Welcome to My Specialist Appinion, a platform connecting healthcare specialists with Users seeking expert opinions. Please read these Terms and Conditions carefully before using our mobile application (“App”). By accessing or using our App, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our App.
Please read these terms and conditions carefully before using Our Service.
1. Interpretation and Definitions
1.1 Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2 Definitions
For the purposes of these Terms and Conditions:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “App/Application” refers to the My Specialist Appinion (MSA) application which has been downloaded by You to Your device.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to My Specialist Appinion Limited (MSA).
- “Country” refers to United Kingdom.
- “Content” refers to content such as messages, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.,
- “Interaction” refers to the communication process between You and the Specialist for each paid Opinion request.
- “Legitimate interest” refers to the legitimate interests means the interests of our business in conducting and managing our business, to enable us to give you the best service/product and the most secure experience. We make sure we consider your rights and balance any potential impact on you (both positive and negative) before we process your personal data for our legitimate interests. We do not process your personal data for our legitimate interests where your rights or interests override ours. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
- “Medical emergency” refers to a serious and unexpected situation involving illness or injury and requiring immediate action.
- “Opinion” refers to a statement of advice from a Specialist to You
- “Personal Data” refers to any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
- “Service” refers to the Website or App.
- “Specialist” refers to healthcare Specialists of various specialties who are registered and verified on our App.
- “Terms and Conditions” (also referred to as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- “User(s)” refers to individuals seeking Opinions from Specialists through our App.
- “Website” refers to mySpecialistappinion.com, accessible from www.mySpecialistappinion.com
- “You/Your” refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2. Acknowledgment
2.1 These are the Terms and Conditions governing the use of our Service and the agreement that operates between You and MSA. These Terms and Conditions set out the rights and obligations of all users regarding the use of our Service.
2.2 Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use our Service.
2.3 By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
2.4 You represent that you are over the age of 18. MSA does not permit those under 18 to use the Service.
2.5 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of MSA. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
3. Defining our Service
3.1 We offer clinical services allowing you to engage through the MSA App with a fully qualified UK based medical Specialist (for example Dermatologist, Cardiologist , Radiologist) who shall be referred to as “Specialist(s)”.
3.2 The Interaction between you and the Specialist shall take the form of an app- based query and response dialogue. The Specialist may request supporting information or documents from You, which will allow them to give You an Opinion based on your query.You agree that the information that the Specialist provides to You is strictly based on the nature and scope of the information that You send to them through the interaction.
3.3 We thereby facilitate a match-making Interaction between you and the Specialist.
4. Information we need from you
4.1 We will require some personal information from or about you (such as your name, contact details and information about your health) so that we can give you as bespoke and personalised a service as possible. To find out more about how we use this information and how we protect your privacy, see our privacy policy.
4.2 The information you give us must be accurate and in English. Please let us know if any of the information we hold about you is wrong or out of date. Please contact our support team if you need help using our service.
5. Creating a user account
5.1 When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on our service.
5.2 You are responsible for safeguarding the password and details that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
5.3 You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.
5.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
5.5 You agree not to create multiple accounts or register more than once to use our service. This ensures that we can keep an accurate record of your use of our services and any advice our Specialists have given you.
5.6 When using our App based service, you agree to ensure that you are located in an area well served by a good WiFi and Internet connection. Failure to do so may result in disruptions or delays in the service which MSA will not be directly responsible for. Should you experience any connection issues which significantly disrupts your use of the service, please contact our support team
6. Pricing and Payment
6.1 Our service is chargeable. After submitting your question or query to the Specialist, you agree to make full payment for the Interaction, after which you will receive a response. Please see our Pricing Policy.
6.2 After submitting your query and receiving the Specialist’s response, further information may be requested by the Specialist. If you require another Opinion you will need to pay for another Interaction. Every Interaction with a Specialist is chargeable , as per the Pricing Policy
7. Accessing our service
7.1 You can request an Opinion 24hrs a day, 365 days a year. MSA will endeavour to match You with an appropriate Specialist in order to give you an Opinion regarding your query as soon as possible, ideally within 24hrs.
7.2 Our support team operates between the hours of 0800-1800 (GMT), Monday to Sunday.
7.3 There may be times outside our control when we cannot provide a service. You agree that we are not responsible if this happens, but if it does, we shall do everything possible to ensure you can resume the use of the service as soon as possible.
8. What we do not do
8.1 Our services are currently age-restricted, hence, we do not currently offer Opinions for persons under the age of 18.
8.2 You agree (as the parent or guardian) not to use the service with your account on behalf of a person under the age of 18.
8.3 The scope of the service may change in future at which point MSA will keep you updated.
8.4 You agree that we are not able to offer you Interactions with Specialists if you are located outside of the United Kingdom (England, Wales, Scotland and Northern Ireland) at the time of the consultation.
8.5 We currently do not offer telephone or video Interactions within our Service.
8.6 MSA will not share medical information about you with your GP. You therefore agree to be responsible for sharing any significant information with your GP in a timely, appropriate, safe and responsible manner.
8.7 Before submitting an Opinion request to the Specialist, you agree and declare that it does not represent a medical emergency (see our list of medical emergencies) that may need to be managed in an accident and emergency department. If You are advised by a Specialist to seek urgent medical attention, you agree to follow this advice in a timely manner.
8.8 You agree that all information supplied to the Specialist must not be of an obscene or offensive nature, and should be directly pertinent to the medical query.
8.9 You accept that any images you send to the Specialist will not be of a sensitive, obscene or offensive nature. Images will only be accessed by the Specialist involved in your Opinion. All images will be deleted from the system once the Interaction has been completed as per the Terms of our privacy policy.
9. Troubleshooting
9.1 Please contact our support team if you encounter a problem and we will do our best to address it.
9.2 We provide our services as described and we do not make any other guarantees. If we break these terms we will only be responsible for any losses that could have been foreseen when we entered into the terms.
9.3 You agree that we cannot be held responsible for:
- Loss or damage as a result of not following the instructions for using our services or using any of our service for anything other than their intended use.
- Business losses to you (our service is for personal use only).
- Any loss or damage as a result of Your own breach of these terms or Our privacy policy.
- Loss or damage from using other websites we may link to from our app or website, including any retail partners we might work with or invite you to access.
9.4 MSA does not recommend or endorse any websites or products that we link to. You must make your own decision about whether You want to access or use these.
9.5 Unless the law says otherwise, MSA will not award compensation for any amount higher than what you have paid us.
9.6 As far as we can under the law, MSA does not accept any other terms or rules (direct or indirect) that are outside of these terms.
10. Your Feedback to Us
10.1 If you would like to give us some feedback on our service, please provide this in the Feedback section of the app.
10.2 You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
11. Making a complaint
11.1 If you have a complaint, please provide this in the Complaints section of the App pr contact Us by email at [email protected] and we shall respond as per our Complaints Policy.
12. Contact Us
12.1 If you have any questions about these Terms and Conditions, You can contact us by email at [email protected]
13. How we contact you
13.1 We will contact you in English through the app or by the email or phone number registered on your account.
13.2 We advise that you grant Notification permissions for this App. We may send you notifications to indicate new activity (e.g. a Specialist’s response or a payment confirmation) that you may need to respond to.
14. Regulations and Laws
14.1 Our data processing is governed by the Information Commissioner’s Office (ICO). For further details of this please refer to our Privacy Policy.
15. Your Right to submit Content
15.1 Our Service allows You to submit Content. You are responsible for the Content that You submit to the Service, including its legality, reliability and appropriateness.
15.2 By submitting Content to the Service, You grant Us the right and licence to appropriately and lawfully use and share such content with Specialists.
15.3 You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this licence includes the right for Us to make Your Content available to Specialists on a confidential basis, who may themselves use Your Content to inform their Opinion, subject to these Terms.
15.4 You represent and warrant that:
(i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and licence as provided in these Terms, and; (ii) the submission of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
15.5 You consent that Your Content will be processed and stored in accordance with Our Privacy Policy.
16. Content Restrictions
16.1 The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account.
16.2 You expressly agree to guard against the use of your account by any third party.
16.3 You agree to submit content that is directly pertinent to the medical query in question.
16.4 You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
16.5 The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with Our Terms, refuse or remove this Content.
16.6 The Company further reserves the right to make formatting and edits and change the manner of any obscene or offensive Content which is impertinent to the medical query in question.
16.7 The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk.
17. Content Backups
17.1 Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
17.2 Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
17.3 The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
17.4 You may wish to maintain a complete and accurate copy of any Content in a location independent of the Service.
18. Retention of Your Personal Data
18.1 MSA will retain Your Personal Data only for as long as is necessary for the purposes set out in the Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
18.2 Once You have registered with the App if you do not use the Service within the first 2 years of registration, your personal data will be removed.
18.3 The data from your Interactions will be kept for up to 8 years.
18.4 MSA will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
19. Copyright Policy
19.1 Intellectual Property Infringement
19.1.1 We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
19.1.2 If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email [email protected] and include in Your notice a detailed description of the alleged infringement.
19.1.3 You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
19.2 Intellectual Property
19.2.1 The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
19.2.2 The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
19.2.3 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
20. Links to Other Websites
20.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
20.2 The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
20.3 We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
21. Termination
21.1 We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
21.2 Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
22. Limitation of Liability
22.1 Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
22.2 To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
22.3 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.
23. “AS IS” and “AS AVAILABLE” Disclaimer
23.1 The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
23.2 To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
23.3 Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
23.4 Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
23.5 Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
24. Governing Law
24.1 The laws of the United Kingdom, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.
24.2 Your use of the Application shall not be subject to other international laws and jurisdictions outside of the United Kingdom.
24.3 If you want to take legal action relating to these terms, it must be through the courts of the United Kingdom.
25. Disputes Resolution
25.1 If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting MSA by email at [email protected].
26. For Users who are non-UK residents
If You are a non-UK resident consumer in the UK at the time of using the service, you will be subject to the mandatory provisions of the law of the United Kingdom.
27. Severability and Waiver
27.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
27.2 Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
28. Changes to These Terms and Conditions
28.1 We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
28.2 By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please refrain from using the Service.