Terms & Conditions
Introduction, definitions and use of Site
Please read these terms and conditions carefully before using the website www.ThanksDr.com (the “Site”) operated by Thanks Dr Ltd,
whose registered address is at Thanks Dr Ltd, The Meridian, 4 Copthall House, Station Square, Coventry, CV1 2FL and whose company number is 7027298 (“ Thanks Dr” or “We”, and references to “Us”, “Our” or “Ourselves”
shall be construed accordingly).
By accessing the Site or using the services provided by or through Thanks Dr you agree to be legally bound by these terms and conditions. They
(together with any order form and payment method instructions, if any) constitute the entire agreement between you and Thanks Dr and supersede and
replace any previous agreement(s) or terms and conditions which may have been in place.
We may alter these terms and conditions (including our fee structure) from time to time at Our discretion without notice and post the new version on
the Site, following which all use of and services provided by or through the Site will be governed by that version, or otherwise alter the Site from
time to time at Our discretion without notice. It is your responsibility to refer to the terms and conditions whenever using the Site to check for
updates. We are not responsible for informing you of any change in the terms and conditions.
If you do not wish to be bound by these terms and conditions then you may not use the Site or receive services from or through Us.
In these terms and conditions:
“Question” means any medical related question, query or request for information you may submit to be answered by a Doctor, including
(as the case may be) any directly and expressly connected follow-up questions, queries or requests for information you may submit in response to an
Answer received from a Doctor in connection with that initial question, query or request for information; and
“Answer” means the reply or (as the case may be) series of replies (including any information, advice, opinion or view therein) given
by a Doctor to your Question.
Doctors
References in these terms and conditions to a “Doctor” or “Doctors” mean the doctor or doctors with whom we have an
arrangement to review and answer Questions submitted through the Site. You understand that the Doctors do not work for Us, but are independent
professionals who wish to answer Questions submitted to or through the Site. We have used reasonable endeavours to satisfy Ourselves that each of these
Doctors is qualified to practice medicine in the UK and has been registered for at least 7 years with the General Medical Council.
We do not provide or verify Answers Ourselves. We provide (a) a medium whereby Questions can be directed with anonymity to independent UK qualified
Doctors, and for those Doctors to be able to respond to those Questions, and (b) a facility for payment for such Answers to be made (together the “ Service”). Any Answer given through, or in connection with, this Site is the personal professional opinion of the Doctor giving that
Answer and should be treated as such.
The Doctor who answers your Question will not be provided with your email address or any other personal details relating to you (beyond what you
include in your Question). Accordingly, Answers will be of a generic informative nature.
The Doctors choose which Question(s) (if any) they will answer. If your Question remains unanswered after a certain period We may approach you to help
you clarify or reword it in order to facilitate it being answered. We may also re-categorize your Question without consulting you, in order to direct
it to, in Our discretion, the most or another appropriate Doctor.
Submission of Questions
You must not use this Service for medical emergencies. In the event of a medical emergency dial 999 in the UK or the local emergency number in the
country you are in.
You must not rely on Our Service if you need prompt information and should contact your own doctor. Thanks Dr is under no obligation to arrange for the
provision of, and the Doctors are under no obligation to provide, an Answer and there is no time limit for when an Answer may be provided.
You agree not to include information regarding your (or any other person’s) identity or contact information in your Question(s), it being understood
that the Site has been designed so that your email address to be used for any reply or replies and your personal details must be provided separately
from your Question(s).
You may withdraw your Question without charge within 7 days of submitting it unless (a) We inform you that a Doctor has started working on researching
or providing an Answer for you, and/or (b) a Doctor provides you with an Answer within such time.
You must not submit Questions containing a, or otherwise transmit any, virus, trojan horse, infection, or other computer programme and/or code that has
contaminating or destructive properties.
Our Service is in English. Any Question addressed in another language may not be answered and any Answer a Doctor may attempt to give in a language
other than English must be disregarded.
We reserve the right to reject or remove any Questions at Our sole discretion and without explanation.
Answers
By submitting a Question over the Site, You agree to Us sending to you by email an Answer (or a link to an Answer) from a Doctor and, save where you
have expressly advised us otherwise by email to help@ThanksDr.com, selected promotional material.
A Doctor may (but is not obliged to) answer, without additional charge, follow-up questions, queries or requests for information you may submit and
which are directly and expressly connected with your initial Question.
Whilst We take reasonable care, by selecting as Doctors people we reasonably believe to be appropriately experienced UK qualified doctors, to procure
that the Doctors provide up to date and correct information, We do not guarantee or warrant that this will be achieved, and nor do We guarantee or
warrant the accuracy, adequacy, completeness, reliability or timeliness of the Answer or applicability of the Answer provided to a particular
situation. We do not guarantee or warrant that the quality of the Answer(s) provided will meet your expectations.
In the event you receive what you regard as an Answer of unsatisfactory quality from a Doctor, We may (at our discretion) either:
(a) procure that that Doctor provides a clearer or fuller Answer; or
(b) in good faith, and acting reasonably, determine Ourselves whether we regard the Answer to be of unsatisfactory quality, and if so determined, We
shall (at our discretion) act in accordance with either point (c) or (d) below; or
(c) engage (free of further charge to you) a second Doctor to respond to your Question (and if you regard this second Answer to be of unsatisfactory
quality and We, in good faith, and acting reasonably, agree with your assessment, We shall refund you in full); or
(d) refund you in full.
For the avoidance of doubt, any failure by a Doctor to respond to follow-up questions, queries or requests for information you may submit regarding an
Answer they have given to an initial Question will not entitle you to a refund (save where the Answer already given does not constitute a reply of a
satisfactory quality to your initial Question, in which case the immediately preceding paragraph will apply).
If one week after posting your question you have not either continued the dialogue with the doctor or closed the question yourself, then ThanksDr will close the question automatically. Once the question is closed you will no longer be able to ask a follow up question.
In the event that your question is answered by a General Practitioner who has you as a patient listed on his/her NHS patient list, you shall be
entitled to a full refund. In this scenario please contact us with your name and date of birth.
Any Answer provided by a Doctor will be limited by the Doctor’s inability to observe, physically examine and thoroughly interpret all symptoms in the
light of your past medical history. The Doctors are dependent entirely on what you choose to report. This can result in the provision of potentially
irrelevant information and/or omission of potentially relevant information and/or misdiagnosis and/or incorrect/incomplete treatment recommendations.
Any information/Answer on the Site or provided by a Doctor (whether or not in response to a direct Question from you) should be used as support and
information but should not be used as the basis of a diagnosis, treatment or a prognosis nor relied upon to make any decision. You should independently
verify any information before relying upon it.
You agree never to replace or delay professional medical care with or because of the Site and/or the Service and/or on the basis of an Answer and/or
expectation of an Answer from a Doctor. As failure to so act will be entirely at your own risk, Thanks Dr strongly advises all users seeking a
diagnosis, treatment or prognosis to consult a doctor in person.
Save as set out below, neither We nor any Doctor shall be liable for any damages or other losses resulting from actions taken, delayed or not taken as
the result of or in connection with the use of the Site or Service (including any information on the Site or Answer(s) provided by a Doctor).
Payment
Payment for a Question will be made when a Doctor submits his/her first Answer to that Question. The price We charge is the price in force at the date
and time of you submitting your Question. Currently this is £25.
You undertake that all details you provide will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that
there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit
card details before providing you with the Service.
We reserve the right to suspend or terminate the Service if payment is not received (and to enforce Our rights to recover any fees you may owe Us for
any Answer already provided or work carried out in order to provide an Answer in such event).
Intellectual property
“ThanksDr”, the slogan “making doctors accessible” and Our logos on this Site are trademarks of Thanks Dr Ltd, and these, together with the design of
this Site and the content and other information on it, are the intellectual property of Thanks Dr Ltd.
You ascribe to Thanks Dr all intellectual property rights (including, without limitation, copyright) in your Question(s), Answer(s) and any other
content you may submit to or through the Site (together the “Content”). Subject to the section headed “Privacy” below, You grant Us an
exclusive, irrevocable, perpetual, royalty free, worldwide licence to publish all such Content. You waive your moral rights to be identified as author
of the Content.
You may download and print information from the Site for your own personal lawful use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without Our express
permission and (if different) that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material,
no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. No right, title or interest in any of the contents
will be transferred to you as a result of downloading, electronically copying or printing such material.
Information Technology
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with
the Site.
We will try to make the Site available but cannot guarantee or warrant that the Site will operate continuously or without interruptions or be error
free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with,
hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
We are not responsible or liable for any interruption, deletion, corruption, loss of or failure to store content, defect, delay, communications
failure, theft, destruction or security breach. No compensation shall be payable for any of above. You understand and accept that to the fullest
possible extent permitted in law, We accept no responsibility for any loss or damage or injury caused to you or your hardware or software whether We
cause such loss, damage or injury directly or indirectly.
You understand that We cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection,
viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks
(including anti-virus and other security checks) to satisfy your particular requirements.
The Site and some of the Answers a Doctor may give may contain links to other websites. Thanks Dr makes no representations whatsoever about any other
websites which you may access through the Site or an Answer or which may link to the Site. When you access any other website you understand that it is
independent from Thanks Dr and that We have no control over the content or availability of that website. In addition, a link to any other website does
not mean that Thanks Dr endorses or accepts any responsibility for the content, advertising, products, or the use of, such a website and Thanks Dr
shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services
available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web
master.
Privacy
You understand that Our directors, officers, employees and website hosts will or may have access to your Question(s), any Answer(s) you may receive and
your contact and/or personal details, but that We shall procure that they will keep any medical information in the strictest confidence and We comply
with the Data Protection Act 1998 in respect of any information We hold.
You also understand and agree that We may reproduce for general viewing on (or remove from) the Site or elsewhere any Question and related Answer,
along with any related correspondence or feed-back you may submit, either in full or edited or otherwise modified as we see fit, and without your
further consent, in order to promote our Service and/or disseminate information which we believe will or may be useful or interesting to members of the
public, provided always that we shall not identify you (and further noting that it is a condition of using the Site and having the Service and any
Answer provided that you will not include in your Question any information which will or may identify you).
The right to use the Service is personal to you. You are solely responsible for protecting the confidentiality of your email verification and password.
You may not share these with or transfer them to any third parties and you are fully responsible for any unauthorised use of your account.
You will immediately notify Thanks Dr of any unauthorised use of your password or other security breach.
You will sign out when you have finished using the Site.
Charity
We agree to donate 10 per cent of Our net annual profits to charity. Your opinion on which charities We support will be used to decide on the
proportion given to a particular charity but the final exact proportion given remains at Our discretion.
Liability
We shall use reasonable skill and care in the provision of our Service as set out in these terms and conditions.
As set out above, We provide a means for you to liaise with qualified Doctors on the terms and conditions set out herein. You understand that We do not
verify and may not review any Answer a Doctor may supply, and that We do not necessarily endorse and We shall not be held responsible for any Answer or
information so provided (either in direct response to a Question or that may be reproduced for general viewing on the Site), including, without
limitation, for any error or omission in any Answer(s) or information. Please also refer to the “Answers” section above.
As further set out above, any Answer or information given (either in direct response to a Question or that may be reproduced for general viewing on the
Site) is the personal professional opinion of the one Doctor giving such Answer or information and should be treated as such. All information on the
Site is provided on an “as is” basis and you assume total responsibility and risk for your use of the Site and use of all information contained within
or through it and/or in any Answer(s) provided by a Doctor.
The Doctor providing an Answer to your Question will not be establishing a duty of care to you. Your own doctor has that duty of care and you must
ensure that your own doctor is kept informed of your circumstances so that they can give you the best possible care.
Whilst We use reasonable endeavours to check the credentials of the Doctors (including that they are qualified to practice medicine in the UK and have
been registered for at least 7 years with the General Medical Council), We shall not be held liable in the event of an unqualified or less qualified
person successfully impersonating a UK qualified doctor of such experience and/or not carrying appropriate insurance.
Our Service by its very nature is impersonal and Answers may come across as being insensitive. We aim to ensure that the Doctors provide you with
accurate information and this may include facts which cause emotional distress especially when they are first communicated through text without any
human contact. By using Our Service you accept this risk and will not hold Us or the Doctors liable for any emotional or psychological distress caused.
Subject to the below, Thanks Dr accepts no liability for any claims, losses, demands or damages of any kind with respect to or in connection with the
Service provided, Answer(s) and/or the Site and contents thereof. The foregoing will apply whether such claims, losses, demands or damages arise in
tort, contract, negligence, under statute or otherwise. As a consumer your non-excludable statutory rights are not affected.
Where we have accepted liability in relation to a chargeable Service for a direct loss to you resulting from our not having used reasonable skill and
care in the provision of the Service, or if We are found to be liable to you for any other reason, Our liability will be limited to the amount you have
paid Us in respect of the matter for which that liability has arisen. For example, if you have asked two Questions and We are found to be liable in
respect of one of those Questions, our liability will be limited to £25 (being the current price for having a Question answered by a Doctor). For the
avoidance of doubt, where information on the Site is provided free of charge, this is provided on the basis of no liability for the information given.
Nothing herein shall exclude or limit any liability we may have to you (a) for death or personal injury caused by Our negligence or (b) resulting from
Our fraud or (c) which may not be excluded under English law.
General
If you have any complaints, you should direct them to Us via email at help@thanksdr.com or by post at Thanks Dr
Ltd, The Meridian, 4 Copthall House, Station Square, Coventry, CV1 2FL.
If you make any arrangement with anyone named or connected with the Site this is at your sole risk.
The Site is available only to individuals that can form legally binding contracts under applicable law.
English and Welsh law shall apply to these terms and conditions, notwithstanding the jurisdiction where you are based. You irrevocably agree that the
courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and
conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be
England.
We have used reasonable endeavours to ensure that the Site complies with the laws of England and Wales. We make no representation and give no warranty
or guarantee that the Site or information or Service available through it complies with laws other than those of England or that the services available
through the Site (including those of a Doctor answering any Question) are appropriate or available for use in locations outside the UK. Those who visit
the Site from other locations do so on their own initiative, are responsible for compliance with all applicable laws, and shall indemnify and hold Us
harmless against any loss We may incur as a result of or in connection with such use. You may not use the Site or receive any services from Us if you
are a national of or resident in the USA, Canada or Australia. If use of the Site and/or viewing of it, or use of any material or content on the Site
or services offered through the Site (including those of a Doctor answering any Question) are contrary to or infringe any applicable law in your
jurisdiction(s), you are not authorised to view or use the Site and you must exit immediately.
Violation of these terms and conditions may lead to suspending or terminating your use of the Site without notice and without right to reimbursement
and/or provision of further services. If any Thanks Dr account of yours has been terminated you may not open another account on the Site.
You acknowledge, by your continued use of the Site and any purchase of any services from or through Us, that in purchasing such services you have not
relied upon any statement, warranty or representation made by Thanks Dr or any other person save as set out in these terms and conditions and you
irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation
(other than a fraudulent misrepresentation) that is not contained in the terms and conditions.
If any provision of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, it is agreed
that you and We shall endeavour to give (or procure that a court shall give) effect to the intentions as reflected in the provision, and the other
provisions in these terms and conditions shall remain in full force and effect.
Except in respect of a payment obligation, neither you nor Thanks Dr will be held liable for any failure to perform any obligation to the other due to
causes beyond your or Thanks Dr’s respective reasonable control.
Failure or delay by any party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that
obligation or right.
We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or deal in
any other manner with these terms and conditions or any of Our respective rights or obligations. Any purported assignment, transfer, sub-contracting,
delegation, or dealing in contravention of this clause shall be ineffective. These terms and conditions are personal to you and are entered into by you
for your own benefit and not for the benefit of any third party.
Any Doctor who has provided an Answer may enforce these terms and conditions insofar as they relate to the provision of that Answer in accordance with
the terms of the Contracts (Rights of Third Parties) Act 1999. Subject to the foregoing, no person (other than you and/or Us) shall have any right
pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce these terms and conditions.
All notices shall be given:
to Us via email at help@ThanksDr.com or by post at Thanks Dr Ltd, The Meridian, 4 Copthall House, Station Square, Coventry, CV1 2FL; and
to you at the email address you provide during any ordering process.
Notice will be deemed received when received in full if received before 5 pm (London time) on a business day (not being a weekend or a public holiday
in England), failing which such notice shall be deemed to have been received at 9am on the next occurring business day.
