About us. Thank you for visiting https://herohealthsoftware.net/ or accessing our App (the “Site”), which is operated by Hero Doctor Limited trading as Hero Health, registered in England and Wales under company number 10924177 (“Hero”, “us”, "our" or “we”). These terms and conditions, together with any documents referred to within (the “Terms”) govern your use of our Site, whether you are using the Site as a Patient or Healthcare Provider ("you" or "User").
What we do. We connect customers who may be patients ("Patients") with healthcare professionals (e.g., GPs, Nurses, Clinical Psychologists) and medical practices delivering healthcare services around the UK, including the administrators working on their behalf as end users (together "Healthcare Providers").
Our mission. The Hero platform automates Healthcare Provider administration of appointment scheduling and patient communication. For Patients, Hero aims to delight users by delivering intuitive appointment scheduling and seamless communication from their Healthcare Provider.
Accepting our Terms – end User agreement. These Terms are applicable to all Users of the Site. If you do not set up an account with us, by using our Site, you agree to comply with these Terms. If you do set up an account with us, please tick the relevant box when you are prompted to read and accept these Terms to confirm you agree to comply with them.
Licence to use Site. We grant you a limited, non-exclusive, non-transferable and revocable licence to use the Site, subject to these Terms.
We are not a party to the transactions that take place on our Site. The transactions that take place through the Site are between the Patient and the Healthcare Provider and will be subject to a separate agreement between the Patient and Healthcare Provider. The Healthcare Provider will provide their own terms of service to this extent, which we have no control over. This means that any disputes that arise between a Patient and a Healthcare Provider must be resolved directly between Users, without Hero’s involvement.
Site changes. Sometimes we update the functionality of the Site to remove or change our features or add additional services. We'll do our best to let you know if any of these changes significantly impact your use of the Site.
We’ve worked hard to make sure these Terms are easy to understand and avoid legal jargon. Please read them carefully because they are legally binding.
1 SETTING UP AN ACCOUNT
1.1 You can choose whether or not you set up an account. You can access our Site without setting up an account. If you set up an account with us as a Patient, we provide you with an interface through which you can enact and manage your (or your dependents) appointment scheduling, communication and payment with a Healthcare Provider. If you setup an account as a Healthcare Provider, you can manage appointment scheduling, communication and payment information for Patients using services offered by you as a Healthcare Provider.
1.2 What can Patients do on our Site? We enable Patients to check live appointment availability and instantly book (and where necessary pay for) healthcare appointments offered by a Healthcare Provider. In order to book an appointment with a specific Healthcare Provider you will either need to create an account at that practice or have an account created for you by the Healthcare Provider. This requires you to input basic information about yourself and/or your organisation (if applicable). For further details about what information you input and how we use and look after it, please see our Privacy Policy.
1.3 What can Healthcare Providers do on our Site? Healthcare Providers may use the Site to manage their appointment scheduling, send communications and complete other actions for or on behalf of Patients (such as sending invoices, or issuing private prescriptions).
1.4 If you set up an account, please keep your details safe. If you create an account, only use your unique login credentials (either chosen by you or provided to you, as applicable). You must treat such account information, including your password, as confidential and must not disclose it to any third-party. You must promptly notify us if you suspect anyone else has obtained access to your account. You must immediately notify us if your password has been stolen or compromised by sending an email to notifications@herohealth.net..
1.5 Creating an account via a third-party.There may be occasions where you may be able to connect to the Site through a third-party service, such as Facebook or Google or through a Healthcare Provider's site. Where you connect to our Site through a third-party service, if you tick the relevant box when setting up your account, you give us permission to access and use your information from the Healthcare Provider for the purposes of providing you with our service – this may include sharing your information with other Healthcare Providers upon your request. Please refer to our Privacy Policy for details of what data we access from your Healthcare Provider. Hero has no control over the content, accuracy, privacy policies, or practices of or opinions expressed by any such Healthcare Provider and therefore takes no responsibility for them.
1.6 We can terminate, suspend or withdraw access to the Site at any time. We permit access to our Site to you on a temporary basis, and we reserve the right to withdraw your access or amend the content we provide on our Site without notice. We will not be liable if for any reason our Site and content is unavailable at any time or for any period.
1.7 Termination for your breach. Your right to access and use the Site will end immediately if you breach any of these Terms. Users must let us know of potential breaches of the Terms and we will investigate this and may report any misuses to the relevant authorities and regulators as required.
1.8 Charges. Our Site is made available free of charge, however we reserve the right to change our charging policies at any time. We will always give you reasonable notice before we introduce any charges.
2 SITE CONTENT
2.1 Our Site and Content on our Site is provided "as is". All content on the Site is provided by reputable health care specialists for general information only. Hero does not make any assurances that content posted from third-parties on the Site is true. This is particularly relevant to professional qualifications, medical content, the quality of the Healthcare Provider's work, price information, insurance coverage, or other services listed through Hero. In no event shall we be liable to you for any decision made or action taken by you in reliance on such content. We also do not in any way endorse or recommend any individual or entity listed or accessible through our Site.
2.2 No guarantees in respect of content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
2.3 Types of content on our Site. You will be able to access content on our Site including information about:
2.3.1 appointments (such as scheduling a video consultation with a GP);
2.3.2 products (such as home blood test kit, home PCR test kit);
2.3.3 services (such as membership at a practice and information about each practice); and
2.3.4 Healthcare Provider profiles which will allow you to select a service provider.
2.4 Always seek professional medical advice. The purpose of our Site is to allow Patients and Healthcare Providers to connect with one another. Content posted on Hero’s channels is intended to be useful but is in no way a substitute for professional medical help, diagnosis or treatment. Nothing posted on the Site should be taken as a replacement for seeking help from a medical professional. If you rely on any content provided on the Site, you do so solely at your own risk. It is not intended to amount to advice on which you should rely. We are also not responsible for the delivery of any medical services that are booked on this Site and have no liability for the outcome of any such services.
2.5 Third-party content. Our Site may include information and materials uploaded by other Users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Site do not represent our views or values and we are not responsible for any content which is not published by us and have no control over content of any third-party sites or resources linked to our Site.
2.6 Intellectual property ownership. We are the owner or the licensee of all intellectual property rights in our Site, and the content published on it. We retain ownership of all intellectual property rights in the Site, any modifications, adaptations, or developments to it, and any data derived from your use of the Site. You also assign to us with full title guarantee all intellectual property rights in any feedback, comments or suggestions you may have in connection with the Site, which we may incorporate into the Site. Those works are subject to copyright and are protected by worldwide intellectual property laws. All such rights are reserved.
2.7 Use of copyright and other intellectual property. You agree not to use, post, distribute or reproduce in any way any copyright material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
2.8 You are solely responsible for securing and backing up any content you upload onto the Site. We cannot be responsible for any content that you do not properly secure or back-up.
2.9 Unacceptable content. You will not submit any content that contains offensive, obscene or otherwise unlawful references, offensive language, or other material that we may consider could bring us or the Site into disrepute.
2.10 We may remove content. We reserve the right, but have no obligation, to reject or remove any content that does not comply with these Terms.
2.11 Do not commercialise any Site content. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
2.12 Public content you upload to our Site is non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by providing content to the Site, you are granting us and other Users permission to use that content for the purposes that it is provided, including publishing the content on the Site and as otherwise permitted in accordance with these Terms.
2.13 You may print off one copy, and may download extracts, of any page(s) from our Site. Any copies you make are solely for the purposes of evaluating our products and services for your own purposes, on the basis no content is modified in any way and any proprietary notices are not removed.
3. Anti-Spam Policy
3.1 Any User of the Site is expected to comply with our Anti-Spam Policy which states that:
3.2 Users must inform us as soon as possible about the receipt of any Spam messages from other Users. Please visit our Contact Us page to let us know.
3.3 If we believe that Spam messaging is being sent by a User, we may immediately suspend all or part of your use of the Site and our services (including the messaging service) whilst we investigate the matter. Suspension may be permanent if we find that you have breached this Anti-Spam Policy.
4 SPECIFIC RESPONSIBILITIES
Generally
4.1 When using the Site, you agree that:
4.1.1 you are solely responsible for interactions with other Users of this Site (if any), and that you are solely responsible for all content you publish or post to this Site or transmit to other Users of this Site;
4.1.2 you may only use the Site in compliance with these Terms and all applicable laws;
4.1.3 you will always provide complete and accurate information;
4.1.4 you will not use it in any way that could damage, disable, overburden, or compromise our systems or security, or interfere with other Users; and
4.1.5 you will not knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack or a distributed denial-of-service attack.
4.2 We shall:
4.2.1 provide the Site in accordance with applicable law and have in place the necessary rights and permissions and licences to provide the Site; and
4.2.3 use reasonable endeavours to keep the Site available, but make no guarantees regarding such availability or that the Site will be uninterrupted or subject to errors. The Site may experience downtime or outages (some of which may be beyond our reasonable control).
As a Patient
4.3 Whilst access to the Site is free, you are responsible for any charges and expenses when you book an appointment with a Healthcare Provider.
4.4 For private services offered by Healthcare Providers, you may be required to make a payment when booking an appointment or obtaining a service from a Healthcare Provider. By completing this payment, you understand that your payment details may be stored securely by our payment processers, Stripe (PCI Level 1 Service Provider) or GoCardless and that Healthcare Providers may initiate payments on your behalf through the Site. These payments may be taken on a one-off or recurring basis depending on your agreement with your Healthcare Provider. You understand the payment amount will be determined by the Healthcare Provider. Please review the payment provider’s terms and conditions before using this payment service. You are solely responsible for providing accurate information to these payment providers.
4.5 You are responsible for any medical information you enter onto the Site. We have no responsibility for any such information that you upload. This is only accessed and reviewed by our in-house support team as part of managing the Site and the relevant healthcare Provider and their practice.
4.6 Appointment cancellations and refunds. If you wish to obtain a refund for a cancelled appointment this will be subject to the Healthcare Provider's terms that you signed up when booking the appointment. You should contact the relevant Healthcare Provider directly.
As a Healthcare Provider
4.7 Your status as a Healthcare Provider. You will use the Site in your capacity as a healthcare professional only.
4.8 Your terms of service. You must notify Patients of your terms of service (e.g. regarding appointment cancellations and refunds) when they sign up to create an account with you, or when you provide them with their account credentials.
5 LEGAL INFORMATION
5.1 We do not provide medical advice. When you use our Site, you acknowledge that Hero is not responsible for the provision of medical advice received from Healthcare Provider as a result of you accessing content and booking appointments with Healthcare Provider on our Site.
5.2 We are not responsible for the conduct of the Healthcare Providers. We encourage Healthcare Providers to use the Site responsibly but have no control over any of the Healthcare Providers at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting from them. Please refer to the terms and conditions of the Healthcare Provider.
5.3 We are not responsible for your choice of Healthcare Provider. We take no responsibility for whether your choice of Healthcare Provider is suited to your particular needs. We are not responsible for showcasing doctor’s specialities, experience, qualifications, licenses and other information that may be important to the User.
5.4 Our right to take legal action. In addition to our rights in these Terms, we may take any legal action and implement any technological measures to prevent breaches of the restrictions set out in these Terms and to enforce these Terms.
5.5 We don’t exclude or limit our liability to you to the extent it would be unlawful to do so. This includes liability for death or personal injury caused by us due to our negligence, fraud, or breach of your consumer rights.
5.6 Our liability. Subject to sections 5.5 and 5.7, our total liability is limited to £50,000 in aggrege for any claims relating to the Site in contract, tort or otherwise. We also exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it and will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
5.6.1 use of, or inability to use, our Site; or
5.6.2 use of or reliance on any content displayed on our Site.
5.7 We are not liable for losses we cannot predict. In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
5.8 Viruses. We do not guarantee that our Site will be secure or free from bugs or viruses. You should use your own virus protection software.
5.9 Updating our Site and these Terms. We may update and change our Site from time to time to reflect changes to our services, our Users' needs, changes in the law, regulatory requirements and our business priorities, which may also require changes to these Terms. Every time you wish to use this Site, please check these Terms to ensure you understand the terms that apply at that time.
5.10 What laws apply to these Terms? These Terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
These Terms were last updated on 23 May 2023. Previous versions are available on request.
