MediMo Platform Terms of Use - Providers

  1. Who we are and how to contact us

    We are MediMo Ltd ("MediMo", "we" or "us"), a limited company (registration number 15952500). We are based at 9 Grafton Street, Altrincham, England, WA14 1DU. You can contact us by email at or by calling us on 0333 050 6070.

  2. When these terms apply

    These terms apply to practitioners ("Providers" or "you") who apply to be listed and/or are listed on MediMo's online marketplace for individuals ("Patients") to make medical or healthcare bookings at medimo.co.uk (the "Platform").

  3. Our role as a marketplace

    If a Patient makes a booking with you via the Platform, that booking is made with you and the Patient enters into a contract with you in relation to such booking. The Platform acts solely as a marketplace. Accordingly, we have no responsibility for the services you provide and disclaim all responsibility as such.

  4. Becoming a seller on the Platform

    You can apply to become a Provider listed on the Platform by visiting medimo.co.uk/get-listed/sign-up. A contract between you and us governed by these terms will come into force upon submitting your application at medimo.co.uk/get-listed/sign-up.

    As part of your application to be listed on the Platform, we'll give you access to our Provider interface hosted on the MediMo website where we will ask you to create a Provider profile with details of your practice (your "Account").

    Once you submit your profile for approval within your Account, we will review it. If we approve your application, we will confirm this over email, and you will be listed on the Platform. We may reject your application for any reason, including where you indicate that you are using a different practice software to those which are compatible with the Platform.

    You must ensure that your Account only features high quality images and descriptions, which you have all the necessary intellectual property and other rights to use in this way on the Platform and is in English, is clear and comprehensible.

  5. Your warranties about the information you give

    You represent and warrant that:

    • you are, and will remain, established in Great Britain (England, Wales or Scotland but not Northern Ireland);
    • the information you provide to us in connection with your use of the Platform (whether via your Account, a Practice Management System ("PMS") API integration, or otherwise) is complete and accurate and you'll promptly notify us of any changes to it and keep your Account and PMS up to date;
    • any documents you submit to us in connection with your use of the Platform or in response to any request from us at any time are either genuine documents or true copies of genuine documents;
    • you have obtained all necessary consents, permissions and legal bases under applicable data protection laws (including the UK GDPR and Data Protection Act 2018) to provide any personal data submitted to us in connection with your use of the Platform (whether via your Account, a PMS API integration, or otherwise); and
    • any personal data provided to MediMo, including information about clinicians, staff, or other individuals has been lawfully collected and disclosed (whether via your Account, a PMS API integration, or otherwise).

    We may at our option at any time require you to promptly provide us with reasonable evidence that any information you've given us is true and up to date and that such information and your behaviour is in compliance with these terms. We can suspend or restrict your listing on the Platform until you've supplied this evidence and end this agreement if you don't comply with this requirement.

  6. Non-circumvention

    You agree that you will not, directly or indirectly, contact a Patient to encourage them to cancel a booking which has been made via the Platform.

  7. Your use of our systems

    You may only use your Account, the Platform and the MediMo website (our "Systems") for creating and maintaining your Provider profile.

    You agree to use all reasonable security practices to prevent unauthorised access or damage to our Systems which includes only using desktops and laptops with anti-virus protection and not introducing any viruses into our Systems, ensuring that your log-in details and passwords for our systems are only used by you and your employees and are not shared between users; and telling us immediately if you think that log-in details or passwords are being or may be used in an unauthorised way or that the security of our systems has been compromised in any other way.

    You must not copy, alter, reverse-engineer, misuse, or grant others access to our Systems nor access all or any part of our Systems to build a product or service which competes with them.

  8. Third party integrations

    Provider is solely responsible for any third-party services and integrations it connects to the Platform, including but not limited to any PMS, Stripe or Google My Business integrations ("Third Party Integrations").

    You represent and warrant that:

    • you have obtained all necessary rights, authorisations, and consents to enable such Third Party Integrations and to provide any access credentials to MediMo including via any API, plugin or other technical means;
    • you are lawfully entitled to provide MediMo with access credentials necessary for Third Party Integrations; and
    • such Third Party Integrations do not breach any applicable third party terms of use, licence restrictions, data protection obligations or confidentiality agreements.

    You agree that we are not liable for any losses, damages or claims arising from errors, inaccuracies, omissions, downtime or other issues with your Third Party Integrations or from inaccurate data provided through them. You are responsible for ensuring that your Third Party Integrations remain operational and updated.

    Upon termination of our agreement, we may disconnect any active Third Party Integration and delete or anonymise any retrieved data, except to the extent that we are required to retain it by law.

    We may suspend or terminate this agreement and your access to MediMo if you change or disconnect any Third Party Integration.

  9. PMS API integration

    You authorise us to connect to your PMS via an API for the purpose of: (a) retrieving practice data, service data, practitioner data and real-time appointment availability data; (b) verifying whether a Patient is a new or existing Patient; and (c) creating or updating appointment bookings in your PMS when a Patient books via the Platform.

    You agree to provide us with any credentials, access tokens or authorisations necessary to enable this connection.

    We will only access, retrieve and update information that is necessary for the operation of the Platform or as otherwise set out in this agreement. We will not access, modify or use any other data stored in your PMS unless strictly required.

  10. Stripe integration

    The Platform uses Stripe Connect to facilitate payments between Patients and Providers. By using the Platform, you agree to create and maintain a Stripe Connected Account and to be bound by Stripe's terms and conditions in connection with the same. All payments made by Patients are processed directly by Stripe and are subject to Stripe's own terms and conditions. MediMo does not itself collect or hold any funds on behalf of Providers.

    You acknowledge and agree that:

    • you are solely responsible for maintaining a valid and active Stripe Connected Account;
    • you authorise Stripe to process payments from Patients on your behalf and to deduct the agreed fees as per clause 14 instructed by MediMo;
    • you accept full responsibility for compliance with any laws or regulations relating to payment processing, tax, refunds, and financial reporting; and
    • MediMo shall not be liable for any delays, errors, or losses arising from the use of Stripe or related third-party financial services.

  11. Pricing your services

    How you price your services is entirely up to you and you can change the price for your services in your Account. If you change your prices in your PMS, it is your responsibility to update your Account to ensure that such price changes are reflected on the Platform. Please allow a reasonable time for revised prices to be displayed on the Platform. Patients will be charged the price shown on the Platform at the time of booking.

  12. Platform and Account availability

    We aim to make your Account and the Platform available on a 24/7 basis. We reserve the right to take some or all of our Systems offline as reasonably required for routine and emergency maintenance or repairs. We'll give you as much notice of such downtime as is reasonably possible. All communications using the internet may be affected by events outside our reasonable control.

  13. Dealing with Patient queries and complaints

    You are responsible for handling Patient queries, complaints, or issues related to the services you provide. We may forward user communications to you but are not responsible for resolving service-related disputes. However, we may assist in facilitating communication where appropriate.

  14. Fees and commission

    When a Patient pays for a booking on the Platform, you will receive the total price paid by the Patient for the booking. You will pay to us a platform fee which will be calculated as follows and paid in accordance with clause 15:

    • For new Patients making their first booking with you, the greater of: (a) 40% of the total price paid by the Patient for their first booking; and (b) £20; or
    • For existing or repeat Patients, 2% of the total price paid by the Patient for each subsequent booking.

    We will send to you a VAT invoice in relation to such platform fees or make invoices available through the dashboard within your Account.

  15. Payment process

    MediMo facilitates booking payments between Patients and Providers using Stripe Connect. Patients pay the full booking fee through Stripe, which processes payments directly into your Stripe Connected Account. You are the merchant of record for all such payments.

    You authorise MediMo to instruct Stripe to automatically deduct the platform fee from each payment made by a Patient and for MediMo to receive that platform fee (as per clause 14) into MediMo's Stripe account.

  16. How customers are refunded

    You acknowledge and agree that MediMo has sole authority and discretion to authorise refunds to Patients for bookings. You authorise MediMo to initiate such refunds directly through Stripe using available platform tools and integrations.

    Where a refund is initiated by MediMo in respect of:

    • a Patient cancellation as per the Patient cancellation policy (see clause 17), the total amount paid by the Patient will be automatically refunded via Stripe with the refunded amounts deducted from MediMo's and Provider's Stripe accounts in the same proportions as the original payment distribution. In the case of a partial refund, we reserve the right to adjust or reclaim a proportionate amount of the platform fee;
    • a Provider cancellation where the Patient declines to reschedule (see clause 18), the total amount paid by the Patient will be automatically refunded via Stripe with the refunded amounts deducted solely from Provider's Stripe account.

    You agree to honour any refund authorised by us in accordance with these terms. We shall not be responsible for any losses incurred by you because of a refund issued in accordance with these terms.

  17. Dealing with Patient cancellations

    You acknowledge and agree that the cancellation policy for all Patient bookings made via the Platform will be as follows:

    • cancellation requests received by MediMo within 24 hours of the scheduled booking: no refund; and
    • cancellations requests received by MediMo more than 24 hours before the scheduled booking: 100% refund.

    You acknowledge and agree that cancellation requests are only valid if Patients follow the Platform's cancellation process as set out in our Patient Terms of Use. You acknowledge and agree that we do not have any obligation to initiate a refund to a Patient if the Patient does not follow our cancellation process (for example, if a Patient notifies you of a cancellation rather than MediMo). We'll tell you if a Patient contacts us to cancel a booking.

  18. Dealing with Provider cancellations

    You acknowledge and agree that if you need to cancel a booking, you will notify the Patient directly and offer to reschedule. You will notify MediMo via email () to confirm whether the Patient has accepted a rescheduled booking. If the Patient has accepted a rescheduled booking, no refund is required. If the Patient declines a rescheduled booking, a refund will be issued in accordance with clause 16.

  19. Using each other's branding and other intellectual property rights

    All rights in the Platform and MediMo remain with us. You may not use our intellectual property rights without our prior written consent.

    You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and publish any content, data or information (including trade marks and branding) you provide to us in connection with you and your services ("Materials") for the purposes of listing your services on the Platform.

  20. Suspension of listings, ending this agreement and disputes

    We can suspend your listing on the Platform if we become aware, or have reason to believe, that what you've told us about your services is not true or up to date or doesn't comply with these terms or is otherwise unlawful.

    We can end this agreement and your rights to use the Platform if:

    • you've not complied with these terms;
    • you've become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under this agreement is at risk;
    • we reasonably consider that our continuing to provide services to you could expose us to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on our reputation or the other providers listed on the Platform;
    • we decide to stop providing the Platform; or
    • for any other reason at our reasonable discretion.

    We'll give you at least 30 days' notice that we are ending this agreement unless:

    • our legal, tax or regulatory obligations require us to end this agreement without such notice.
    • it's imperative for us to end this agreement either immediately or on shorter notice.
    • you've repeatedly breached this agreement.

    You have the ability within your Account to "disable" your practice or clinic from being shown to Patients on the Platform should you wish to cease receiving bookings through the Platform for a temporary period.

  21. How you can end this agreement

    You may stop using the Platform at any time. This agreement will end when you've informed us that you no longer wish to use the Platform and we've removed you from the Platform or if you delete your Account (subject to clause 23).

  22. Your obligations after this agreement ends

    After this agreement ends (for whatever reason) you must (unless we tell you otherwise) continue to comply with these terms insofar as they relate to Patient bookings received through the Platform before the agreement ended. You need only comply with the version of these terms which applied when this agreement ended.

  23. Our obligations after this agreement ends

    After this agreement ends (for whatever reason) we:

    • may remove you from the Platform and reject any booking received after this agreement ends; and
    • may delete your Account, except that we can keep it live until 60 days after your fulfilment of the last booking you received through the Platform.

  24. Limitations on liability

    Any arrangement, booking or contract for the provision of medical advice, assistance, diagnosis, treatment or procedure with any Provider listed on the Platform is made directly between you and the Patient and we are not a party to such arrangement, booking or contract. You acknowledge and agree that (a) you are responsible for and shall bear all liability for any complaint, grievance or any claim that a Patient may have that is in any way connected with you or the services you provide to a Customer; and (b) that we shall have no liability whatsoever in respect of the same.

    Nothing in these terms limits any liability (whether yours or ours) which can't legally be limited, including but not limited to liability for:

    • death or personal injury caused by negligence;
    • fraud or fraudulent misrepresentation; and
    • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

    The limitations and exclusions set out in this agreement don't apply in respect of any liability arising from our deliberate default.

    Subject to the foregoing, we won't be liable to you for:

    • loss of profits;
    • loss of sales or business;
    • loss of agreements or contracts;
    • loss of anticipated savings; or
    • any indirect or consequential loss.

    Except as otherwise set out in this clause, our total liability to you is capped at the fees paid or payable by you to us in the 12 month period immediately preceding the event leading to the claim.

  25. Claims and actions against us in connection with you or your services

    We'll pass on to you any complaints we receive about you or your services. However, if anyone, including (but not limited to) a Patient, any regulator, HMRC, couriers or any third party rights holder, makes a claim or takes any kind of action against us in connection with:

    • the services you provide to a Patient;
    • content you've uploaded to or otherwise distributed through our Systems including but not limited to your Account, information we display on the Platform based on the information we receive from your PMS or other Third Party Integrations, advertising, and any omissions or inaccuracies in such content;
    • your loss or misuse of a Patient's personal data or confidential information;
    • things we have or haven't done in reliance on information you've provided (or omitted to provide) to us, including our exercise of rights you've granted to us; or
    • things you have or haven't done including but not limited to any breach of these terms,

    (a "Third Party Claim") then you must indemnify us for any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers' fees) and all interest, penalties and legal costs and all other professional costs and expenses we incur arising out of or in connection with such Third Party Claim.

  26. Compliance with the law

    Both parties must at all times when doing anything in connection with this agreement comply with all applicable laws, statutes, regulations and codes from time to time in force.

  27. Data protection obligations

    Both we and you shall comply with all the obligations imposed under all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR), the Data Protection Act 2018 (and regulations made thereunder) or any successor legislation, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

    We will process any personal data collected in accordance with our privacy policy.

  28. Changes to these terms

    We'll let you know via email or another durable medium about any changes we're making to these terms, unless they're just minor changes which don't alter the terms' content or meaning. Normally we'll give you at least 15 days' notice before such changes take effect. We'll give you more notice if a change we're making impacts on the way you do things, either technically or commercially.

    We won't give you advance notice if we have to make a change with immediate effect, whether for legal or regulatory reasons or to protect MediMo, suppliers or Patients from fraud, malware, spam, data breaches or other cybersecurity risks.

    If you continue to use the Platform after we've told you about any changes, you will be deemed to have agreed to those changes and they will take effect immediately.

  29. Insurance

    You must maintain appropriate and up-to-date insurance coverage for all services you offer through the Platform, including professional indemnity and public liability insurance, and provide evidence of this upon request.

  30. Governing law and jurisdiction

    This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

    Each of us irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement, its subject matter or formation.

  31. Impact of events beyond your or our reasonable control (force majeure)

    Neither you nor we (the affected party) shall be in breach of this agreement or otherwise liable for any failure or delay in performing their obligations if such delay or failure results from events, circumstances or causes beyond the affected party's reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 4 weeks, the party not affected may end this agreement by giving 30 days' written notice to the affected party.

  32. We can transfer our rights and obligations under this agreement

    We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of our rights and obligations under this agreement.

  33. How we and you must protect each other's confidential information

    Neither you nor we (the recipient) shall at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other (the discloser) except:

    • to the recipient's employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the recipient's rights or carrying out its obligations under or in connection with this agreement. The recipient shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the discloser's confidential information comply with this clause; or
    • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

    The recipient shall not use the discloser's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

  34. Neither we nor you are bound by anything said but not included in this agreement

    This agreement (comprising these terms and the policies referred to in them) constitutes the entire agreement between you and us in relation to our services.

    Both you and we acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Both you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

  35. Informal changes to this agreement aren't valid

    Except as otherwise provided for in these terms, no variation of this agreement shall be effective unless it is in writing and signed by you and us.

  36. You and we can only waive our rights under this agreement in writing

    A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

    A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

  37. Invalidity of part of this agreement doesn't affect the rest of it

    If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

  38. Only you and we have rights under this agreement

    This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. Neither you nor we require the consent of any other person to rescind or vary this agreement.