Acceptance of the DrThom Terms and Conditions
1. By using this service you are deemed to understand, consent to and agree to be legally bound by these Terms and
Conditions. If you do not understand and agree to these terms and conditions you should not use this service. If you have
already purchased a service you must cancel your order by contacting DrThom immediately through your online patient
record.
Terminology
2. The following terms are used throughout these Terms and Conditions
• The term 'DrThom' is the trading name of Expert Health Limited.
• The term 'the DrThom websites' means the URL www.DrThom.com and all associated pages.
• The term 'this service' means the provision of information, advice, counseling, testing and treatment by DrThom
for a range of conditions.
• The term ‘the remote service’ means the provision of the DrThom service whenever a DrThom expert has not been able to
meet with the patient for that specific episode of care.
• The term ‘the DrThom clinic’ means the DrThom clinic at 197-199 City Road, London, EC1V 1JN.
• The term 'DrThom expert' means a doctor or nurse or counsellor who is employed or who has been given practicing
privileges or an equivalent by DrThom.
• The term 'law' shall be construed as a reference to any law (including common or customary law), statute, judgment,
regulation, directive, bye law, order, ordinance or any other legislative measure of any government, supranational, local
government, statutory or regulatory body or court, in each case having the force of law.
• The term 'Terms and Conditions' comprises of paragraphs 1 to 17 and includes the Privacy Policy and the Disclaimer.
The importance of providing true, timely and complete information
3. You agree that all information that you provide to DrThom will be true and complete to the best of your knowledge and
that you will not omit to provide information that could reasonably be judged to be potentially relevant to DrThom in the
provision of a service.
Care provided by DrThom experts
4. When a DrThom expert prescribes treatment for your use that person is taking responsibility for your care, but you
agree that no promises are made, given or intended by the advice provided by the DrThom expert who will have provided
what they consider to be the best medical advice given the information they have. You agree that DrThom is not
responsible for what you choose to do with any advice that is given by a DrThom expert.
Scope of services provided
5. The scope of the testing services offered by DrThom are not exhaustive and a specific testing service covers only
those infections or conditions explicitly tested for. Any physical examination given in the DrThom clinic is for the
specific purpose of identifying conditions related to sexual and reproductive health and is not for the purpose of
identifying a broader range of potential medical conditions not explicitly within the bounds of sexual and reproductive
health. A patient undergoing a cervical smear in the DrThom clinic must understand that the cervical smear service does
not include within it any tests for sexually transmitted infections although such tests can be purchased at the same
time. The cervical smear service does not include any follow-up tests or investigations following the initial smear
beyond referral to a qualified specialist. For the avoidance of doubt, DrThom is not responsible for ensuring that a
patient who is given a referral letter relating to potential cervical abnormalities acts upon DrThom’s recommendation
that the patient see a specialist.
Prescribed treatments
6a. You agree that any treatment prescribed will be solely for your own personal use and that you will not allow any
other person access to the prescribed treatment.
b. You agree that if a DrThom expert prescribes you treatment you will contact DrThom if you are uncertain as to how to
take your treatment. You agree that, in this situation, you will wait for a response from DrThom before taking the
relevant treatment.
c. You agree that if a DrThom expert prescribes treatment and you suffer from any noticeable side-effects, you will
contact DrThom to allow DrThom to fulfill a duty of after-care and to allow DrThom to monitor the effectiveness of all
treatments given.
Informing your GP about any treatment that is prescribed
7. You agree that DrThom has encouarged all users of this service to keep their General Practitioner (GP) informed
of any treatment prescribed and that DrThom has offered to so inform your GP if you provide DrThom with the relevant
contacting information for your GP.
Informed consent
a. You agree that by requesting treatment you formally give your informed consent for the DrThom expert to prescribe that
treatment.
b. You agree that by requesting an HIV test you give your informed consent to undergo an HIV test in the manner of that
particular DrThom service.
Your DrThom account
9a. You agree that you will not share your DrThom login and password with anyone. You acknowledge that you will take all
reasonable steps to ensure that a third party does not gain access to your account.
b. You agree that you will take all reasonable steps to ensure that any computer you use to set up or access your DrThom
account is suitably protected from potential hazards by firewalls, anti-virus software and other such security
applications.
c. You agree that you will not create more than one DrThom account.
d. You agree that if when creating your DrThom account you provide a contact email address and contact telephone number
then you consent to DrThom contacting you by email or telephone - including SMS - if and when DrThom judge it appropriate
to do so.
Accuracy of tests and provision and efficacy of treatment
10a. You acknowledge that no test for sexually transmitted infections is 100% accurate and that no treatment is
guaranteed to treat the condition for which it is prescribed or, in the case of emergency hormonal contraception, to
prevent a pregnancy.
b. You acknowledge that where the price of a service includes one course of treatment, one course of treatment may not be
sufficient to cure or manage the condition in question and that you may have to pay for a further course of treatment
from DrThom if the first course of treatment is not effective.
Suitability of this service
11. You agree that DrThom has provided sufficient information for you to make an informed decision as to whether this
service is appropriate for your situation.
Discussion fora
12. The DrThom website may include forms of discussion fora such as, but not limited to, chat rooms discussion or
bulletin boards. These terms and conditions shall apply thereto but for the avoidance of doubt, DrThom expressly excludes
all liability whatsoever for the contents of such discussion fora contributed by third parties.
Cancellations
13. The Consumer Protection (Distance Selling) Regulations 2000 state that in the supply of goods that cannot be used
again there is no right to cancel. All DrThom services are personalised and as such there is no right to cancel.
Nevertheless, DrThom offers a full refund to users of DrThom’s remote testing services who cancel their order within 24
hours of making payment.
Privacy Policy and Data Protection
14. DrThom upholds the UK Data Protection Act 1998. Unless required to do so by law, by a regulatory body or by
current medical ethics, DrThom will not intentionally reveal your personal details to third party organisations other
than those directly involved in providing the DrThom service. DrThom takes all reasonable steps to protect your personal
details from unintentional disclosure. But the remote nature of the DrThom service necessarily relies upon using
electronic forms of communication, post, telephone and SMS. There are inherent vulnerabilities in using such forms of
communication and DrThom is therefore unable to give a guarantee that a third party unrelated to the DrThom service will
not intercept communications.
Disclaimer
15a. To the fullest extent permitted by applicable law, under no circumstances will DrThom be liable for any of the
following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional
well-being including, but not limited to, any embarrassment caused (b) loss of data; (c) loss of revenue or anticipated
profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered
by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of the DrThom
service regardless of the form of action. Nothing in this clause is intended to exclude or limit DrThom's liability for
death or personal injury caused by its negligence or fraud.
b. You agree that to the fullest extent permitted by applicable law, DrThom makes no representations or warranties with
respect to any treatment, information, advice or action relied on or followed by any person using the DrThom service.
c. DrThom does not warrant that the DrThom websites or this service in general will be either available without
interruption or error-free or that the website, server, hardware and software that support the DrThom service are free
from viruses or something that may interfere with the normal operations of your systems. DrThom will not be liable for
any loss or damage resulting from the transmission of data as may occur during communications with DrThom.
d. DrThom will not be held responsible for loss or damage that arises from the fact that the nature of this remote
service means that DrThom can not fully replicate the level of emotional support often associated with traditional
physical clinics.
e. To the fullest extent permissible by law, DrThom will not be held responsible for any information that is
inadvertently omitted from this service or for any errors that are inadvertently included within the DrThom service. For
the avoidance of doubt, DrThom will not be held responsible for any loss or damage that results from inaccuracies on the
DrThom websites that relate to genitourinary medicine clinics.
f. DrThom will not be liable for any loss, damage or delay that results from you having to collect an item that relates
to this service that needs to be collected from a post office because there was no-one to sign for a delivery at the
shipping address you gave.
g. DrThom will not be liable for any loss, damage or delay that results from you failing to collect an item that is
waiting for collection at a post office.
h. DrThom will not be liable for any loss or damage if someone signs for a delivery related to this service at the
shipping address that you gave yet fails, for whatever reason, to deliver the item to you in person.
i. DrThom will not be required to send a repeat prescription of treatment to a patient when treatment has been signed for
at the delivery address and, for whatever reason, treatment has not been started or completed by the patient. Similarly
DrThom will not be required to send a repeat prescription of treatment to a patient when treatment has been dispatched
but not yet delivered until the original prescription of treatment has been returned to our partner pharmacy.
j. To the fullest extent permitted by applicable law, DrThom disclaims any liability resulting from the provision of
services by third party providers. Liability shall rest with the appropriate third party provider and shall not under any
circumstance be deemed to rest with DrThom.
k. By linking to third party websites DrThom does not endorse the policies, practices, or opinions expressed on these
sites. DrThom does not make representations or warranties as to the accuracy or any other aspect of the information
contained on such websites.
Exclusive jurisdiction of the English courts
16. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by
reasons of the laws of any state or country in which these terms and conditions are intended to be effective, then to the
extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed
and deleted from the agreement and the remaining terms and conditions shall survive, remain in full force and effect and
continue to be binding and enforceable. The above terms and conditions shall be governed by and construed in accordance
with English law and you irrevocably submit to the exclusive jurisdiction of the English Courts.
Change to Terms and Conditions
17. DrThom reserves the right to change these terms and conditions at any time by posting changes online. You are
responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use
of the website and the entire DrThom service after changes are posted constitutes your acceptance of these terms and
conditions as modified by the posted changes.
