TERMS AND CONDITIONS
This website (the “Website”) is the website of Duality Healthcare Northern Ireland Limited and its subsidiaries (“Duality Healthcare”, “us” or “we”).
Please read these Terms and Conditions of use of the Website carefully as by using the Website you agree to be bound by them. We reserve the right to vary the conditions of use at any time and will post any variations here. You are advised to review the conditions of use on a regular basis as you will be deemed to have accepted variations if you continue to use the Website after they have been posted.
Your Responsibility
You assume all responsibility for your use of, or access to, this Website, including your access to any Duality Healthcare or other literature obtained through the Site, and waive all claims or causes of action against Duality Healthcare or their respective the officers, directors, employees, agents and affiliates in connection therewith. If you do not agree to abide by these conditions of use you should not use the Website in any way.
Third-Party Resources
This Website may contain links to websites operated by other parties. The linked sites are not under the control of Duality Healthcare and we are not responsible for the content available on any other Internet sites linked to this Website. Such links do not imply our endorsement of material on any other site, and Duality Healthcare disclaim all liability with regard to your access to such linked websites. Duality Healthcare may provide links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Website is at your own risk. Duality Healthcaretakes every care and precaution to ensure that information published on the Website is accurate when posted and regularly updated, but Duality Healthcare does not guarantee or can be held liable for its accuracy or timeliness and Duality Healthcare may change the information at any time without notice. You must not rely on the information on the Website and you acknowledge that you must take appropriate steps to verify this information before acting on it.
Disclaimer
DUALITY HEALTHCARE PUBLISHES THE WEBSITE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE WEBSITE (IN SO FAR AS SUCH WARRANTIES MAY BE EXCLUDED UNDER ANY RELEVANT LAW) AND TO THE EXTENT PERMITTED BY LAW, DUALITY HEALTHCARESHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE WHETHER DIRECT OR INDIRECT (INCLUDING, WITHOUT LIMITATION DIRECT OR INDIRECT LOSS OF PROFITS), CONSEQUENTIAL, SPECIAL OR OTHERWISE INCIDENTAL THAT MAY RESULT FROM USE OF THE WEBSITE HOWSOEVER ARISING. WE FURTHER DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS SITE WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Indemnity
You agree to indemnify, defend and hold harmless Duality Healthcare and its respective officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of these Terms and Conditions or any activity related to use of the Website (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Website on your behalf.
The information contained on the Website is not an invitation to invest in shares or other securities, or any other products or services or otherwise deal in these or enter into a contract with Duality Healthcare or any other company. The information provided should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such.
The past performance of Duality Healthcare or any other company referred to on the Website cannot be relied upon as a guide to its future performance. The price of shares and the income derived from them can go down as well as up and investors may not recoup the amount originally invested.
Any reference to any product or service which has been or may be provided by Duality Healthcare or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Limitation of Liability
Duality Healthcare cannot accept liability for consequential losses incurred by the customer. If a customer has a delayed result or result has not been provided by Duality Healthcare, we cannot accept any liability for any losses incurred by the customer. By accepting Duality Healthcare’s Terms and Conditions you have agreed that these losses cannot be the responsibilities of Duality Healthcare. Any losses incurred as a result of time and travel to and from an appointment where the product or service cannot be delivered and is outside the control of Duality Healthcare cannot be compensated. Duality Healthcare will endeavour to support rebooking of the appointment at a suitable and convenient time for the client.
Duality Healthcare expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
These exclusions of liability will not apply to any damages arising from death or personal injury caused by the negligence of Duality Healthcare nor Duality Healthcare’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Consultants – Your attention is drawn to this section
While at Duality Healthcare, you may be under the care of a consultant, who may also involve other consultants in your care, if appropriate.
Consultants involved in your care are independent practitioners. Accordingly, Duality Healthcare disclaims all liability including direct, indirect and consequential loss and will not be liable for any act or omission of a consultant; the consultant is responsible and liable for the care he or she gives you.
Your consultant is an independent medical practitioner and not employed by us. Our bill will include your consultants’ fees while you are at Duality Healthcare. In this event, we are acting as the consultants’ agent only in collecting those fees: they remain an independent medical practitioner.
We are not responsible for the acts and omissions of consultants or other independent medical practitioners (or the company, partnership or other entity that employs or engages the consultants or other independent medical practitioners).
Copyright
Copyright in the design and architecture of the Website is owned by Duality Healthcare. Duality Healthcare owns the copyright and trademarks in the content published on the Website except where otherwise indicated by a third party’s proprietary notice. Images, trade-marks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Website as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited.
We are not responsible for the content of any other website from which you have accessed the Website or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result thereof.
This Website Does Not Provide Medical or Professional Services Advice
The content on the Website is intended to be a general information resource in regard to the subject matter covered. Duality Healthcare does not directly or indirectly practice medicine, render medical advice, or dispense medical services via the Website, and nothing contained on the Website is intended to be instruction for medical diagnosis or treatment. Any information provided should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. Information received from the Website should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please consult with your physician or other qualified healthcare provider promptly.
Forward-Looking Statements
The Website may contain express or implied forward-looking statements, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. Duality Healthcare assumes no obligation to update any forward-looking statements contained in any press release in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
Updates
Duality Healthcare may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on this Website, the information, materials and services provided on or through this Website may occasionally be inaccurate, incomplete or out of date. Duality Healthcare do not have a duty to update information contained on the Website, and we will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on the Website, and we undertake no obligation to update or revise the information contained on the Website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained on the Website before relying upon it.
Medical Records & Communication
We hold patient records in the strictest confidence. We share information only with other medical services providers involved directly in your care such as laboratory or imaging centres, or specialists to whom you have requested a referral. We use phone and email to communicate with these other service providers. We aim to communicate confidentially, using secure government email systems where possible; but we accept no responsibility for breaches of these communication records. We will not share your information with anyone else, unless you give us permission to do so (e.g., with your NHS GP). The only exception is where a patient is considered to be a danger to themselves or others, or when required to do so by a court order. In providing us with an email address or phone number we consider this implied permission to contact you by this means regarding your healthcare. For COVID-19 testing, by using our services you consent to results data being shared with Public Health Service.
Appointments & In-Appointment Services
In booking a consultation with a medical practitioner, you agree to pay for that practitioner’s time regardless of the outcome of the consultation. Any additional time, investigation or treatment is chargeable at an additional cost. Medical practitioners are responsible for their own clinical practice and for the advice, investigation and treatment they provide. Duality Healthcare is not liable for patients’ well-being outside of the clinic’s opening hours and does not provide an out-of-hours service. Our service is not suitable for those who are acutely unwell; we advise those with acute illnesses to call 999 (for emergencies), 111 (for non-emergencies). You should also consider contacting your regular GP or attend their local A&E.
Our practitioners can only consult with the patient themselves or the parent or legal guardian of a child under 16. We cannot conduct a consultation about a friend or relative without their permission, although we can give general health advice. The person must be in the UK at the time of the consultation or normally reside in the UK. Patients can access their health records in line with the UK Data Protection Act 2018 and the EU General Data Protection Regulation (GDPR).
For remote consultations: There are limitations to remote consultations that can limit a practitioner’s ability to prescribe. You may be advised that you need to be examined in person.
Refusing Access
We reserve the right to refuse access to our service to certain individuals. Examples include patients who behave violently, threateningly or aggressively; patients who do not agree to pay for our services; requests for potentially addictive or controlled drugs; unethical requests; those whose request we do not consider to be in their best interest.
Duality Healthcare Clinic Staff – Zero Tolerance Policy
Our staff have the right to work in an environment free from violent, threatening or abusive behaviour. We take a zero-tolerance policy towards threatening or abusive behaviour towards our staff.
If there is a problem with the Services
If there is any problem with the Services we provide, please contact us and tell us as soon as reasonably possible, and we will investigate the problem under our complaints procedure and try to repair or fix the problem as soon as we can.
You have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Terms and Conditions will affect these legal rights.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by an event outside our reasonable control.
If an event outside our reasonable control takes place that affects the performance of our obligations under these Terms and Conditions, we will contact you as soon as reasonably possible to notify you, and our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our reasonable control.
You may cancel the contract if an event outside our reasonable control takes place and you no longer wish us to provide the Services.
The Contract
These are the Terms and Conditions on which we supply Services to you and form the contract for services between you and us, no other person shall have any rights to enforce any of its terms. We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions.
Governing Law
These conditions of use are governed by the laws of Northern Ireland and you agree that the courts of Northern Ireland shall have exclusive jurisdiction in any dispute.
To the extent that any part of these conditions of use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.
Legal Terms
By accepting these Terms and Conditions, you acknowledge you understand, have read and will abide by Duality Healthcares Patient Privacy Policy, Cookie Policy and Website Privacy Policy (which may all be updated from time to time), which are part of these Terms and Conditions by reference.