GP Consultation Terms and Conditions

Our goal is to improve people’s health through the use of technology. We’re guided by our core values of compassion, empathy, diversity, integrity and innovation. So it is great that you have chosen to be a part of this journey with us.

Rainbow, Rainbow Labs and Mercuri are trading names of Rainbow Diagnostics Ltd. 

Before we get started, please remember that Rainbow should not be used in the event of an emergency. Please ensure that you call 999 or go to your nearest Accident and Emergency unit.

If you are receiving healthcare services from Rainbow Diagnostics Ltd (“Rainbow”) as a benefit under an insurance contract, then please note that only section 9 of these Terms and Conditions will apply.

Before you start using Rainbow’s GP Appointments, please read these T&Cs which set out some important information including:

  • what you can expect when you use Rainbow and receive remote healthcare;
  • what is expected of you when use Rainbow; and
  • in the event that you have a complaint, how you should raise this.

 

You are required to accept these T&Cs before you use Rainbow. If you would like to query anything beforehand then please feel free to contact Rainbow Support at support@rainbowlabs.co.uk.

1. Who we are

1.1 Rainbow Diagnostics Ltd located at 86 Harley Street, 1st floor is the owner of the platform including Website and App used to provide digital healthcare through a computer or smartphone application (the “Rainbow Platform”) to patients who have downloaded the app (the “Rainbow App”). Rainbow can be used to, amongst other things, book an appointment with a licensed healthcare practitioner, which includes GPs and nurses (“Healthcare Practitioner”) for medical advice via a digital video consultation which will be provided by the Healthcare Practitioner on behalf of a licensed healthcare provider (“Medical Consultation”).

1.2 All Medical Consultations delivered via Rainbow are delivered by a Healthcare Practitioner on behalf of a licensed healthcare provider (“Healthcare Provider”). You will be notified of the actual Healthcare Provider at the time of booking your Medical Consultation. Rainbow will provide you with certain services to support your Medical Consultation and unless specified otherwise, will also be your Healthcare Provider.

1.3 Any references to “we”, “us” and “our” in these T&Cs are references to Rainbow.

2. Rainbow services

2.1 There are currently four ways to have a Medical Consultation through Rainbow:

2.1.1 Rainbow has partnered with a number of GP surgeries in England (“Partner Surgeries”) to enable patients registered at one of these Partner Surgeries to access Medical Consultations via Rainbow (“NHS Service”).

2.1.2 To enable Rainbow to provide healthcare to all patients in England, Rainbow has launched a pay-as-you-go service which enables patients to access Medical Consultations via Rainbow for a fee (“Pay-as-you-go Service”).

3. How the NHS Service on Rainbow works

3.1 As mentioned above, Rainbow has a number of Partner Surgeries and patients of these Partner Surgeries can access Medical Consultations via Rainbow. To find out if you are eligible for the NHS Service please either (i) check the list of Partner Surgeries on Rainbow’s website at https://www.Rainbow.co.uk/ to see if your GP surgery is included, or (ii) complete the account registration process which involves the following steps:

3.1.1 provision by you of certain basic personal information and a selfie. Please note that you must be at least 16 years old to use Rainbow.

3.1.2 acceptance by you of these T&Cs and acknowledgement that you have read the Privacy Notice; and

3.1.3 a search for the GP surgery where you are registered in the practice selector. If your GP surgery is a Partner Surgery then you can create an account. If not, we will unfortunately not be able to offer the NHS Service to you.

3.2 Once your account has been registered you will be able to book a Medical Consultation by answering a series of short questions regarding the symptoms that you are experiencing. Please note that not all medical conditions are suitable for a digital consultation and you should not use Rainbow in cases of emergency.

3.3 The Medical Consultation will take place and you will be informed, prior to booking, who will be the Healthcare Practitioner.

3.4 At the start of the Medical Consultation the Healthcare Practitioner will ask you to confirm certain information from your medical record in order to verify your identity and protect the confidentiality of your medical record. If you are unable to answer these questions to the satisfaction of the Healthcare Practitioner then your Medical Consultation will be terminated. In that situation, the Healthcare Practitioner will advise you of alternative options for seeking care.

3.5 You can use your account to book an appointment for a child that you have parental responsibility for provided that:
3.5.1 they are aged between 2 and 16;
3.5.2 they are registered at the same GP surgery as you; and
3.5.3 their medical record contains the same home address as your medical record.
Please see our FAQ for more information.

3.6 Some of our partner GP surgeries also use the Rainbow Platform to offer their registered patients a Medical Consultation with a Healthcare Practitioner from the GP Surgery. If your GP surgery offers this service then you will be provided with the option of booking an appointment with a Healthcare Practitioner from your GP surgery when booking your Medical Consultation. In such cases, your GP surgery is the Healthcare Provider.

4. How the Pay-as-you-go Service on Rainbow works

4.1 You will need to book an appointment on our website and complete the account registration process which involves the following steps:

4.1.1 provision by you of certain basic personal information. Please note that you must be at least 12 years old to use Rainbow;

4.1.2 acceptance by you to these terms and conditions and an acknowledgement that you have read our Privacy Notice; 

4.1.3 select the time slot that you need and complete the checkout process using our third party payment provider. Please refer to their website for their terms and conditions. We reserve the right to change the price of the Pay-as-you-go Service from time to time.;

4.1.4 verification of your identity by uploading an image of an official photo ID document (you will receive and email asking you for this). Please note that you will not be able to have a Medical Consultation until you have met our ID verification requirements

4.2 Please note that not all medical conditions are suitable for a digital consultation and you should not use Rainbow in cases of emergency.

4.3 The Medical Consultation will take place and Rainbow Diagnostics Ltd will be the Healthcare Provider.

4.4 At the start of the Medical Consultation the Healthcare Practitioner will confirm your video likeness matches the ID you provided in order to confirm your identity and protect the confidentiality of your medical record. If the Healthcare Practitioner is unable to confirm your identity to their satisfaction, your Medical Consultation will be terminated.

5. During your Medical Consultation

5.1 All GPs conducting Medical Consultations on Rainbow are GMC registered. All other Medical Practitioners are licensed with their relevant bodies.

5.2 You will provide the Healthcare Practitioner with accurate information as requested and any information which you feel is relevant for them to know.

5.3 You agree to treat all of our staff and all Healthcare Practitioners which you come into contact with, with dignity and respect. We do not tolerate any abusive or offensive language or behaviour and reserve the right to terminate your account and block access to Rainbow in the event that you are in breach of this.

5.4 If you are using our Pay-as-you-go Service then you will be asked to consent to the Rainbow Healthcare Practitioner accessing your summary care record, if you have one.

5.5 We are unable to treat children under 12 years of age without having access to their summary care record.

6. Outcomes from your Medical Consultation

6.1 If the Healthcare Practitioner determines during your Medical Consultation that you require:

6.1.1 a prescription, then this will be sent to the pharmacy of your choice within England (we cannot send prescriptions outside of England);

6.1.2 a referral, then:

6.1.2.1 if using the NHS Service this will be sent via secure email, fax or post to the appropriate clinic or via the electronic referral service. If you use the NHS Service but request a private referral then this will be sent to you directly within Rainbow. 

6.1.2.2 if using the Pay-as-you-go Service then this will be sent to you directly within 

6.1.3 a sick note, then:

6.1.3.1 if using the NHS Service or the Pay-as-you-go Service this will be sent directly to you within Rainbow; or

6.2 Please note that we do not provide prescriptions for controlled drugs (as defined by the Misuse of Drug Act 1971), except codeine in medically appropriate situations.

7. Charges

7.1 If you use the Rainbow’s NHS Service through partner clinics then you will not be charged for any Medical Consultations provided via Rainbow or any outcomes e.g. sick notes, referrals etc. If you are provided with a prescription then you will be required to pay the standard NHS prescription charge to obtain the medication.
If you are using the Pay-as-you-go Service then payment will be made via Rainbow before you have the Medical Consultation. In the event that the Healthcare Practitioner provides a prescription then this will be a private prescription and accordingly the cost of the medication will be set by the pharmacy which fulfils it. Please see section 12 below for details of our refund policy.

8. Marketing

8.1 By registering for an account in Rainbow, you accept and confirm that your contact details may be used by Rainbow to send offers and information related to the service via email and push notifications. You can opt-out of email marketing and push notifications at any time by changing your settings in Rainbow or through the opt out link provided in all marketing communications sent to you.

9. Cancellation of a video consultation and refunds

9.1 If you have pre-booked a Medical Consultation on the NHS Service then this can be cancelled or changed at any time prior to the start of the Medical Consultation. However, we would ask that you give us at least 15 minutes notice to enable us to provide someone else with the opportunity to use the appointment.

9.2 If you have joined the drop-in queue for a Medical Consultation on the NHS Service, then you can choose to drop out of the queue at any time prior to the start of the Medical Consultation.

9.3 If you use our Pay-as-you-go Service then you can cancel your Medical Consultation at any time before it starts and receive a full refund. For the Pay-as-you-go Service the cost will be refunded automatically and you should receive this within 5-10 business days. If you do not receive this then please contact Rainbow Support at at support@rainbowlabs.co.uk.

9.4 If you would like to claim a refund in any other situation then please contact Rainbow Support at at support@rainbowlabs.co.uk.

10. Rainbow’s Responsibilities

10.1 Although Rainbow makes reasonable efforts to keep the information on the website up to date, Rainbow does not make any representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up to date. Content on the website is not intended to be medical advice. It is provided for general information only and must not be used as a substitute for a healthcare provider’s assessment, diagnosis or treatment of any illness or disease.

10.2 Rainbow does not warrant that the availability of Rainbow will be free from disruptions. Disruptions may be caused by a variety of factors including:
a) errors/problems with your hardware/equipment, network, software or errors in software that is part of a third-party product;
b) other circumstances that you are responsible for;
c) a virus on your device or other security threat; or
d) a circumstance outside of our control.
Disruptions or errors in Rainbow’s availability should be reported without delay to Rainbow Support at support@rainbowlabs.co.uk

10.3 Where Rainbow is the responsible Healthcare Provider, Rainbow will ensure that the Medical Consultation is provided using a level of reasonable skill and care by a Healthcare Practitioner. The Healthcare Practitioners will be either employed by Rainbow or will provide their services by way of a third party.

10.4 Rainbow Support will support you with any queries related to your Medical Consultation. You can contact them at support@rainbowlabs.co.uk.

11. Our Liabilities

11.1 If we fail to comply with our obligations as set out in these T&Cs, and you are not in breach of any of your obligations, then we will be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these T&Cs or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these T&Cs, both you and we knew it might happen.

11.2 Liability is not excluded or limited in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.

11.3 Rainbow is provided on an “as is” basis without any warranties.

12. Your Responsibilities

12.1 You are responsible for ensuring that all information and contact details provided to us are relevant, correct, and kept up to date. Any changes to information must be reported without delay, by contacting Rainbow Support at support@rainbowlabs.co.uk.

12.2 With respect to the Pay-as-you-go services, you are responsible for providing us (or our agent as relevant) with valid identification documents which prove your identity (and with respect to child appointments, which prove your parental responsibility for that child) and you warrant that you have done so. You acknowledge and accept that we have no liability for any injury, damage, loss or other detriment that you suffer as a result of incorrect identification documents being provided to us or our agents.

12.3 You are responsible for all actions relating to the use of your account in Rainbow and shall ensure that your account is used in accordance with these T&Cs. Your account may only be used by you and may not be used by, or transferred to, another person. The only exception to this rule are legal guardians who may use their own account on behalf of a child, provided that the child is between the ages of 2 and 12.

12.4 If you know or suspect that anyone other than yourself has obtained access to your account, you must promptly notify Rainbow Support by emailing support@rainbowlabs.co.uk.

12.5 We do not guarantee that the Rainbow website will be free from faults and we will not be responsible for any damage caused as a result of using the Rainbow website.

12.6 You must not (i) misuse Rainbow by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; (ii) attempt to gain unauthorised access to Rainbow, the server on which Rainbow is stored or any server, computer or database connected to Rainbow; or (iii) attack Rainbow via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Rainbow will cease immediately.

12.7 If you are a resident of England then you are permitted to use Rainbow outside of the UK but it is then your responsibility to ensure whether this is in accordance with the laws of the country where you are located. We provide our services in accordance with English laws and regulations and cannot guarantee that this will comply with the rules of the country where you are located. If you are not a resident of England, then you must be located in England at the time of your Medical Consultation.

13. Intellectual Property Rights

13.1 We own or have a licence to use, all intellectual property rights (including copyright, trade marks etc) in Rainbow, the Rainbow Platform, the Rainbow website (Rainbowlabs.co.uk and mercurihealth.com), our services and their content (“IPR”).

13.2 We agree to grant you a limited licence to access and make personal use of Rainbow. You must not use our IPR in any other manner, which includes, but is not limited to, copying, distributing or making commercial use of our IPR.

13.3 You must not reproduce, duplicate, copy, sell or otherwise commercially exploit Rainbow or the Rainbow Platform without our express written consent.

13.4 You must not use any of our logos or trademarks without our express written permission.

14. Unauthorised use and information

14.1 We take all forms of unauthorised use of your account and Rainbow in breach of these T&Cs and/or our policy regarding security, ethics, etc. seriously. You are not, among other things, permitted to record any Medical Consultations or take photos or screenshots of the Healthcare Practitioner performing the Medical Consultation. If you breach these T&Cs, or we suspect that your actions will lead to a breach, then we may take action against you, including terminating the Medical Consultation and blocking you from Rainbow.

14.2 We reserve the right to, with reasonable prior notice to you, remove information from Rainbow, close your account or pursue other measures due to your breach of these T&Cs, to protect the accountability or reputation of Rainbow. We also reserve the right to cancel the agreement between us in accordance with clause 19 below.

14.3 If you have breached these T&Cs or used Rainbow in an unlawful or unauthorised manner, you are responsible for compensating us for any damage that results from such actions (including, but not limited to, legal fees and other claims from third parties).

15. Term and cancellation

15.1 If you register an account for the NHS Service or Pay-as-you-go Service, you may at any time cancel your account with immediate effect. In the event of cancellation, we will remove all access to your cancelled account and any stored information relating to you will be processed as further set out in our Privacy Notice.

15.2 We may terminate your access to Rainbow, effective immediately, if you are in breach of these T&Cs. In the event of such a cancellation, your account will be terminated. Information about you that has been stored will be processed as further set out in our Privacy Notice.

15.4 If your account has been terminated in accordance with this clause then you must not re-register or register a new account without our express written permission. Please contact Rainbow Support at support@rainbowlabs.co.uk.

16. Product development and changes in T&Cs

16.1 We reserve the right to change the scope and function of your account and Rainbow. Product and service developments could relate to, although not exclusively, layout, content or functions and may entail alterations to these T&Cs. Such changes will be communicated through Rainbow and/or via email. The T&Cs in force will be available on Rainbow.

16.2 Updates to Rainbow will be made available from time to time and you are required to download these to ensure that you can make use of all functionality within Rainbow and that you have accepted the latest version of these T&Cs. You may be prevented from having a Medical Consultation until you have done so.

16.3 Rainbow can only be used on iOS devices running iOS 11 or higher, or Android-enabled phones running Android v6.0 or higher. A consistent 4G or faster data connection (e.g. a fast Wi-Fi connection) is required and Rainbow does not operate reliably on 3G, GPRS or EDGE connections.

17. Inability to deliver the service

17.1 We may not be able to provide Medical Consultations or otherwise make Rainbow available to you in the event that circumstances arise which are outside our control, for example a strike, fire, government authority action, labour disputes, accidents, closures or malfunctions of public communication systems.

17.2 In the event that any of the circumstances listed at 17.1 above continues for a period of one (1) month, both you and we will have the right to immediately terminate the agreement between us as set out in these T&Cs.

18. Notifications

18.1 You must provide us the email address and phone number for which you wish to receive confirmations, reminders and other notifications from us. In the event your contact details change, you must notify us of your contact details without delay. Other notifications should be communicated via email.

18.2 The notification is considered to be delivered:
a) if sent by email or text message; when delivery to the recipient is confirmed
b) if sent by pre-paid mail, two days after submission to the post service; or
c) if sent by courier; upon delivery / acceptance by the recipient.

19. Personal Data

19.1 We refer to our Privacy Notice for detailed information on how we process your personal data including clear instructions on your rights and how you can exercise such rights.

20. Complaints

20.1 If you have any complaints about the services that we provide or a dispute regarding these T&Cs then please submit your complaint here.

20.2 If we are unable to resolve your complaint to your satisfaction and your complaint relates to:

20.2.1 healthcare services provided through Rainbow then you can refer the matter to the Parliamentary and Health Service Ombudsman (PHSO) or Local Government Ombudsman (LGO) or the Independent Sector Complaints Adjudication Service (ISCAS) who will provide an independent adjudication on your complaint. You may also report your complaint to the Care Quality Commission (CQC), your local Clinical Commissioning Group (CCG) or NHS England; or

20.2.2 anything other than the healthcare services, then you can refer the complaint to mediation in accordance with the Centre for Effective Dispute Resolution’s independent mediation scheme for patients. You may also submit a disagreement with us for online resolution to the European Online Dispute Resolution platform at (European Commission Online Dispute Resolution platform.)

20.3 These T&Cs are subject to the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction to hear any claim arising out of them.

21. General conditions

21.1 The agreement between you and us, as set out in these T&Cs, is personal to you and may not be transferred by you to any other person without our express written consent. Only you can enforce these T&Cs, although you can enforce them in respect of a child who has made use of our services in accordance with these T&Cs.

21.2 We reserve the right to employ sub-suppliers to fulfil our rights and obligations under these T&Cs.