DialysisAway Terms of Use

Version 1, Effective from 9 November 2021

NOTE:  If you are a dialysis centre operator that has registered to use our Platform (Operator)

please see our Terms of Service instead.

These terms apply to access and use of the DialysisAway platform (Platform) by patients and individuals employed or engaged by Operators. Each time you access our Platform, you will be asked to confirm that you agree to these terms. If you do not agree to these terms, you should stop using the Platform immediately.

You should also read our Privacy Policy which explains what personal data we collect from and about you, how we use your personal data and your rights under data protection law.

Who we are


DialysisAway is operated by Medicalisys Ltd, a limited company registered in England and Wales under company number 12186141 (we/us/our). Our registered office is located at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom.

 

Our Platform enables patients to find and book treatments with Operators and enables Operators to manage the administration of the process. We are not a clinical referral service, nor do we provide medical advice or make any recommendations regarding the Operators listed on our Platform.

Who you are


You will either be a) someone who is employed or engaged by an Operator and who has been granted access to our Platform by an Operator (such as a public healthcare entity or a private healthcare entity operating one or more dialysis centres, possibly under contract to a public entity); or b) a patient who has been enrolled onto our Platform by an Operator to enable you to book treatments away from your regular dialysis centre.

 

If you are a patient, you may only be registered as a user of our Platform if you are of an age that allows you to consent to your own medical treatment. you are unable to consent to your own medical treatment, then your parent or guardian should be asked to create an account on your behalf.

Your access to our platform


Your continued access to our Platform is subject to you complying with these terms. We may suspend or terminate your access to our Platform if you breach any of these terms.

You will cease to have access to our Platform if the Operator who created your account deletes your account or following the expiry or termination of the agreement between us and such Operator.

Your account credentials


You should treat your account credentials as confidential and not share them with anyone else (except, if you are a patient, with any caregiver, parent or guardian).

If we know or reasonably suspect that your account credentials have been compromised, we may suspend your account and reset them.

 

You should let us know as soon as you become aware that your account credentials may have been compromised by email to [email protected].

Availability of our Platform


Given the potential for our Platform to be used across timezones, we use our reasonable efforts to make the Platform available to you on a 24/7/365 basis. However, we cannot guarantee that our Platform will always be available. In particular, our Platform may need to be taken offline for routine or emergency maintenance in accordance with the terms of our agreement with Operators.

Booking treatments (patients only)


As a patient you, or the Operator who usually provides you with treatment on your behalf (Home Operator), are able to book treatments with other Operators that have subscribed to our Platform (Destination Operator). Operators subscribed to our Platform may, in the context of a specific booking, either be temporarily receiving patients or sending them.

 

We operate as agent for and on behalf of Destination Operators. This means that when:

  1. you make a booking on our Platform requesting treatments away from your Home Operator (or your Home Operator makes a booking on your behalf with your consent);
  2. you accept these terms; and
  3. the Destination Operator confirms the booking, agreeing to provide you with treatment, a contract will come into existence directly between you and the Destination Operator.

 

The contract between you and the Destination Operator may be subject to additional terms notified to you at the time of booking your treatment.

 

If a payment is due from you to the Destination Operator in relation to a treatment and for any reason the Destination Operator does not carry out that treatment, no payment will be due to the Destination with respect to that treatment.

Your responsibilities


You are responsible for:

  1. completing any tasks as part of the process and providing any documents requested by the Destination Operator in a timely manner to enable the Destination Operator to fulfil its obligations;
  2. all of the travel and accommodation expenses associated with your trip;
  3. all the costs of attending the Destination Operator’s premises to receive your treatment; and
  4. ensuring that you have all the necessary travel documents (including identity documents, vaccination and other certificates and any visas) and taken out appropriate insurance which covers you for a “pre-existing medical condition” with respect to your trip. Travel insurance is essential to help cover costs in the event of postponement or cancellation resulting in you not travelling or any other scenarios not covered where you may wish to be covered, such as having luggage or money stolen, extended medical treatment and costs of repatriation.

Pricing and payments (patients only)


You do not have to pay any booking or subscription fees to us in order to use and book treatments through our Platform.

 

The prices and payment terms for treatments are set by Destination Operators and communicated to you within the Platform. However, where a Destination Operator considers it necessary to undertake additional tests or is required to provide emergency care or treatment which is additional to the dialysis treatment you have booked, the Destination Operator may charge additional fees for such care or treatment.

 

All prices communicated to you within the Platform include VAT or the applicable sales taxes that apply in the country in which the Destination Operator is based (if applicable).

 

If you wish to proceed with a booking and a payment is applicable in relation to one or more treatments, payment details will be provided to you directly by the Operator. We do not handle any payments on behalf of Destination Operators and do not have any access to any monies paid by you to a Destination Operator at any time. Any payment services used by Destination Operators may be subject to separate terms and conditions.

 

Where you are provided with access to any portal to manage your payment methods, make payments and view your transaction history, you will be required to comply with the terms and conditions of the relevant billing portal.

 

We offer Destination Operators the option to take payments using Stripe Checkout. If the Destination Operator is opting to utilise this service, Stripe will receive such payment on behalf of the Destination Operator and will then transfer your payment to the Destination Operator’s bank account, subject to any deductions due under our agreement with that Destination Operator.

 

If a payment is required by the Destination Operator in relation to a treatment and you have not paid for this treatment in full before you are due to receive it, the Operator may refuse to provide treatment to you.

Changes and cancellations (patients only)


You may cancel any booking made on our Platform at any time until the time you are due to receive treatment, without charge, by cancelling your booking on the Platform or asking your Home Operator to do so on your behalf. If you or your Home Operator are unable to cancel your booking on the Platform, you may email [email protected] quoting your trip reference.

 

If the Destination Operator cannot fulfil one or more of the treatments booked, it may cancel those treatments. In this case, it needs to refund any payments made. You need to coordinate alternative arrangements directly with your Home Operator and the Destination Operator.

Where a refund or chargeback is applicable, this will be the responsibility of the Destination Operator and we will not be responsible for ensuring that such refund is made.

 

Nothing in this paragraph is intended to affect your statutory rights under the laws of the country in which you ordinarily live.

Acceptable use of our Platform


Our Platform may allow you to communicate messages, add comments or notes and upload files.

You must not add any content or data, or upload any files which:

  • infringe the intellectual property rights (such as copyright) of any third party
  • contain bugs, various or other malicious or technologically harmful code
  • include the image of any person who has not consented to the use of their image
  • is unlawful, harmful, misleading, threatening, defamatory, seditious, obscene, indecent, pornographic or sexually explicit, harassing, discriminatory, in breach of confidence or in breach of someone’s privacy
  • is otherwise illegal, harmful or causes damage or embarrassment to us or any other person.

 

Inappropriate Content

Without affecting any of our other rights and remedies under these terms or law, we may delete anything which we know or reasonably believe to be Inappropriate Content. We may also suspend or terminate your account. Where necessary, we will report any Inappropriate Content to local law enforcement agencies.

Confidentiality


Our Platform inherently involves the sharing of confidential health and medical information.

As a patient, we will keep such information confidential and not disclose it to anyone other than our personnel and the personnel of our Operators who need to know such information to coordinate and provide your treatment. You should read our Privacy Policy which explains what personal data we collect from and about you, how we use your personal data and your rights under data protection law.

As someone who is employed or engaged by an Operator, you are likely bound by professional obligations of secrecy and ethical standards regarding medical confidentiality. You must treat all information that you receive from or about patients as strictly confidential and not disclose such information except to those of your colleagues involved in coordinating and providing treatment to patients or as may be required by law or the standards of any professional body to which you are subject.

Our liability to you


If you are employed or engaged by an Operator, the terms relating to our liability are set out in our agreement with the Operator.

If you are a patient:

  • you acknowledge that we have not undertaken any due diligence on the Destination Operators that have subscribed to our Platform and that you are responsible for satisfying yourself that the Destination Operator will be able to provide you with the standard of care or treatment that you require;
  • you acknowledge that no relationship of doctor and patient is created between you and us;
  • we do not accept any responsibility for the care or treatment provided to you by any Operator or for any loss, damage or harm you suffer as a result of receiving care or treatment by any Operator or arising from the information input into our Platform by any person employed or engaged by an Operator;
  • in respect of our obligations to make the Platform available to you in relation to bookings and payments and facilitate coordination between Operators through our Platform, we are responsible for loss or damage you suffer that is a foreseeable result of our failure to comply with these terms or failure to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or, if at the time you entered into the agreement with us on these terms, both we and you knew it might happen.

To the maximum extent permitted by law, our liability to you will be limited to the lower of the amount paid by you to the Destination Operator for your booking and £500 (or the equivalent amount in your local currency).

We do not make any representations or give any warranties (in each case whether express or implied) in relation to our Platform or the booking or provision of treatment by Destination Operators which are not set out in these terms.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence.

Complaints (patients only)


If you are a patient and have any complaints about an Operator and the treatment you have received, please email us at [email protected] and we will investigate this on your behalf in accordance with our complaints handling policy.

Other important terms


Copyright and intellectual property rights: All copyright and other intellectual property rights in our Platform (including logos, images and text) belong to us or our licensors. Unless we say otherwise, all rights are reserved. If you are in any doubt about whether you can use anything on our Platform, please contact us for clarification.


Enforcement of these terms: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.


Events outside our control: We are not responsible for delays outside our control. If access to and use of our Platform is prevented or delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.


Legality of these terms: If a court finds any of these terms illegal, the rest will continue in force. Each paragraph of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in force.


Rights of other persons: Nobody else has any rights under these terms other than you (or any person with legal authority to act on your behalf).


Transfer of this agreement: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under your agreement with us. You may not transfer any of your rights and obligations under these terms to another person without our consent.


Law that applies to this agreement: These terms are governed by English law.


Where you may take legal action against us: If you ordinarily live in the United Kingdom, you may bring legal action against us in the courts of the country within the United Kingdom in which you ordinarily live. If you ordinarily live in the European Union, you may bring legal action against us in the English courts or the courts of the country within the European Union in which you ordinarily live. If you ordinarily live outside the United Kingdom or the European Union, you may only bring legal action against us in the English courts unless this is prohibited by applicable law in the country in which you ordinarily live.


Where we may take legal action against you: We may take legal action against you in any country or territory we consider appropriate in the circumstances. This is likely to be in the country or territory in which you ordinarily live.