myquickclinic

User Agreement

THE USER AGREEMENT

User Privacy Notice and all policies posted on our sites set the terms on which myquickclinic offers you access to and use of our site, services, applications and tools (collectively known as ‘Services’). You can find an overview of all our policies here. All policies, are incorporated into this User Agreement. You agree to comply with all of these policies when accessing or using our Services.

You are entering into a contract with MyQuickClinic. Myquickclinic is a platform that enables providers and clients who need a service to request and fulfil their health and care needs. The contract is directly between the client and the provider. Myquickclinic is not an employer or an auction site.

Myquickclinic does not own responsibility of provider’s listings or client’s listings. We may help to resolve issues that may arise but we have no control over and do not guarantee the existence, quality, safely or legality of the services or care needs advertised, the ability of providers to provide the care, the ability of the clients to pay for the service received or the truth or accuracy of the content, listings or feedback or that the provider or client will actually complete a transaction.

In connection with using or accessing our services you will not:

  • post, list or upload inappropriate contents,
  • breach or circumvent any laws, third-party rights or our systems or policies;
  • use our services if you are not able to form legally binding contracts (e.g., under 18 years) or are temporarily or indefinitely suspended from using our services;
  • fail to pay for the service received, unless you have a valid reason as set out in our policy or the provider has defaulted to provide a service or you cannot contact the provider or a clear typographical error is made;
  • fail to provide the services you have agreed to provide, unless you have a valid reason to do so as set out in our policy, for example the client fails to comply with the terms posted in your listing, or you cannot contact the client;
  • post false, inaccurate, misleading, defamatory, or libellous content;
  • take any action that may undermine the Feedback or ratings systems;
  • transfer your myquickclinic account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • use the contact information of other users for any purpose other than in relation to a specific myquickclinic transaction (which includes using this information to send marketing materials directly to myquickclinic users unless the user has given explicit consent to receiving these materials);
  • distribute viruses or any other technologies that may harm myquickclinic , or the interests or property of myquickclinic users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose;
  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any myquickclinic application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to myquickclinic . Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to myquickclinic or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
  • commercialise any myquickclinic application or any information or software associated with such application;
  • harvest or otherwise collect information about users, such as email addresses, without their consent; or
  • circumvent any technical measures we use to provide the Services.

If you are registering with MyQuickClinic as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on MyQuickClinic, you must comply with all applicable laws relating to such provision or receipt of service.

You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.

If (1) we believe you are violating the policy on selling or receiving services outside MyQuickClinic, you may be subject to a range of actions, including limits on your providing and receiving privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of provider to client, and recovery of expenses for policy monitoring and enforcement; and (2) you are a provider and you offer or reference your contact information or ask for the client’s contact information in the context of providing or receiving service outside of myquickclinic , you will be liable for all final value fees in consideration for the introduction to a client for that service on the myquickclinic platform, even if the service is not provided.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

ABUSING MYQUICKCLINIC

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel requests/services, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities;
  • we think that such restrictions will improve the security of the myquickclinic community or reduce our or another myquickclinic user’s exposure to financial liabilities;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
  • you fail to make full payment of any fees due for our Services by your payment due date.

When a provider or client issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both providers and clients.

FEES

The fees we charge for using our Services are listed on our fees page. We may change our fees, or introduce new fees from time to time by posting the changes on the myquickclinic site or via email 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

Provider Seller fees do not purchase exclusive rights to web pages on myquickclinic . We may, at our sole discretion and without consent from, or payment to
providers/clients, display third-party advertisements (including links and
references to) and listings from other providers/clients on any myquickclinic page.

If you are a provider, you are liable for transaction fees arising out of all sales made using some or all myquickclinic Services, even if sales terms are finalised or payment is made outside of myquickclinic . In addition, if you are a provider of service and you offer or reference your contact information or ask for a client’s contact information, you may be liable to pay a final value fee in consideration for the introduction to a client for that service on the myquickclinic site, even if the service is not provided

You are required to have a payment method on file when providing service using myquickclinic. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel. Bharghavi as part of your activity please can you make a list of how much the platform providers charge. Is 10% more? How much do paypal charge us? Is paypal going to be our payment mode? We will need to add the paypal fee also isn’t it. Maybe keep the fee at 2.8% initially as a sign up offer for a period and then increase it.

PROVIDER CONDITIONS

As a provider, we deem you to be operating Outside IR35 as an independent service provider. Register as a provider only if these clauses apply to you:

  • To be ‘outside IR35’ means that you are operating as a genuine business, and therefore operating outside of the IR35 rules;
  • If you are operating ‘outside IR35’, you are able to pay yourself a salary, draw the remainder of income as dividends, and remain responsible for your taxes as usual;
  • You set your fee or decide to provide your service for free;
  • You decide your working time, time-off and deliver service to the client by agreeing when and how to deliver the service according to your convenience;
  • Nothing in this contract prevents you from working for other clients;
  • If you have delivered a service that is not up to the standards expected, you are required to rectify it on your own cost/time;
  • You indemnify Myquickclinic against any liability that may be incurred due to your failure to provide the service to appropriate standards/negligence caused by you/breach of terms and conditions including but not limited to tax evasion from your side.

When listing a service, you agree to comply with the rules for providing service and selling services policy and that:

  • you are responsible for the accuracy, content and legality of the service listed and agree to list in accordance with the applicablelaws;
  • you undertake full accountability that you have the relevant qualification and experience to provide the service that you list to provide;
  • your listing may not be immediately searchable by keyword or category for up to 24 hours. myquickclinic does not guarantee exact listing durations;
  • content that violates any of myquickclinic’s policies may be modified, obfuscated or deleted at our discretion;
  • we may revise data in the myquickclinic service catalogue to supplement, remove, or correct information you have provided and, if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly;
  • where your listing appears in search and browse results may be based on certain factors such as listing format, title, activity, end time, keywords, cost, Feedback, myquickclinic policy compliance and detailed provider ratings.
  • Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other providers;
  • some optional upgrade features will only be visible on certain myquickclinic Services.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

CLIENT CONDITIONS

When buying a service, you agree to comply with the rules for clients and that:

  • you are responsible for reading the full item listing before requesting or committing to purchase a service;
  • you enter into a legally binding contract to purchase a service when you commit to buy a service or request a service;
  • you agree the fee and time/location of delivery of service with the provider directly.

Myquickclinic is a platform only and your contract is directly with the provider the minute you request a service or purchase a service.

CORRECTING MISTAKES IN PAYMENTS TO PROVIDERS AND CLIENTS

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the payment.

LIABILITY

We try to keep myquickclinic and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Services update and other notification functionality in myquickclinic’s Services may not occur in real time. Such functionality is subject to delays beyond myquickclinic’s control.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • your use of or your inability to use our Services;
  • pricing, or other guidance provided by myquickclinic;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any myquickclinic service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing myquickclinic section;
  • the duration or manner in which your listings appear in search results as set out in the Listing conditionssection; or
  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any services you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our providers and clients, user verification on the internet is difficult. We cannot and do not confirm, and are not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.

COMPENSATION

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of myquickclinic’s Services or your breach of any law or the rights of a third party.

LEGAL DISPUTES

If a dispute arises between you and myquickclinic, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and myquickclinic both agree to submit to the non-exclusive jurisdiction of the English Courts.

In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.

GENERAL

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

You agree that we may at any time and without notice set-off any of the amounts held in myquickclinic user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the myquickclinic (including, without limitation, in respect of any services provided by any member of myquickclinic ). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from a myquickclinic credit balance held or controlled by you.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this User Agreement at any time by email, or otherwise or directly on the site. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and a myquickclinic representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the myquickclinic site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

The User Agreement, the myquickclinic User Privacy Notice and all policies posted on our site are the entire agreement between you and myquickclinic and supersede all prior understandings and agreements of the parties.