the medical advice and treatment that they provide to you through Bluezone.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • any medical advice or treatment received from a Consultant or from any third party following a referral from a Consultant; or
  • your use of, or inability to use, Bluezone for any reason whatsoever, including where we have suspended, withdrawn or restricted the availability of all or any part of Bluezone for business and operational reasons, including to carry out maintenance (in this regard, we will endeavour to give you reasonable notice of any such suspension or withdrawal or restriction of access).

If Bluezone is temporarily suspended or not functioning correctly for whatever reason, you agree that it is your responsibility to seek alternative medical assistance (including by calling 999 in the case of an emergency) and neither we nor the Consultants will be liable to you for any such unavailability of the Bluezone service.

Suspension of access

To enable us to determine whether or not you are in compliance with these terms of use, we reserve the right to monitor your access to, and use of, Bluezone and the services being provided through Bluezone. We may, in our sole discretion, deny access to Bluezone or refuse to provide services to you if we determine, in our sole opinion, that you have, or we suspect you have, misused Bluezone or in respect of any actual, attempted or suspected breach of these terms of use.

We may also suspend all access to Bluezone or the provision of services through Bluezone at any time, in our absolute discretion.

Your right to cancel

Pursuant to the Consumer Contracts Regulations (2013), you are entitled to change your mind and cancel this contract within 30 days of taking out a membership subscription. We will refund the full fee if you have not used the service during that period. Otherwise no refunds are available. Your statutory rights are not affected. If you wish to exercise this right, you can email us (using our contact details set out below) or write to us (at our registered address) during this period, to confirm your wish to cancel the contract.

Circumstances outside of our control

We shall not be responsible, or liable in any way, if the supply of services delivered through Bluezone is delayed or prevented by any circumstances which are outside of our control. In such circumstances, we will endeavour to let you know as soon as is reasonably possible and will attempt to take any reasonable steps to minimise the effects of such circumstances.

Charges

Your online consultations with Consultants, as provided through Bluezone, are part of your membership. There are additional fees for face-to-face consultations.  In addition, you acknowledge and agree that if as a result of any consultation through Bluezone, it is necessary for you to have blood and lab tests, imaging, prescriptions, procedures or other investigations or treatments, these will be charged to your private medical insurance provider or where these are not covered by your insurance provider, you will be billed directly for these tests, procedures or treatments by the relevant hospital/healthcare facility.

Security of account details

You acknowledge and agree that your Bluezone login details are confidential and you are responsible for keeping these details secure. You also agree not to share these with any other person. If you know or suspect that anyone other than you knows your Bluezone login details, you must promptly notify us using the contact details listed below.

Minimum system requirements

In order for Bluezone to operate and function properly, we require you to have in place the following operating systems:

  • App requirements
  • iPhone: iPhone 4S or above running the latest supported version of iOS.
  • Android: Any device that runs Android iOS 7.0 or above.
  • Website
  • Safari 6 or above.
  • Internet Explorer 11 or above.
  • Google Chrome (latest).
  • Mozilla Firefox (latest or the immediately previous version).
  • Opera 12 or above.

In addition, you are responsible for configuring your information technology, computer programmes and platform to access Bluezone and you should use your own virus protection software.

Acceptable use

You agree not to, or attempt to, (or permit anyone else to, or attempt to):

  • transmit, or procure the sending of, any unsolicited advertising, marketing or promotional material through Bluezone;
  • modify or attempt to modify, any documentation created about you as a result of you using the Bluezone service;
  • use Bluezone for any unlawful purpose or in any unlawful manner;
  • impersonate any other person when using the Bluezone service;
  • allow any third party to use your account details for the purpose of receiving the Bluezone service;
  • undermine the security of the Bluezone systems in any way;
  • post or transmit any data or materials which are in any way false, misleading, offensive, abusive, defamatory, derogatory, obscene or explicit;
  • harvest or collect data about any other members of Bluezone;
  • translate, merge, adapt, vary, alter or modify, disassemble, de-compile, reverse engineer or create derivative works from, Bluezone or any part of the Bluezone systems;
  • introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful (or which may interfere with the Bluezone service in any way) or attack the Bluezone systems through a denial-of-service attack or a distributed denial-of service attack; or
  • use Bluezone in any way which might infringe our intellectual property rights or the intellectual property rights of any third party.

Access outside of the UK

Bluezone is suitable for use only for people residing in the United Kingdom. We give no representations or warranties that use of Bluezone is appropriate in locations outside of the United Kingdom or that such use will comply with local applicable laws. Use of Bluezone outside of the United Kingdom will be at your own risk.

Intellectual property

We retain all intellectual property rights in and to Bluezone and the Bluezone service (including in respect of the Bluezone logo and all rights in the Bluezone platform) and grant to you, for the period during which you are granted access to use Bluezone, a non-exclusive, non-transferable, temporary, licence to use Bluezone solely for personal use and for the purpose of you receiving the benefit of the Bluezone service.

Assignment

These terms of use are personal to you. If you wish to transfer your rights under these terms of use to any other person, you require our prior written consent.

We may transfer our rights and/or obligations to third parties without your prior written consent but we will endeavour to notify you in writing of any such transfer and will ensure that any such transfer does not detrimentally affect the service being offered to you.

Severability

If any provision of these terms of use is found to be unenforceable or illegal for any reason by any court or relevant authority, the remaining provisions will remain in full force and effect.

Governing law and disputes

These terms of use shall be governed by, and construed in accordance with, the laws of England.  Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim, dispute or matter (whether or not contractual in nature) arising under or in connection with these terms of use or your use of Bluezone. Each Party unconditionally and irrevocably waives any right which that party might otherwise have had to commence proceedings against the other party in any other court of competent jurisdiction.

In respect of any complaint about the Bluezone service, you should contact us immediately using the contact details listed below.

Contact us

If you have any queries in relation to these terms or your use of Bluezone, please contact us by email at contact@www.bluezonehealth.co.uk or in writing to Bluezone Health Ltd, 39 Berwyn Road, Richmond upon Thames, Surrey TW10 5BU.

Last updated November 2018