1.1 Check My X-Ray is a platform allowing orthopaedic medical doctors (meeting the definition of a Professional, see below) to offer initial consultation services to potential clients through telemedicine, clients or their lawful parents or guardians to manage and place bookings, and facilitating the provision of communications between Professionals and their clients.
1.2 These terms of use (Terms) and the documents referenced in them create a legal agreement between you and Acromion Ltd T/A Check My X-Ray (referred to as we, us, our or Check My X-Ray in these Terms) in relation to the digital marketplace platform (Platform) we provide. Our registered office address is 6 Annadale Avenue, Belfast, United Kingdom, BT7 3JH. Our company number is NI718910.
1.3 We use certain defined terms within these Terms, which have the meanings given to them in clause 2.
1.4 By accessing and/or using the Platform, you are agreeing to these Terms.
1.5 Your attention is in particular drawn to:
(a) any clauses of these Terms which are in bold text;
(b) the fact that, because we do not provide the Consultation Services (merely a platform by which the Consultation Services can be provided), we are not responsible for the provision, non-provision or wrongful provision of the Consultation Services and Supporting Content (nor for any other interaction between Professional or Customer conducted via the Platform or occurring as a result of the Platform) and we have no authority or ability to negotiate or vary the terms of any agreement or Booking entered into between you and the Professional;
(c) that any claim in respect of the Consultation Services or connected to them is solely between you and the relevant Professional as noted in clause (b) above).
1.6 The platform is not intended to be used in any situation where you or your child or ward require:
(a) urgent medical or clinical advice from a doctor or other medical professional;
(b) the prescription of any drugs or medicine or other treatment;
(c) any emergency, critical or life-threatening care (in respect of which you should immediately dial your local emergency services number or seek alternative emergency medical services); or
(d) anything other than a second opinion in a matter involving orthopaedic assessment which is appropriate in a remote telemedicine context (the above being Excluded Care).
1.7 If you are taking any medication, receiving any treatment (or feel you require any treatment), or otherwise require any Excluded Services that are not appropriate for the Consultation Services, you should advise the Professional you are consulting with of this over the course of any Booking, where applicable, so they can assess whether the Consultation Services are appropriate for you.
1.8 You can access these Terms at any time at checkmyxray.com. We reserve the right to update these Terms from time to time by posting the updated version at that URL. This version 1 of these Terms was most recently updated on June 2025. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Platform. You should read these Terms carefully before using the Platform.
1.9 Every time you order or are provided with Consultation Services by means of the Platform, these Terms as they are in force at that time (and available for view on our website) will apply to the contract between you and us for provision of and/or booking and payment of/for the relevant Consultation Services you may book.
1.10 By using the Platform, you agree that you are a private individual at least 18 years old, or, if higher, the age of majority in the country in which you reside or from which you are accessing the Platform. If you are under 18 years old, you must not use the Platform. For clarity, that does not restrict parents or guardians using the Platform Services to purchase Consultation Services on behalf of their child or ward, but they must ensure that the relevant parts of these terms are appropriately communicated to and agreed by their child or ward, where required by law.
1.11 To access the Platform, you must procure and utilise, in respect of the web app, a functioning hardware system and software facilitating access to the following modern and high usage web browsers, namely: Chrome, Mozilla, Firefox, Safari or MS Edge, for the current and previous version of each such browser, or such other relevant software and/or hardware reasonably notified by Check My X-Ray from time to time. You should be aware that from time to time certain features may be optimised for particular browsers (and user experience diminished on other browsers), and that the platform is optimised for use on a mobile or tablet device browser.
For ease of reference the following terms shall having the following meanings in these Terms:
Account Data means any personal data we may be able to determine connected to your account on the Platform, in the circumstances outlined in our Privacy Policy.
Applicable Laws means all applicable international and local laws, regulations, binding (or non-binding) regulatory requirements now or from time to time in force in any Relevant Jurisdiction which may be binding on the Professional or Check My X-Ray or provision of the Consultation Services, including any rules, guidance, standard or recommendations of its (or the) relevant Certification Bod(y)(ies) (whether or not legally binding) in terms of the provision of services similar to the Consultation Services in the Relevant Jurisdiction(s), including, within the UK, the provisions of applicable equality and non-discrimination legislation.
Booking means a contract for the provision of Consultation Services entered into between you and the Professional by means of the Platform, and Book shall be construed accordingly.
Booking Request means a request from you made by means of the Platform, for the supply of Consultation Services.
Certification Body means, where applicable, the relevant professional body within the Relevant Jurisdiction both regulating and keeping a register of accredited orthopaedic doctors / Professionals who are required to register with such bodies and adhere to their standards for training, professional skills, qualifications and behaviour (including the provision of Consultation Services). For clarity, as of the date these Terms were published, this is the General Medical Council in the UK (the GMC).
Charges means the sums agreed between you and a Professional, and specified on the Platform at the point of Booking, as being payable in respect of Consultation Services under a Booking.
Consultation Services means any remote orthopaedic consultancy diagnosis or consultation services (as it is defined and regulated in each Relevant Jurisdiction, including by the applicable Certification Body, and excluding provision of any Excluded Care)) arranged by means of the Platform (and includes, as the context permits, where the Consultation Services are provided for the benefit of a child or ward, accompanied by their parent, guardian or next of kin, who may have placed the Booking, each of the relevant individuals, including a Synchronous Consult or Non-Synchronous Consult (as defined in clause 3.2(b) below).
Data Protection Laws means any relevant data protection laws having legal force in the UK from time to time, including (as applicable) the Data Protection Act 2018 and the UK General Data Protection Regulation (and any replacement or substitute for either).
Excluded Care has the meaning given in clause 1.6.
Feedback means any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback on Check My X-Ray or its products or services.
Payment Service Provider means any independent payment service provider whose software may be integrated into the Platform from time to time, and whose software may be utilised by Check My X-Ray to facilitate payments from you.
Platform has the meaning given in clause 1.2 above.
Platform Services means the software as a service provided by our Platform, which facilitates the provision of Consultation Services by Professionals to you.
Privacy Policy means our privacy policy, as further defined in clause 1.3 above, which is available at checkmyxray.com. Professional means any person, company or partnership registering as provider of, and providing Consultation Services by means of the Platform and/or utilising the Platform to promote and take payment for their Consultation Services.
Professional Indemnity Insurance means a professional indemnity policy comprising cover for negligence and related risks associated with the provision of the Consultation Services by the Professional in the Relevant Jurisdiction.
Professional Listing means a listing in the Platform setting out a description of the Professional, based on the information provided to us, featuring their education (qualifications), memberships and affiliations, posts and positions and area of expertise.
Relevant Jurisdiction means the geographical territories within which the Professional both normally practices and to whose laws they are subject, and whose Applicable Laws apply (by virtue of their provisions, your location and of the Professional and the nature of your interaction) or are deemed to apply to the provision of any Consultation Services which are subject to the Agreement. For clarity, Check My X-Ray currently only facilitates the provision of Consultation Services to UK resident Clients by UK registered and qualified Professionals.
Supporting Content means any digital content (including video, image or text files in any format) provided to you by a Professional under a Booking or within the platform.
Shared Data means the personal data comprised in any medical information connected to your Consultation Services that you may share with a Professional during the course of receiving any Consultation Services.
you and your means you, being the person who uses the Platform (other than Professionals or those using their accounts). Where you use the Platform on behalf of your child or ward the relevant parts of these Terms are deemed to extend (where applicable) to your child or ward and references to you or your shall be deemed to include such person(s).
3.1 The Check My X-Ray Platform does not provide Consultation Services. The Platform Services simply provide a means for Professionals to advertise and deliver Consultation Services to you, and to facilitate you booking and paying for such Consultation Services from such Professionals.
3.2 The Platform allows:
(a) Medical Professionals with a specialism in orthopaedic medicine who register on the Platform to offer their Consultation Services;
(b) You to place Booking requests with Professionals for the provision of Consultation Services, and if those requests are accepted by a Professional to pay for those Consultation Services. For clarity there are two different kinds of Consultation Services,
3.3 No contract exists between us and the Professional, or us and you, for the fulfilment of any Consultation Services (or associated services), save as expressly set out in these Terms. All contractual arrangements for the fulfilment of any of those services are solely between you and the Professional (who delivers the Consultation Services via the Platform) and we accept no liability or responsibility for either party’s failure (or otherwise) to honour any contractual or legal obligations to the other in connection with such consultations or services, or any other actions of failures of the Professional in the delivery or otherwise of Consultation Services or Supporting Content. The content of any Professional Listing on the Platform, and the provision of the Consultation Services, are entirely the responsibility of the Professional.
3.4 When you use the Platform to make a Booking for Consultation Services, it will create two legal contracts: (i) one contract between you and us, under which we provide to you the means of accessing, booking, and paying for the Consultation Services by way of the Platform. That contract is made on these Terms (and incorporates any additional terms specified in your Booking confirmation email); and (ii) a further contract between you and the relevant Professional in respect of their provision to you of Consultation Services to you at the price specified on the Platform in the Booking Request incorporating the relevant provisions of these Terms and/or on the Professional Listing (where applicable – e.g. around your cancellation rights).
3.5 The Platform is used by a wide range, and a large number, of Professionals. We cannot realistically check or be responsible for the work, background and qualifications of each Professional. We do not endorse or recommend any Professional, the quality of their work or the value and quality of their advice and service.
3.6 The Professionals are not our employees, agents, partners or workers. Apart from providing a facility allowing Consultation Services to be booked remotely and facilitating payments for and the offer of Consultation Services, we are not involved in and do not supervise the provision of the Consultation Services. We require our Professionals to agree to our terms for Professionals, which require that to provide certain information in their Professional Listing (and in their registration documentation prior to registering on the Platform), in particular their previous experience in providing general Consultation Services within the field of orthopaedic medicine, but also within those relevant categories of clients they have held themselves out as having specialism with specifically (for example, treating those with knee injuries)and also to require Professionals to confirm that they have or hold the followingand that such information is accurate, complete and not misleading in any way:
(a) have, given that they may provide Consultation Services to children or vulnerable adults (albeit always accompanied by a parent or guardian), a current and valid enhanced DBS check (where they are providing the Consultation Services in England or Wales), enhanced Disclosure Scotland check (where they are providing the Consultation Services in Scotland), enhanced Access NI check (where they are providing the Consultation Services in Northern Ireland), in each case showing no adverse finding, or such other checks or clearances as may be required by Applicable Law from time to time in the Relevant Jurisdiction;
(b) hold (where necessary and applicable) a certification with any relevant (or legally required) Certification Body; and
(c) hold current Professional Indemnity Insurance (either personally or through the entity/company through which their services are provided and via which they have registered for the Platform).
Additionally, we will undertake the following vetting on any Professionals who wish to provide Consultation Services via the Platform:
(i) checking the above points (a) – (c) have been met (although we do not undertake any specialised legal or insurance review on the terms or adequacy of the Professional’s Professional Indemnity Insurance, other than confirming the value and that it covers the provision of orthopaedic telemedicine services);
(j) ensuring that a letter has been provided by a National Health Service (NHS) Trust confirming that the Professional is currently employed in the NHS;
(k) ensuring that the Professional has provided a copy of their latest appraisal from the NHS, together with their latest re-validation from the Certification Body; and
(l) ensuring that the Professional has provided copies of their latest CPD confirmations for mandatory training required for the last calendar year, (the Vetting Service).
However, whilst we impose these obligations contractually, we may not be able to verify all information which they provide to us or fully vet the Professionals on our Platform, or their Professional Listings. We do not undertake any vetting on Professionals or Professional Listings beyond that set out in respect of the above Vetting Service, including, by way of example, verifying that Professionals actually hold any qualifications or specialisms that they have held themselves out as having, and do not accept any responsibility to do so.
It is your responsibility to exercise your judgement when booking or availing of any Consultation Services, in the same way that you would if booking them directly and if you should always ask a Professional to clarify their qualifications, clearances, certifications and insurance status before placing a Booking with them.
We are not responsible for any inaccuracies in the Professional Listing or issues around any given Professional’s qualifications, insurances, background, registrations or experience.
3.7 The parties acknowledge that subject to the other provisions of these Terms, you may agree to meet a Professional directly (including for the purposes of the provision of Consultation Services) outside the Platform. You should exercise your discretion and professional judgement where meeting anyone in person ensure when booking Consultation Services on behalf of your child or ward that you are present at all times during any consultation.
4.1 Typically, Check My X-Ray operates such that the Professionals charge a flat rate for the Consultation Services. Fees are set on a per Booking basis (with different fees payable for a Non-Synchronous Consult and a Synchronous Consult).
4.2 You acknowledge and agree that by making a Booking Request through the Platform, payment will be debited from your electronic payment method registered on the Platform, and this will be treated as an offer to pay for the Consultation Services on the relevant terms specified in the Booking, Professional Listing and in these Terms. Your fee will also include a non-refundable (but without prejudice to your statutory rights) booking fee which is payable for your use of the Platform to make Bookings.
4.3 We operate an “instant-Booking” feature meaning that Professionals specify their available slots for Consultation Services, and your Booking request will be automatically agreed once it is placed via the Platform. At this point, a binding contract is created under which you pay Check My X-Ray (in its capacity acting on behalf of the Professional) for the relevant Consultation Services specified in the Booking Request. If your payment has not cleared, for any reason, then the Booking and related contract will automatically be cancelled. Check My X-Ray will retain any Agreed Charges paid for the relevant Consultation Services, which we then pay to the Professional as and when Bookings are logged as set out in clause 4.9 below, at which point the relevant Agreed Charges (less our booking fee) will be paid to the Professional.
4.4 By using the Platform, you are required to, and deemed to have, accepted the relevant Payment Service Provider terms as they may apply from time to time to any payments you make via the Platform.
4.5 Both you and the Professional are responsible for ensuring that you are available to provide or benefit from the Consultation Services on any dates chosen in the Booking request. For Non-Synchronous Consults, where you are not speaking with the Professional via teleconference at a pre-agreed time, the Professional has committed to us in the Professional Terms to make themselves available (subject to other commitments) to finalise the Non-Synchronous Consult with the aim to provide their written advice no later than 24 hours after receiving Your Data (in a format that reasonably permits them to deliver the Non-Synchronous Consult).
4.6 Please note that whilst we take steps as part of the Booking system integrated into the Platform to try and ensure that you are only able to upload details of an injury or condition that would be appropriate for the Consultation Services, if a Non-Synchronous Consult or Synchronous Consult are undertaken and it transpires that your injury or condition is not appropriate for the Consultation Services, or Your Data is insufficiently clear to allow the Consultation Services to produce any meaningful results, then no refunds will be made available on the basis that the Professional has had to incur time considering Your Data or speaking with you to come to such a conclusion.
4.7 If you are a consumer ordinarily resident in the UK, you will have legal rights against the Professional in relation to any Consultation Services that are not provided with reasonable skill and care, or if the Consultation Services are not as described in the Booking (including any changes to the Booking agreed between you and the Professional). Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect your statutory rights.
4.8 It is your sole responsibility to notify the Professional – either in any online questionnaire you complete on the Platform (if applicable) (e.g. when making a Booking request) or during your Consultation Services – as to any circumstances affecting you which might affect the Professional’s provision of the Consultation Services. If such circumstances arise after the Booking Request has been accepted, you must notify the Professional immediately.
4.9 For clarity, the Professional is required to log any Bookings / Consultation Services delivered to you on the Platform before the end of each calendar month and is only entitled to be paid by Check My X-Ray to the extent that these Booking logs match Check My X-Ray’s records of delivered Bookings (including transcripts of any notes generated). When they do so, you will be notified via the Platform and will have until the end of the relevant calendar month in which the Bookings were logged, plus a further period of 7 (seven) days, to confirm or deny that the Bookings took place. This period permits you raise any objections to the Booking logged by the Professional, for example if you wish to allege that the Professional has not delivered any of the logged Bookings. Check My X-Ray shall decide such disputes in its sole discretion, and its determination shall be final. For clarity, this means that, as noted elsewhere in these Terms, to the extent Check My X-Ray receives complaints regarding Consultation Services delivered to you under any Booking (including any allegations that Bookings were not honoured in accordance with their terms) and upholds these complaints, without prejudice to its other rights or remedies, it will refund any fees and any additional currency charges or Payment Services Provider fees related to such Bookings to you.
4.10 You must keep your contact information and payment or billing information up to date through your account.
5.1 We also require all Professionals to contractually agree not to provide Consultation Services where you, or your child or ward on whose behalf you are placing a Booking Request, presents a condition or issues which are outside their expertise or requires Excluded Services, where you lack the mental capacity to consent to receiving the Consultation Services, are not available at any Booking to supervise your child or ward, or other circumstances mean that it would be inappropriate or unlawful (including under any Applicable Laws or good industry practice) to do so in all the circumstances. If you have placed a Booking Request and paid for the Consultation Services in such circumstances, it may be cancelled as noted in clause 5.6 below.
5.2 We ask that you do not share any personal data relating to yourself or your child or ward to whom the data relates requiring Consultation Services other than as required for the Professional to provide the Consultation Services during the course of any Booking. The data that will be required is specified on the Platform when you place a Booking Request. If you do share personal data unsolicited, for the purposes of Data Protection Laws, the Professional and Check My X-Ray are each separate data controllers of any personal data comprising in such Supporting Content. Check My X-Ray is the data controller of any Account Data in the circumstances described in its privacy policy. We also require that you do not request a Professional to provide any further contact data or personal data beyond that which is shared in their public profile on the Platform.
5.3 You have a right to cancel or re-schedule (subject to availability of your chosen Professional) your Booking up to one working day before your appointment is scheduled (in respect of a Synchronous Consult only) by following the steps outlined in your account on the Platform. For clarity, this cancellation right does not apply in respect of a Non-Synchronous Consult, on the basis that you are waiving your right to cooling-off and requesting that your Professional immediately start work on reviewing Your Data and providing the Consultation Services, as to provide their written advice within the target 24 hour window.Insofar as you exercise your cancellation rights, we agree to refund you all relevant charges paid for the Booking, including our booking fee and any agreed charges payable to the Professional.
5.4 Once your cancellation rights have ended, by default you shall not be entitled to cancel any Booking.
5.5 By default, you are also allowed to re-schedule any Booking for a Synchronous Consult provided that you notify the Professional via the Platform giving not less than 24 hours’ prior notice, and pick a date at which the Professional is available occurring within the next month following the scheduled date of your original Booking.
5.6 The Professional may not cancel any pre-paid Bookings (save in the limited circumstances set out in this clause and in clause 5.7 below or clause 5.1 above). You are entitled to end a Synchronous Consult at any time, but any amounts paid in advance for that Booking will not be refunded. Professionals may not cancel any Booking (or end it early) except where, acting reasonably and in good faith, they believe you to have breached these Terms in some material way (for example, by making offensive or abusive comments to that Professional). The Professional is under no obligation to continue any Synchronous Consult beyond any pre-paid duration of the consultation paid for by you (the standard consultation timeframe will be specified on the Platform when you place your Booking Request). Whether or not they wish to end any Booking beyond that period is solely at the discretion of the Professional. You will not automatically be charged for any additional Booking fee where the Professional allows any Booking to continue beyond the pre-paid duration but typically it will be ended at that point and you will be required to make a separate Booking.
5.7 If a Booking for a Synchronous Consult has been accepted by the Professional, and they are unable, having used best endeavours, to honour the Booking, for example in cases of illness or emergencies, they must immediately notify you, and we will offer you either a Synchronous Consult at the same time with another Professional, an opportunity to re-book your Booking with the same Professional at a different time, or, if neither of these options are acceptable, arrange to refund you in full for any cancelled Bookings (less any applicable deductions) in such circumstances (as noted below).
6.1 Whilst you are in compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use the Platform for your (including your child or ward’s) own personal private use in connection with searching for, paying for, and receiving the benefit of Consultation Services from relevant Professionals only, provided that such use is in accordance with these Terms. You agree not to use the Platform, or any content of our website, for anything else.
6.2 We have the right to suspend, withdraw or modify the Platform (in whole or in part) without liability to you at any time, including in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Platform; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Platform); or because it is no longer economically viable or efficient to provide the Platform. If the Platform is unavailable for any Booking you have placed with a Professional, the Professional shall be responsible for ensuring that they are able to deliver the Consultation Services to you (for example, for communicating letters or holding video consultations), and where they fail to do so, your claim shall be against them only.
6.3 You shall not: (a) other than as permitted by law, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform and/or its documentation (as applicable) in any form or media or by any means; nor attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; (b) access all or any part of the Platform Services in order to build a product or service which competes with the Platform Services; (c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform Services available to any third party; (d)) attempt to obtain, or assist third parties in obtaining, access to the Platform Services, other than to lawfully book, pay for and receive Consultation Services in accordance with the Agreement; (e) interfere with or disrupt the integrity or performance of the Platform Services or third party data contained therein; or (f) attempt to gain unauthorised access to the Platform Services or their related systems or networks, including with a view to making alterations to, or modifications of, the whole or any part of the Platform, or permitting the Platform or any part of it to be combined with, or become incorporated in, any other programs.
7.1 If you set up a user account with us, you agree that you shall take all steps necessary to protect your log in details and keep them confidential. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
7.2 If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
7.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Platform and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
7.4 If you notice an unauthorised use or breach of your user account, you must notify us immediately at info@checkmyxray.com.
8.1 We have no control over Consultation Services or Professional Listings, and give no warranty regarding the Platform, or its operation. Further you acknowledge that Consultation Services are not provided or supervised by us or on our behalf.
8.2 To the utmost extent permitted by law, under no circumstances will we be liable in any way for any Consultation Services, including any errors or omissions in the Consultation Services, or any losses or harm of any kind resulting from the Professional’s provision of (or failure to provide) the Consultation Services.
8.3 Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Professionals, including in any Professional Listing, are those of the Professional and not our own. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made either on the Platform or otherwise, by anyone other than our authorised employee spokespersons acting in their official capacities.
8.4 From time to time, Professionals may use Check My X-Ray Content in delivery of Consultation Services. Check My X-Ray Content means various resources including letter of report templates, assessment templates and so. For clarity, Check My X-Ray does not warrant or represent the accuracy, sufficiency or appropriateness of such Check My X-Ray Content in delivery of Consultation Services. Use of Check My X-Ray content as part of any Consultation Services is at the discretion of both you and the Professional.The Professional takes sole responsibility for determining the appropriate Consultation Services and any associated content or deliverables provided to any Client (including whether and to what extent to adopt any Check My X-Ray Content.
8.5 The Platform is provided “as is” and without warranty of any kind. In particular, we cannot promise that the Platform will always be provided uninterrupted or error-free. You acknowledge that we do not guarantee that the Platform will always work properly.We do not guaranteethat the information provided through the Platform is accurate, reliable or correct; that any defects or errors will be corrected; that the Platform will be available at any particular time or location; or that the Platform is free of viruses or other harmful components. We will not be responsible for any risk of loss resulting from your downloading or using files, information, data or other material obtained from the Platform.
8.6 We shall use reasonable endeavours to maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of the Platform and data stored thereon. However, you understand and acknowledge that use of the Platform Services necessarily involves transmission of data over networks that are not owned, operated or controlled by us, and that we cannot be held responsible for any the Professional Data lost, altered, intercepted or stored across such networks. We do not guarantee that its security procedures will be error-free, that transmissions of the Professional Data will always be secure or that unauthorised third parties will never be able to defeat our security measures or those of our third party service providers.
9.1 You must comply with all laws applicable in the UK and the country from which you are accessing the Platform Services. If any laws applicable to you restrict or prohibit you from using the Platform, or the Professional from providing the Consultation Services to you where you are currently situated in that country, or providing Your Data to us and the relevant Professionals via the Platform, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Platform.
9.2 You warrant that you will not transmit any material in the course of receiving the Consultation Services or using the Platform which are: (a) unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitate illegal activity; (c) depict sexually explicit images; (d) promote unlawful violence; (e) are discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; (f) cause damage or injury to any person or property; (i) infringe any third party’s copyright, trade mark, or other intellectual property rights; (j) infringe any third party’s rights of publicity or privacy; or (k) contain any viruses or other malware or harmful content.
9.3 If the Professional considers that you have acted in a way towards him/her that would constitute a crime, or have disclosed that you have committed a crime that the Professional is under a legal duty to report, you should note that they may report such a crime, and as noted in our Privacy Policy, if we are subject to any compelled disclosure order from a regulatory authority or court of competent jurisdiction we will comply with such order (including by disclosing your identity from your Account Data).
10.1 We reserve the right to suspend or terminate your access to the Platform (including by deleting your account) at any time. We will normally do so if we reasonably believe that you are in breach of these Terms.
10.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
11.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents (which does not include any Professional), and for losses or harm caused by fraud by us or our agents, or any other liability which it would be unlawful for us to exclude or restrict liability.
11.2 We are not responsible for: (i) any losses in relation to your receiving or not receiving access to the Platform; (ii) any losses in relation to your receiving or not receiving any Consultation Services; (iii) any losses arising due to a breach of our obligations which arises due to circumstances outside our reasonable control; (iv) losses or harm not caused by our breach of these Terms or our negligence; or (v) losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these Terms including those losses which happen as a side effect of foreseeable losses; or (vi) technical failures or the lack of availability of the Platform.
11.3 To the utmost extent permitted by law, our liability in respect of any losses arising under or in connection with any Booking and the subject matter of the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the fees actually paid to us by you by way of our commission on payments for the Consultation Services in the preceding 12 months prior to the date any relevant claim or cause of action first arose.
11.4 We only supply the Platform for your own individual domestic and private use as a consumer of the Consultation Services. You agree not to use the Platform in the course of any business, or for any commercial, business or re-sale purpose. We therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You agree to keep us indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, ex gratia payments, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us as a result of or in connection with your breach of this Agreement, relevant law, or wrongful acts or omissions, and from any claim or dispute arising between you and any Professional in connection with the Consultation Services, of any nature.
13.1 You acknowledge that all copyright, trade marks (including ‘Check My X-Ray™ and the Check My X-Ray logo), and other intellectual property rights in and relating to the Platform are owned by us or licensed to us by third parties. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 You hereby grant us a perpetual, royalty-free, irrevocable, worldwide, transferable and sub-licensable licence in and to the content of any chat log recorded on our Platform in connection with the Consultation Services, for us to reproduce same as we see fit, without restriction (other than any restrictions imposed by law).
13.3 You must not copy, distribute, make available to the public or create any derivative work from the Platform or any part of the Platform, including any group conversations or communications with your Professional, unless we have first agreed to this in writing. You must not use any of our trade marks (registered or unregistered, including the word Check My X-Ray™ and the Check My X-Ray logo), or other intellectual property rights in and relating to the Platform without our prior written consent.
13.4 If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
14.1 If you have any complaints or objections of a legal nature to material or content (including Professional Listings) provided by means of our site, including if you believe that material or content on our site is defamatory or infringes your intellectual property rights (including copyright or trade mark rights), please contact us immediately with a statement by email to complaints@checkmyxray.com. Your email statement must at a minimum contain the following details: the exact individual content you are complaining about; the way in which the content infringes your rights or is defamatory; your name and street address; a declaration that your statement is true and acknowledgement that it may be used in any subsequent court proceedings relating to your complaint.
14.2 These requests should only be submitted by you or someone who is authorised to act on your behalf.
15.1 We are registered as a fee-paying body with the Information Commissioners Office as a data controller in the United Kingdom.
15.2 We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these Terms. By using the Platform, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy, you should not access and/or use the Platform. This includes agreeing that Your Data will be stored on the Platform (including with our third party hosting service providers), and that clinical letters will be generated following provision of the Consultation Services and shared with you via the Platform, as well as being sent to your GP.
15.3 We may use any feedback or comments you make in respect of the Platform or any Professional in our marketing material (including on the Platform, our other websites, and our social media channels). If at any time you would like us to cease any further use of your feedback or comments, please contact us at info@checkmyxray.com.
16.1 We may link to third party products or services from the Platform. You understand that we make no promises regarding any content, goods or services provided by such Professionals or other third parties. We are also not responsible to you in relation to any losses or harm caused by such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.
16.2 You may agree to communicate with your Professional via alternative methods such as video-conference calls, telephone calls, or email. If you do so, such communication occurs outside the Platform and does not form part of the Platform Services, although you agree to adhere to the spirit of this Agreement when so communicating. You also acknowledge that the in-built functionality for video conference calls for Synchronous Consults may not work, for example that if you are unable to access the functionality due to poor Wi-Fi or mobile connectivity, and in such circumstances you agree to provide our Professionals with a mobile or telephone number they can use to call you directly. Professionals shall not be required to extend the standard duration for a Synchronous Consult in such circumstances.
16.3 You may use standalone third party applications when accessing the Platform Services, for example where the Platform Services uses third party applications to authenticate your account on the Platform, or third party payment platforms. While the Agreement represents our agreement with you, other parties’ terms govern their relationships. Whilst we take no responsibility for your adherence to such terms or the actions taken by such third-parties, you agree you will adhere to such terms when using the Platform Services, and will not hold us responsible for any interactions with such third parties or their services, sites or terms, including for wrongful or negligent acts or omissions, or breaches of contract.
16.4 We do not control the content, messages or information found in or on or accessible through, or pulled into the Platform Services via, any third party software, individuals, sites or services accessible through or integrated with the Platform Services. We disclaim and will have no liability regarding such software, sites or services and any actions resulting from your use of the same. Such sites or services’ availability does not mean we endorse, support or warrant such sites or services.
16.5 We shall not be responsible for any issues with performance of any third party applications, and their integration within and functioning through the Platform Services at all times is outside our control and is not guaranteed. The third party integrations supported by the Platform Services may change from time to time, and you must always have a valid third party account or subscription for any such applications and pay all relevant fees for same (which are not included as part of the Platform Services).
17.1 We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.
17.2 These Terms and the further terms or documents referenced in them set out the entire agreement between you and us concerning the Platform and they replace all earlier agreements and understandings between you and us.
17.3 If any part of these Terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms shall remain valid and enforceable.
17.4 Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
17.5 We are not liable if it is prevented from or delayed in performing our obligations by acts, events, omissions or accidents beyond our reasonable control, for example failure of a utility service or transport or telecommunications network, act of God, malicious damage, compliance with any law or governmental order, rule, regulation or direction, or default or failure of our sub-contractors or sub-processors (or the third party systems or platforms with which the Platform interacts). We will send all notices and other communications regarding the Agreement to you at the e-mail address provided on registering, or by means available in the Platform.
18.1 If you have any concerns regarding the Platform itself (rather than any Consultation Services or Professional) we hope we can resolve these quickly if you contact us at complaints@checkmyxray.com.
18.2 We care about your experience with Professionals using our Platform and want to ensure they maintain the highest standards possible. If you are unhappy with any Consultation Services, you should speak to the Professional to try and resolve the issue. We would like to be kept informed of any material or repeated issues or disputes.
18.3 If you consider that any Professional has acted in an inappropriate way towards you, including in a manner you feel to be offensive, violent or sexually inappropriate, you should immediately make a report to the appropriate authorities and we would request that you then contact us at complaints@checkmyxray.com quoting the police incident report number, date(s) and time(s) of any the alleged behaviour / the Bookings at which they took place and the identity of the Professional in question (where applicable and you are lawfully permitted to provide same). Your report may cause us to investigate such behaviour and/or bar an individual Professional from the Platform, but we shall not be obliged to take action beyond that which is required by law and will not be obliged to incur any additional liability or expense in doing so.
18.4 You acknowledge that we are not responsible to you for the Consultation Services which the professionals provide and are under no obligation to provide you with a refund or credit note in the event you are dissatisfied with the Consultation Services.
18.5 In the unlikely event that legal action becomes necessary either by us or by you, these Terms shall be governed by and construed in accordance with the laws of Northern Ireland and subject to the exclusive jurisdiction of the courts of Northern Ireland. You acknowledge expressly that this is a specific requirement and pre-condition to delivery of the Consultation Services to you.
19.1 If you have any questions about these Terms or the Platform, you may contact us by email at info@checkmyxray.com.
1.1 We are T/A Check My X-Ray, provider of the Check My X-Ray platform. Our registered office address is 6 Annadale Avenue, Belfast, United Kingdom, BT7 3JH. Our company number is NI718910. We are referred to in these terms of use (Terms) as we, us, our or Check My X-Ray (which term is also interchangeably to refer to both us and the digital telemedicine booking and payments platform we operate, also described as the Platform as the context requires).
1.2 Any person or entity registering as a doctor on the Check My X-Ray Platform is referred to in these terms and conditions of use as a Professional. If the Professional has any questions about the Platform, please contact: info@checkmyxray.com.
1.3 These Terms explain the basis on which the Professional may use the Check My X-Ray marketplace and payment processing service provided by means of browser based web app (on a SaaS basis) (the Platform or Check My X-Ray).
1.4 This version 1 of these terms was first uploaded on Jun 2025. Where new versions of these terms are published in future, historic versions can be obtained by contacting us.
1.5 To access the Platform, the Professional must procure and utilise, in respect of the web app, a functioning hardware system and software facilitating access to the following modern and high usage web browsers, namely: Chrome, Mozilla, Firefox, Safari or MS Edge, for the current and previous version of each such browser, or such other relevant software and/or hardware reasonably notified by Check My X-Ray from time to time. Professional should be aware that from time to time certain features may be optimised for particular browsers (and user experience diminished on other browsers), and that the platform is optimised for use on a mobile or tablet device browser.
2.1 By completing any form or document on which or in which these Terms are linked or referenced (the Registration Form), or otherwise using our Platform, the Professional agrees to be bound by these Terms and any other terms specified in the Registration Form or at the point of registration, or otherwise expressly agreed in writing by us as forming part of the contract (including any Onboarding Guidelines). The Registration Form, the Tariff, these Terms are referred to together as the Agreement.
2.2 Agreement.2.2. By registering for the Platform, Professional also represent and warrant that they (and shall remain at all times whilst registered on the Platform):
(a) are a practising and accredited orthopaedic doctor (permitted to practice and hold themselves out as such under the Applicable Laws in the Relevant Jurisdiction) in the Relevant Jurisdiction, and hold themselves out as practising on the Platform, and that they are permitted to provide the Consultation Services via the Platform to Clients within such Relevant Jurisdiction;
(b) are currently employed by a National Health Service Trust in the United Kingdom (NHS) and listed on the appropriate specialist register in respect of the orthopaedic medicine in which they hold themselves out as having a specialism;
(c) have completed (with no adverse findings) any appraisal required by their NHS employer, and provided the extant copy of such annual appraisal to us;
(d) have completed all mandatory continuous professional development (or other mandatory) training (together CPD training) required by their employer, Certification Body or insurer / underwriter, and provided up to date and complete evidence of proper completion of all such training to us;
(e) have, where providing Consultation Services to children or vulnerable adults, a current and valid enhanced DBS check (where they are providing the Consultation Services in England or Wales), enhanced Disclosure Scotland check (where they are providing the Consultation Services in Scotland) and/or enhanced Access NI check (where they are providing the Consultation Services in Northern Ireland), in each case showing no adverse finding, or such other checks or clearances as may be required by Applicable Law from time to time in the Relevant Jurisdiction;
(f) hold (where necessary and applicable) a certification with any relevant (or legally required) Certification Body (as defined below), the nature of which certification and Certification Body must be acceptable to Check My X-Ray (acting in its sole discretion), and that such certification has been validated as required and evidence provided to us of same;
(g) hold current Professional Indemnity Insurance (either personally or through the entity/company through which their services are provided and via which they have registered for the Platform), a copy of which has been provided to us;
(h) have provided complete, accurate, up to date and not misleading information regarding both their certifications (as outlined above), educational qualifications, as well as their professional experience and expertise, in particular their previous experience in providing specialised Consultation Services to those relevant categories of clients they have held themselves out as having specialism with specifically (for example, treating those with patients with particular kinds of orthopaedic injuries), and acknowledges that Check My X-Ray may rely on such informationand not seek to independently verify (nor be in a position to independently verify) its authenticity or accuracy; and
(i) are permitted to access the Platform in the country in which they provide Consultation Services.
The Platform is not available to any person who does not meet the above criteria, and Check My X-Ray is, in any event, under no obligation to accept any applications from prospective Professionals to join the Platform and may accept or reject applicants at its sole discretion. At this point in time, Check My X-Ray does not accept unsolicited invitations from prospective Professionals, and Professionals participate on the Platform on an invite only basis.
2.3 Check My X-Ray is an online platform which allows Professionals to register on the Platform, to offer their services to new and existing Clients, allows Clients to manage and place Bookings, and allows Professionals to then either provide:
(a) non-synchronous review of x-rays and other Client Data provided by Clients via the Platform, so as to facilitate a review by a Professional randomly chosen from a pool of qualified Professionals available at that time, whose will be identified to the Client at the point at which their letter is shared (as noted below) (a Non-Synchronous Consult); and
(b) a synchronous Consultation Service involving an audio or video telemedicine consultation with a named Professional chosen by the Client (a Synchronous Consult); and
Professionals will then either: (a) provide a letter (responsibility for sharing with the Client’s GP will sit with the Client) summarising their initial professional opinion based on the Client Data; or (b) have video consultations with the Client (either via embedded functionality hosted by the Platform, where it offers that functionality) (or audio consultations where that functionality fails) or via separate communication services (a letter summarising which will be provided to the Client and which the Client may share with their GP). To note, an AI note generator will record a transcript of this conversation to assist in generating the above summary letter.
In that sense Check My X-Ray acts solely as a platform or marketplace to facilitate consultations and contracts between the Professional and the Client, and for the processing of payment for those consultations via Check My X-Ray.
2.4 When a Client use the Platform to make a Booking for Consultation Services, it will create two legal contracts to which the Professional is party: (i) one contract between the Professional and us, under which we provide to the Professional partial means to assist it in providing and means for being paid for the Consultation Services by way of the Platform. That contract is made on these Terms; and (ii) a further contract between the Client and the relevant Professional in respect of their provision to the Client of Consultation Services to the Client at the price specified on the Platform in the Booking Request incorporating the relevant provisions of these Terms (where applicable – e.g. around the Client’s cancellation rights).
2.5 No contract exists between Check My X-Ray and the Professional, or Check My X-Ray and any Client, for provision of Consultation Services or associated products or services, whether through such consultations or otherwise (save as expressly set out in these Terms). All contractual arrangements for the fulfilment of any of those services are solely between the Professional and the Client, and Check My X-Ray accepts no liability or responsibility for either party’s failure (or otherwise) to honour any contractual or legal obligations to the other in connection with such consultations or services.
2.6 The parties acknowledge that subject to the other terms of the Agreement, the Client and the Professional may agree to meet directly (including for the purposes of the provision of Consultation Services) outside the Platform. The Professional should exercise their discretion and professional judgement where meeting anyone in person and is responsible for providing appropriate in-person meeting facilities to facilitate the delivery of the Consultation Services in an appropriate manner, compliant with all Applicable Laws. For clarity, the Professional should ensure when treating children or vulnerable adults that their parent or guardian is present at all times.
2.7 The Professional should read these terms and conditions carefully before using the Platform. In particular, they should be aware that:
2.7.1 Clause 9.6 contains an indemnity and release from the Professional in respect of any claims arising in respect of Bookings with any Client; and
2.7.2 Clause 19 contains important limitations and exclusions of Check My X-Ray’s liability to the Professional.
2.8 If the Professional does not agree with or accept any terms of the Agreement, they should stop using the Platform / delivering Consultation Services immediately.
2.9 Check My X-Ray may revise the terms of the Agreement at any time by notifying the Professional of such variation when they next login to the Platform. Professionals will be required to accept such revisions as a condition to continued use of the Platform.
3.1 In the Agreement, unless otherwise defined, or the context otherwise requires:
Applicable Laws means all applicable international and local laws, regulations, binding (or non-binding) regulatory requirements now or from time to time in force in any Relevant Jurisdiction which may be binding on any of the respective parties to, or otherwise legally binding with respect to the terms of implementation of, the Agreement (including those laws expressly specified in the Agreement) or provision of the Consultation Services, including any rules, guidance, standard or recommendations of its (or the) relevant Certification Bod(y)(ies) (whether or not legally binding) in terms of the provision of services similar to the Consultation Services in the Relevant Jurisdiction.
Agreed Charges means sums agreed between a Professional and a Client as being payable in respect of Consultation Services under a Booking, as dictated and set within the Platform.
Booking means a contract for the provision of Consultation Services, entered into by means of the Platform between the Professional and a Client, and Book shall be construed accordingly.
Certification Body means, where applicable, the relevant professional body within the Relevant Jurisdiction both regulating and keeping a register of accredited orthopaedic Professionals who are required to register with such bodies and adhere to their standards for training, professional skills, qualifications and behaviour (including the provision of Consultation Services). For clarity, as of the date these Terms were published, this is the General Medical Council in the UK (the GMC).
Commencement Date has the meaning set out in clause 16.
Consultation Services means any remote orthopaedic consultancy diagnosis or consultation services (as it is defined and regulated in each Relevant Jurisdiction, including by the applicable Certification Body, and excluding provision of any Excluded Care)) arranged by means of the Platform (and includes, as the context permits, where the Consultation Services are provided for the benefit of a child or ward, accompanied by their parent, guardian or next of kin, who may have placed the Booking, each of the relevant individuals, including a Synchronous Consult or Non-Synchronous Consult (as defined in clause 2.3 above).
Check My X-Ray Content means various resources which Check My X-Ray may (but is under no obligation to) provide a Professional with from time to time, which Professional may wish to adopt or utilise in delivering Consultation Services, including reporting templates, letter templates, assessment templates and so on.
Client means a person who avails of the Consultation Services from the Professional (and includes, where the Consultation Services are provided for the benefit of a child or vulnerable adult, accompanied by their parent, guardian or next of kin, who may have placed the Booking, each of the relevant individuals).
Client Data means personal data (including relevant medical information) of the Client disclosed by the Client by means of the Platform in requesting the Consultation Services (Account Data), and in the course of the Professional in providing the Consultation Services (Consultation Data).
Client Terms means the terms and conditions which must be accepted by all Clients using the Platform, available at: [ ].
Data Protection Laws means all Applicable Laws pertaining to data protection or to the privacy, processing, confidentiality or security of personal data, and/or the information rights of individuals within any Relevant Jurisdiction from time to time, including (as applicable) the UK Data Protection Act 2018 and either the UK General Data Protection Regulation.
Excluded Care means any situation where the Client or the Client’s child or ward require:
(a) urgent medical or clinical advice from a doctor or other medical professional;
(b) the prescription of any drugs or medicine or other treatment;
(c) any emergency, critical or life-threatening care (in respect of which the Client should immediately dial the Client’s local emergency services number or seek alternative emergency medical services); or
(d) anything other than a second opinion in a matter involving orthopaedic assessment which is appropriate in a remote telemedicine context;
Feedback means any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback on Check My X-Ray or its products or services.
Good Industry Practice means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced Professional experienced in delivering services similar to the Consultation Services to Clients (and where applicable their children or wards) in the Relevant Jurisdiction (with the specialist requirements of those who the Professional has marketed themselves as catering for via the Platform) and in compliance with all Applicable Law and the requirements of the relevant Certification Body.
Introduced Client has the meaning given to it in clause 10.2.
Information Requirements means the information required by Professionals to be presented to Clients and potential Clients (accessing the Platform online) when placing their Professional Profile on the Platform (or any restrictions on that information), and which may include details on the Professional’s education (qualifications), memberships and affiliations, posts and positions and area of expertise, as notified by Check My X-Ray to the Professional from time to time.
IPRs means any intellectual property rights or equivalent rights arising at any time and under any Applicable Laws.
Onboarding Guidelines means Check My X-Ray’s onboarding guidelines setting out the required information any new Professional is required with whom they are engaging from the first time. The Onboarding Guidelines will be communicated via the Platform and may change from time to time.
Payment Service Provider means any independent payment service provider whose software may be integrated into the Platform from time to time, and whose software may be utilised by the Professional to receive payment for the Agreed Charges from the relevant Client.
Platform Services means the provision of the platform as a service by Check My X-Ray, on a SaaS basis.
Privacy Policy means Check My X-Ray’s privacy and cookies policy available at checkmyxray.com. Professional Equipment has the meaning given in clause 12.2.
Professional Fee has the meaning given in clause 5.3.
Professional Indemnity Insurance means a professional indemnity policy comprising cover for negligence and related risks associated with the provision of the Consultation Services by the Professional in the Relevant Jurisdiction in which they practice.
Professional Materials means any information and materials provided to Check My X-Ray in connection with the Professional’s registration for and use of the Platform (including images and text), and any rights in the Professional’s brand, trademarks, likeness or image represented in that information or materials.
Professional Profile means the public profile of the Professional displayed to Clients and potential Clients (accessing the Platform online) by means of the Platform.
Relevant Jurisdiction means the geographical territories within which the Professional both normally practices and to whose laws they are subject, and whose Applicable Laws apply (by virtue of their provisions, the location of the Professional and the Client and the nature of their interaction) or are deemed to apply to the provision of any Consultation Services which are subject to the Agreement. For clarity, Check My X-Ray currently only facilitates the provision of Consultation Services to UK resident Clients by UK registered and qualified Professionals.
Supporting Content means any digital content provided to a Client via the Platform, including any content published by the Professional as part of their Professional Profile.
Tariff means Check My X-Ray’s published tariff setting out the basis for any Agreed Charges payable for Consultation Services delivered via the Platform (or the relevant percentage of any payments made by Client that shall be payable to the Professional).
Term means the period from the Commencement Date until termination of the Agreement in accordance with these Terms.
3.2 The following rules of interpretation apply in the Agreement:
3.2.1 Clause headings shall not affect the interpretation of the Agreement. References to clauses are to the clauses of these General Terms.
3.2.2 Words in the singular shall include the plural and vice versa.
3.2.3 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
3.2.4 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
4.1 Check My X-Ray agrees to grant Professional a non-exclusive, personal, non-transferable, non sub-licensable permission to use the Platform to deliver Consultation Services to Clients, access selected Client Data stored using the Platform and receive payment for the Consultation Services through Check My X-Ray.
4.2 The Professional acknowledges that their details, as displayed on their Professional Profile, or details of other therapy professionals who have registered with the Platform or other content which Check My X-Ray may display relating to the Professional, will be available to Clients who register for the Platform directly and to potential Client or others who may access the Platform online, and those who are signed up as Clients may contact such Professionals or place Bookings with them using the Platform.
4.3 Check My X-Ray may perform its duties and operate the Platform as it sees fit, subject to the Agreement.
4.4 Under the Client Terms, Check My X-Ray has agreed with Clients it is not responsible for the provision, non-provision or wrongful provision of the Consultation Services and Supporting Content (nor for any other interaction between Professional or Client conducted via the Platform or occurring directly or indirectly as a result of the Platform) and that Check My X-Ray has no authority or ability to negotiate or vary the terms of any agreement or Booking entered into on behalf of the Professional.
4.5 No representation or warranty is made by Check My X-Ray as to the availability of the Platform, nor that the Platform will operate without error or interruption. Save as set out herein, the Platform is provided on an as-is basis. In particular, Check My X-Ray cannot promise that the Platform will always be provided uninterrupted or error-free, and the Professional acknowledges that Check My X-Ray does not guarantee that the Platform will always work properly. Check My X-Ray is not responsible for any circumstances outside its reasonable control.
4.6 Where the Platform becomes unavailable during any Booking (or the Professional fails to deliver the Consultation Services for any reason other than the Client having breached the Client Terms) the Professional shall be responsible for delivering the Consultation Services to the Client via some alternative medium (including by telephone), and if they fail to do so, for reimbursing the Client any sums that they have already been paid by to it by Check My X-Ray (if any) for such Consultation Services. If they fail to do so, or have not yet been paid, Check My X-Ray reserves the right to do so on their behalf, or to deduct any such refunds from any amounts to be paid to a Professional for other Bookings.
4.7 Unless otherwise agreed by Check My X-Ray in advance in writing, the charges stated by the Professional by means of the Platform for all Consultation Services (if applicable) shall be inclusive of any VAT, or other tax that the Professional may be required to remit in connection with such sale, as well as any Payment Services Provider processing fees or other ancillary fees to any Consultation Services.
4.8 The Professional consents to Check My X-Ray processing their personal data as set out in Check My X-Ray’s Privacy Policy.
5.1 The fees charged to Professionals by Check My X-Ray for access to Check My X-Ray are as dictated on the Platform from time to time in Check My X-Ray’s Tariff. Check My X-Ray may change Check My X-Ray’s fee arrangements within its Tariff at any time giving notice in writing (either on the Platform or by email). The new fee arrangements will only take effect from the date specified in that announcement.
5.2 Typically, Check My X-Ray operates such that the Platform shall specify a flat rate payable for the Consultation Services to Clients, set on a per Booking basis (with different fees payable for a Non-Synchronous Consult and a Synchronous Consult).
5.3 Synchronous Consult and a Synchronous Consult).5.3. Fees for Check My X-Ray operate on a fee per Booking basis (the Check My X-Ray Commission), with a set percentage of the overall Booking fee (as specified in the Tariff from time to time) being deducted for Bookings placed via the Platform to give a resulting professional fee payable to the Professional. The Check My X-Ray Commission will be inclusive of Check My X-Ray’s fee for the Platform Services, any VAT or similar taxes (if any) chargeable by Check My X-Ray on that Platform Services fee, Payment Services Provider charges, bank transfer fees (which are outside of Check My X-Ray’s control) and there shall be no additional charges or deductions from the Professional Fee. The Check My X-Ray Commission (which covers the above costs) will be deducted from the Agreed Charges paid for each Booking at the point of payment by a Client, leaving the balance of the professional fees (the Professional Fee) payable to the Professional. Professionals acknowledge that Check My X-Ray shall be entitled to calculate the fee payable for Booking and the Check My X-ray Commission its discretion and to retain all such payments made by a Client. They also acknowledge that Check My X-Ray may be entitled to charge a separate “booking fee” to the Client, and that such booking fee shall be separate from the Check My X-Ray Commission.
5.4 After deducting the Check My X-Ray Commission, Check My X-Ray will aggregate the Professional Fees and maintain a record of the balance of Professional Fees payable. Check My X-Ray will then issue self-billing invoices to the Professional on a monthly basis in arrears, on the 7th day of the following calendar month, where the Professional is paid the Professional Fee in respect of any Bookings properly delivered in the preceding month (which are not subject to a valid Client objection as noted in clause 5.6 below) and which are logged via Check My X-Ray.
5.5 Such invoices (as described in clauses 5.4 and 5.5 above) will be paid no later than 30 (thirty) days from the date of such invoice(s). For clarity, the Professional must clearly log any Bookings / Consultation Services (using the functionality provided by the Platform) delivered by it on the Platform before the end of each calendar month and is not entitled to be paid for same to the extent such record does not match Check My X-Ray’s record of all Bookings recorded on the Platform. If Professional fails to adhere to the above, then they are waiving payment for any Professional Fee for the relevant Bookings and agreeing that such sums may be retained by Check My X-Ray. Further, the 7 (seven) day period between the end of each calendar month and Check My X-Ray’s issuing a self-billing invoice is intended to permit the Client to raise any objections to the Booking logged by the Professional, for example where the Client alleges the Professional has not delivered any logged Bookings. Check My X-Ray shall decide such disputes in its sole discretion, but acting in good faith, and its determination shall be final.
5.6 The Check My X-Ray Commission on Bookings excludes payment for any additional services or platform functionality outside the basic Platform Services, for which Professionals may opt-in, subjectto separate payment terms and pricing communicated on the Platform from time to time. Any such amounts paid by a Professional to Check My X-Ray shall be non-refundable. The Professional must pay all sums it owes to Check My X-Ray under the Agreement free and clear without any set-off, counterclaim, deduction or withholding of any kind save as may be required by law.
5.7 Check My X-Ray may withhold, deduct or set-off any sums which the Professional may owe to it (including any Client refunds) against any sums it may owe (whether liquidated or unliquidated) to any Professional at any time. For clarity, this means that, as noted in clause 4.6 above, and elsewhere in these Terms, to the extent Check My X-Ray receives complaints from Clients regarding Consultation Services delivered under any Booking (including any allegations that Bookings were not honoured in accordance with their terms) and upholds these complaints, without prejudice to its other rights or remedies, it reserves a right to either refund any Agreed Charges to the Client, and to (a) not pay the relevant Professional Fee element to the Client (if not yet paid), or to deduct or net off any previous Professional Fees paid from any future payments under the Agreement (if already paid), or (b) to invoice the Professional for a refund of those Professional Fees and any additional currency charges or Payment Services Provider fees related to such Bookings, so as to facilitate issue of a refund to the relevant Client.
5.8 The Professional shall make available to Check My X-Ray and the Payment Service Provider on request any information specified by the Payment Services Provider for the purposes of on-boarding the Professional, paying-out Professional Fees or other purposes required by law.
5.9 By using the Platform, the Professional is required to, and deemed to have, accepted the relevant Payment Service Provider terms as they may apply from time to time to the Professional and its activities via the Platform.
5.10 Professional is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on Check My X-Ray’s net income or gross revenue) imposed or become due in connection with the provision of Platform Services or payment of any Professional Fees to the Professional, and acknowledges that the Professional Fees paid by Check My X-Ray to it shall be inclusive of all such taxes, duties, etc, (if any) which they are required to levy in respect of the relevant Professional Fee.
5.11 If the Professional is required to deduct or withhold any tax it must pay the amount deducted or withheld as required by law and pay Check My X-Ray an additional amount so that Check My X-Ray receives payment in full as if there were no deduction or withholding.
5.12 Professional must keep its contact information and payment or billing information up to date through its account.
6.1 Check My X-Ray operates an “instant-Booking” feature meaning that Professionals specify their available slots for Consultation Services, and the Client’s Booking request will be automatically agreed once it is placed via the Platform. At this point, a binding contract is created under which the Client pay Check My X-Ray (in its capacity acting on behalf of the Professional) for the relevant Consultation Services specified in the Booking Request. If the Client’s payment has not cleared, for any reason, then the Booking and related contract will automatically be cancelled.
6.2 Professionals are required to deliver Consultation Services at least once during each calendar month, and accounts may be disabled where this is either not done, or where Check My X-Ray believes (in its sole discretion) that Professionals fail to honour Client Bookings without due cause or are inactive on the Platform for any protracted period.
6.3 Professionals must keep their calendar up to date on the Platform, and acknowledges that by signalling their availability to accept a Booking via their calendar at any particular time they are either (a) offering to deliver a Synchronous Consult with a Client at the time booked by the Client given that the Platform operates with an “instant-book” feature for such Synchronous Consults; or (b) indicating that will be available to undertake a Non-Synchronous Consult by providing their written letter of report within 24 hours of the relevant time booked by the Client, in the case of Non-Synchronous Consults (provided that the Client Data is in a format that reasonably permits them to deliver the Non-Synchronous Consult). In either case, once the Booking is placed, and allocated or notified to the Professional via the Platform, a binding contract will be created between the Professional and the Client for delivery of the relevant Consultation Services via the Booking for the Professional Fee for the Booking.
6.4 The Professional is free to deliver the Consultation Services as they see fit, subject at all times to complying with the terms of the Agreement, including Applicable Laws and Good Industry Practice, and acknowledges that Check My X-Ray does not exercise any level of personal control over the manner in which they deliver the Consultation Services. Professional notes that these obligations include obligations to report any suspicions of abusive treatment or criminal behaviour that may arise from the Consultation Services to appropriate authorities, as required by Applicable Laws and Good Industry Practice.
6.5 Professionals should note that whilst Check My X-Ray takes steps as part of the Booking system integrated into the Platform to try and ensure that Clients are only able to upload details of an injuryor condition that would be appropriate for the Consultation Services, if a Non-Synchronous Consult or Synchronous Consult is undertaken and it transpires that the Client’s injury or condition is not appropriate for the Consultation Services (typically where it requires Excluded Care), or the Client Data is insufficiently clear to allow the Consultation Services to produce any meaningful diagnosis or recommendations, then the Professional must make that clear to the Client. No refunds will be made available to the Client in such circumstances, and provided that the Professional has otherwise complied with these Terms the Booking shall be deemed to have been delivered, on the basis that the Professional has had to incur time considering the Client Data or speaking with the Client to come to such a conclusion.
6.6 Check My X-Ray cannot guarantee that Professionals are listed or displayed in any particular order on the Platform as available for Bookings (in respect of any Consultation Services), or that Professionals are offered any particular volume or regularity of work. Check My X-Ray reserves the right, at its sole discretion, to show Professionals to Clients in whatever order or in whatever way it decides (including in how it displays information provided by the Professional either as part of their Professional Profile, or any Supporting Content), and to allocate any Non-Synchronous Consults however it chooses, but on a non-binding basis, its intention is to ensure that Professionals either appear on the Platform or are allocated Non-Synchronous Consults in response to any filtering criteria selected by a Client which the Platform may facilitate from time to time, for example, filtering by qualifications, based on Check My X-Ray’s internal algorithms (which may take other factors such as (but not including) availability, location (by postcode, which may be displayed), timeliness of Professional response, cancellation of Bookings, level of specialism in diagnosing particular orthopaedic trauma, and similar factors into account). Professional accepts that sometimes the categories or fields to which they have been assigned for the purposes of these filters may be incorrect and is encouraged to contact Check My X-Ray where they believe any errors have occurred, and further that the way in which the Professional’s profile is displayed and to which prospective Clients is entirely at Check My X-Ray’s discretion.
6.7 The Professional is under no obligation to continue any Synchronous Consult beyond any pre-arranged duration for a Synchronous Consult specified on the Platform, but should note that the Client will not automatically be charged (and the Professional shall not be entitled to invoice Check My X-Ray for) any additional fee where the Professional allows that any Synchronous Consult to continue beyond the pre-paid and pre-booked duration. Whether a Professional wishes to end any Booking at the expiry of any pre-paid time slot is solely at the discretion of the Professional and neither Check My X-Ray nor the Client will be responsible for any additional fees if and to the extent the Professional chooses not to do so. Any decision to end a Synchronous Consult should be clearly communicated to the Client concerned during the Booking, to ensure transparency in Client’s experience with Professional encountered on the Platform.
7.1 The Professional acknowledges that under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in the UK, Clients have a statutory right to cancel or re-schedule (subject to availability of their chosen Professional) any Synchronous Consult within the 14 day statutory cooling off period following placement of the Booking for same by following the steps outlined in their account on the Platform. If the parties wish to fulfil any Synchronous Consult before the expiry of the Client’s statutory 14 day cooling off or cancellation period, the Professional acknowledges that they must expressly notify the Client of their right to cancel in advance of the appointment commencing, and obtain their agreement to waive their cooling off rights. Insofar as the Client exercises their statutory cooling-off cancellation rights, the Professional acknowledges that Check My X-Ray is legally required to refund to the Client all relevant charges paid for the Booking, including the Check My X-Ray booking fee and any Professional Fee. The Professional also acknowledges that if they fail to expressly notify a Client of their cooling-off rights in advance, and proceed to deliver the Synchronous Consult without giving the Client the above notification, then the Client may be entitled to a refund notwithstanding that the Consultation Services have already been delivered. The Client Terms are, however, clear that no Client may cancel or re-schedule their Synchronous Consult less than 24 hours before the Booking is due to commence. For completeness, the above does not apply to Non-Synchronous Consults, where the Platform will indicate to Clients at the point of Booking that they are waiving any statutory cooling-off period by requiring the Professional to immediately start work on delivery of the Non-Synchronous Consult, so as to deliver their written advices within the target 24 hour timeframe. Insofar as the Client properly exercises such cancellation rights, Check My X-Ray shall refund the Client all relevant charges paid for the Booking, including any booking fee or Check My X-Ray Commission and any Professional Fee that would otherwise be payable to the Professional.
7.2 If the Professional chooses to let a Client cancel a pre-arranged Booking after expiry of their relevant rights (as noted above), this is entirely at the Professional’s discretion (and shall be honoured by Check My X-Ray), but for clarity, the Client’s right to be refunded any Professional Fee, according the relevant Professional’s policies, shall not entitle Client to a refund of any client booking fee paidto Check My X-Ray (which covers booking costs, payment processing and other costs incurred by Check My X-Ray which it cannot recover) (i.e. the Check My X-Ray Commission or any separate booking fee charged by Check My X-Ray).
7.3 By default, Client is also allowed to re-schedule any Synchronous Consult provided that they notify the Professional via the Platform giving not less than 24 hours’ prior notice and pick a date at which the Professional is available occurring within the next month following the scheduled date of the Client’s original Booking.
7.4 Clients are entitled to end their participation in any Synchronous Consult call at any time, but any amounts paid in advance for that Booking will not be refunded.
7.5 Professionals may not end a Synchronous Consult during the currency of any pre-paid or pre-arranged Booking, or cancel future pre-paid or pre-arranged Bookings, except where, acting reasonably and in good faith, they believe the Client to have breached the Client Terms in some material way (for example, by sending them offensive or insulting messages) or where the Professional is unable, having used best endeavours, to honour the Booking, for example in cases of illness or emergencies. In such circumstances, the Professional must immediately notify the Client. Check My X-Ray reserves the right to remove Professionals from the Platform and terminate the Agreement where Professionals repeatedly cancel Bookings with Clients. Where possible Check My X-Ray may offer the Client either a Synchronous Consult at the same time with another Professional, an opportunity to re-book the Client’s Booking with the same Professional at a different time. However, Check My X-Ray also reserves the right to refund the Client in full (i.e. to repay all Agreed Charges) for any cancelled Bookings (less any applicable deductions) in which case the Professional Fees for such Bookings will either (a) not be transferred to the Professional; or (b) deducted from any future payments where the Professional has already been paid (as noted below / above). Check My X-Ray also reserves a right to charge the Professional for the Check My X-Ray Commission on those cancelled or improperly performed Bookings as noted above. The parties confirm that these liquidated damages are reasonable and proportionate to protect Check My X-Ray’s legitimate interest in proper and lawful performance of the Consultation Services by the Professional.
7.6 The Professional must immediately notify Check My X-Ray if they no longer provide Consultation Services, any information relevant to their profile or their compliance with the Agreement changes in any way, or any of the representations or commitments it has made in the Agreement change, whether temporarily or permanently
8.1 The Professional acknowledges that Check My X-Ray does not provide / undertake any supervision for / of the Professional or the Consultation Services, and are not responsible for the actions or omissions of any Clients.
8.2 If the Professional considers that a Client has acted in a way towards him/her that would constitute a crime, or has disclosed a crime the Professional is under a legal duty to report, the Professional should immediately make a report to the appropriate authorities if they are obliged to, or wish to, do so, and then, unless prohibited by law, to Check My X-Ray at info@checkmyxray.com quoting the police incident report number, date(s) and time(s) of any the alleged behaviour / the Bookings at which they took place and the identity of the Client in question if available (where applicable and Professional is lawfully permitted to provide same). For conduct falling short of a crime, which the Professional considers to be in violation of the Client Terms, or otherwise inappropriate, the Professional may end a Consultation and may also report such behaviour to Check My X-Ray using the features available in Platform. The Professional’s report may cause Check My X-Ray to investigate such behaviour and/or bar an individual Client from the Platform, but Check My X-Ray shall not be obliged to act beyond that which is required by law and will not be obliged to incur any additional liability or expense in doing so.
8.3 The Professional must not provide any personal data to any Client beyond that which is permitted or required in the Information Requirements within their Professional Profile, including during the course of any Consultation Services (other than their name, email address and address if requested by a Client and agreed by the Professional for the purposes of providing in-person Consultation Services under a pre-paid Booking). They must also communicate to the Client that the Clients must not disclose any personal data relating to third parties during the course of any Booking (or must use pseudonyms when referring to third parties), in order to preserve the relevant data protection rights of third parties. In that spirit, Professionals should not request or encourage Clients to share any personal data or other sensitive or confidential information other than what the Client volunteers as part of the Consultation Services.
8.4 In the event that the Client, or the Client’s child or ward on whose behalf the Client is placing a Booking Request, presents a condition or issues which are outside the Professional’s expertise or requires Excluded Services, where in the Professional’s (informed) judgment the Client lacks the mental capacity to consent to receiving the Consultation Services, is not available at any Booking to supervise their child or ward, or other circumstances mean that it would be inappropriate or unlawful (including under any Applicable Laws or good industry practice) to deliver any Consultation Servicesin all the circumstances (for example, where the Client Data is not sufficiently clear), the Professional should not deliver such Services and should inform the Client accordingly (and Check My X-Ray, in respect of any Non-Synchronous Consult), end any Synchronous Consult, where applicable and appropriate, and recommend to the Client that a physical in-person consultation should be arranged either with the Professional or with another professional who is suitably qualified to address the Client’s reported issues.
8.5 The Professional must:
8.5.1 satisfy itself that providing Consultation Services is safe and suitable for the Client; and
8.5.2 explain to Clients that the Consultation does not entail any Excluded Care, and any additional risks that may arise as a result;
8.5.3 obtain the consent of the Client to the storage of their personal data on the Platform if they share personal data unsolicited; and
8.5.4 take sole responsibility for determining the appropriate Consultation Services and any associated content or deliverables provided to any Client (including whether and to what extent to adopt any Check My X-Ray Content).
9.1 The Professional shall provide Check My X-Ray with any relevant information that Check My X-Ray reasonably needs to provide the Platform services under the Agreement.
9.2 The Professional warrants and undertakes (a) that all Professional Materials (including any information or documents provided by them or on their behalf as part of the registration process, and the contents of their Professional Profile) are honest, accurate, genuine, complete and not misleading, and (b) that they shall meet the requirements of clause 2.1 at all times during the Term. The Professional agrees to promptly update such information as necessary to ensure it at all times remains honest, accurate, genuine, complete and not misleading, and immediately notify Check My X-Ray of any change in the circumstances set out in clause 2.1.
9.3 Check My X-Ray will not cover any costs incurred by the Professional in carrying out its obligations under the Agreement or any Booking, including in relation to any services or Supporting Content provided or prepared in respect of a Booking. Professionals must incur all their own costs in provision of the Consultation Services.
9.4 At all times in relation to the Platform, the Professional shall abide by all Applicable Laws. In the event that the Professional becomes subject to any complaint which (i) is investigated by a Certification Body or any legal authority (including the Police or courts), (ii) is material or serious in nature (including where any criminal or inappropriate conduct is alleged); or (iii) has been repeated or (iv) which calls the Professional’s conduct or competence to practice into question, the Professional shall immediately notify Check My X-Ray in writing and not accept any further Bookings or fulfil any Bookings already contracted for. If the Professional believes that he/she is not fit to practice at any time, the Professional shall immediately cease providing any Consultation Services and notify Check My X-Ray. In such cases any content or other association between the Professional and Check My X-Ray may be removed at Check My X-Ray’s sole discretion.
9.5 The Professional will keep confidential, any password or other authentication for its use of the Platform and not share it with any third party, and shall notify Check My X-Ray immediately on suspicion that any other person has obtained access to it. The Professional is solely and fully responsible for all activities that occur under its account for the Platform, even if such activities are not authorised by the Professional. The Professional must not operate a service or automated account or subcontract Consultation Services to any third party (on the basis that Clients expect to contract with named Professionals and for clarity and transparency on delivery of relevant Consultation Services from a medical and legal perspective). We will not be responsible to the Professional for any loss suffered as a result of an unauthorised person accessing the Professional’s account and using the Platform and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise. If the Professional notice an unauthorised use or breach of their account, they must notify us immediately at info@checkmyxray.com.
9.6 Check My X-Ray is not a party to any transactions for Consultation Services or Supporting Content between Clients and Professionals. In respect of any dispute arising between Client and Professional, the Professional releases Check My X-Ray (and its agents and employees) from claims, demands, and damages (direct and indirect) of every kind and nature arising out of or in any way connected with such disputes.
9.7 The Professional shall not:
9.7.1 have any authority to incur any expenditure in the name of or for the account of Check My X-Ray
9.7.2 amend any Onboarding Guidelines or hold those out as its own;
9.7.3 hold itself out as having authority to bind Check My X-Ray;
9.7.4 include in any written, graphical or promotional materials any logo, trade mark or branding of Check My X-Ray; or
9.7.5 represent itself as an employee or worker of Check My X-Ray or of any Client.
9.8 The Professional shall be responsible for the supply and maintenance of all equipment and facilities needed by it to carry out the Consultation Services.
9.9 The Professional shall ensure that the Consultation Services fully address each requirement as set out in the Booking, and provide the Consultation Services in compliance with any professional standards required by any Certification Body, Good Industry Practice and all Applicable Laws.
9.10 The Professional shall ensure that the Information Requirements are complied with in its Professional Profile.
9.11 From time to time, Check My X-Ray may share Check My X-Ray Content with Professional, and/or permit Professionals to utilise Check My X-Ray Content in delivery of Consultation Services to Clients. For clarity, Check My X-Ray does not warrant or represent the accuracy, sufficiency or appropriateness of such Check My X-Ray Content in delivery of Consultation Services to any Clients. Professional is under no obligation to utilise any Check My X-Ray Content, and must determine, in their sole professional discretion, what content to provide to any Clients as part of any Consultation Services, and the appropriateness of such content for that particular Client’s needs. The licence to use such Check My X-Ray Content is non-transferable, non sub-licensable, subject to these terms and conditions, and limited solely to use of the Check My X-Ray Content in connection with delivery of the Consultation Services to Clients (where and to the extent Professional, exercising their reasonable professional judgment, considers this to be appropriate), for so long as the agreement between the Professional and Check My X-Ray continues in force. After such time, any Check My X-Ray Content (constituting the Confidential Information of Check My X-Ray) must be deleted, and may no longer be used by the Professional.
9.12 To the extent that the Client shares personal data, for the purposes of Data Protection Laws, the Professional and Check My X-Ray shall each be separate data controller of the Consultation Data and Account Data. The Professional shall ensure that such Client Data shall at all times be processed by it in accordance with all applicable data protection laws, including but not limited to the requirement that appropriate data privacy notices are provided to the Client in respect of the Professional’s processing of such data. The Professional shall be deemed to have collected such Consultation Data or personal data . Whilst the Platform may restrict the downloading of Client Data from the Platform by the Consultant themselves, and Check My X-Ray would encourage the Consultant to only communicate with the Client through the Platform or its supported features with respect to the provision of the Consultation Services, ultimately this is a matter for the Consultant as the relevant data controller, and the Consultant can request a copy of Client Data at any time (and is required to do so prior to termination of their account).
9.13 The Professional shall not: (a) other than as permitted by law, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform and/or its documentation (as applicable) in any form or media or by any means; nor attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; (b) access all or any part of the Platform Services in order to build a product or service which competes with the Platform Services; (c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform Services available to any third party; (d)) attempt to obtain, or assist third parties in obtaining, access to the Platform Services, other than to lawfully provide Consultation Services in accordance with the Agreement; (e) interfere with or disrupt the integrity or performance of the Platform Services or third party data contained therein; (f) attempt to gain unauthorised access to the Platform Services or their related systems or networks, including with a view to making alterations to, or modifications of, the whole or any part of the Platform, or permitting the Platform or any part of it to be combined with, or become incorporated in, any other programs; or (g) act in any way which is or is likely to be prejudicial or detrimental to, including by way making any disparaging or defamatory comments regarding, us or our employees, officers, directors, and affiliates. This clause does not restrict the Professional from responding accurately to legal inquiries or exercising protected rights.
9.14 The Professional warrants that when providing the Consultation Services, they shall comply with Check My X-Ray’s non-accidental injury policy available at [ ] [Note: URL TBC]. They accept that compliance with their legal and professional obligations in this regard is entirely a matter for them, and that the policy is only intended as a useful guide to assist Professionals in understanding their obligations, and may not be correct, complete or up to date. The provision of the policy does not mean that Check My X-Ray owes or accepts any duty of care to Professionals, or that it is providing the Professional with legal or regulatory advice.
9.15 Use of the Platform entitles the Professional to access to a Heidi account, an AI note taker application, to automatically transcribe conversations held via the Platform as noted above. The Professional is entitled to use Heidi outside of the course of providing Consultation Services, but their account continues only so long as they have an account with Check My X-Ray, and is subject to Check My X-Ray’s right to terminate the account, for example where the Consultant is not delivering the agreed required minimum volume of Consultation Services via the Platform. The Professional acknowledges that it shall agree to and adhere to Heidi’s terms of service from time to time whenthe Platform, and that Heidi is provided by Check My X-Ray on a pass-through, as-is and as-available basis, without any acceptance of responsibility or liability for its use by Check My X-Ray.
10.1 Subject to the remainder of these Terms, nothing in the Agreement shall prevent the Professional from carrying on being engaged, concerned or having any financial interest in any capacity in any business, trade, profession or occupation during or after the Agreement. If the Professional is involved in similar platforms they shall not provide access to those third parties to their account on Check My X-Ray or share any information about the functionality available to them in the Platform with such third parties. The Platform interface, dashboard and other functionality available to the Professional is the Confidential Information of Check My X-Ray and not to be publicly displayed.
11.1 The Professional represents and warrants that it has the legal power and authority to enter into the Agreement (in the case of an individual representing a the Professional, on that organisation or entity’s behalf), and that the Agreement is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of the Agreement, and that the Agreement is accordingly binding upon each party and enforceable per its terms.
11.2 The Professional acknowledges and agrees that the relationship between the Professional and Check My X-Ray is that of independent contracting parties. The Professional is not a partner, worker or employee of Check My X-Ray. The Professional does not have authority to enter into written or oral contracts on behalf of Check My X-Ray, of either an implied or express nature
11.3 Check My X-Ray shall not, and shall not be entitled to direct, control or oversee a Professional’s work or require that it be performed in any particular manner. Check My X-Ray does not control a Professional’s manner of carrying out the Booking, work hours, location of work, or length of time to complete the Booking, save as outlined in the Agreement.
11.4 The Platform is not an employment agency or employment business.
11.5 Check My X-Ray acknowledges that the Professional provides Consultation Services as part of its own business, and that the Professional shall be entitled to:
11.5.1 specify the dates and times at which it wishes to accept Bookings on schedule, when available (either via instant book or indicative availability);
11.5.2 organise its workload of Bookings as it sees fit subject to adhering to any times agreed with a Client in a Booking; and
11.5.3 use any materials, equipment or tools selected by it which it is lawfully entitled to use, and which are suitable for performance of the Platform (subject only to adhering to the Onboarding Guidelines for the first Client Booking).
11.6 The Professional is solely responsible for providing any necessary equipment, materials and expertise necessary to meet its obligations under the Booking, including physical premises for in-person Consultation Services.
11.7 Check My X-Ray will not be liable for any tax or withholding, including but not limited to National Insurance, health insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Client’s use of a Professional’s services. The Professional agrees to indemnify Check My X-Ray and its affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with
11.7.1 the Professional being classified by HMRC (or any other public or government body of similar standing in the Relevant Jurisdiction) as a worker or employee of Check My X-Ray (or as having any analogous status within the Relevant Jurisdiction);
11.7.2 any other relevant third-party claims under any employment-related laws, such as those relating to wrongful or unfair dismissal, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday pay, retirement benefits, or any other employee benefits (or any analogous claims or liabilities under employment or similar laws in any Relevant Jurisdiction).
11.8 The Professional agrees that it is responsible for its own accounting and tax affairs and that it will indemnify and hold Check My X-Ray entirely harmless from any claims from HMRC (or any other public or government body of similar standing in the Relevant Jurisdiction) in respect of any tax, pensions contributions, national insurance contributions, pay related social insurance (or any similar or related liabilities, emoluments or payments) payable in respect of any Booking on account of any claim or finding that the Professional has or had deemed employment status (or any analogous status under employment or similar laws in the Relevant Jurisdiction).
11.9 The Professional may not appoint any substitute to provide Consultation Services under their name or on their behalf, or use generative AI, large language models or any similar technologies to automate any replies to Clients via any chat log on the Services or (save for the functionality integrated into the Platform) as part of any Consultation Services. The Professional acknowledges that this restriction is required given the specialist nature of the Consultation Services required, the fact that they are advertising and holding themselves out as professionals with particular skills and expertise (which Clients will rely on when placing Bookings with them) and the restrictions that mayapply under applicable laws in Relevant Jurisdiction (including the liability requirements of the Professional’s insurance policies).
12.1 Check My X-Ray undertakes that the Platform Services will be performed with reasonable skill and care, further subject to downtimes for planned maintenance or outside Check My X-Ray’s reasonable control. Otherwise, Check My X-Ray gives no warranties concerning the Platform Services.
12.2 The undertaking at clause 12.1 shall not apply to the extent of any non-conformance which is caused by (a) use of the Platform Services contrary to Check My X-Ray's instructions or otherwise than as permitted by the Agreement, (b) issues with equipment (software and hardware) (the Professional Equipment) used to access the Platform Services (including use of any unsupported mobile or desktop browser); or (c) acts or omissions otherwise attributable to the Professional and/or outside Check My X-Ray’s reasonable control. If the Platform Services do not conform with the foregoing undertaking, Check My X-Ray will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance within a reasonable timeframe. Such correction constitutes the Professional's sole and exclusive remedy for any breach of the undertaking set out in clause 12.1. Notwithstanding the foregoing, Check My X-Ray does not warrant that the Professional's use of the Platform Services will be uninterrupted or error-free, nor that the Platform Services and/or their documentation will meet the Professional's requirements.Check My X-Ray undertakes that the Platform Services will be performed with reasonable skill and care, further subject to downtimes for planned maintenance or outside Check My X-Ray’s reasonable control. Otherwise, Check My X-Ray gives no warranties concerning the Platform Services.
12.3 The Agreement shall not prevent Check My X-Ray from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under the Agreement.
12.4 Except as expressly and specifically provided in the Agreement: (a) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Agreement, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement; (b) the Platform Services and all other services provided, procured and/or sub-contracted by Check My X-Ray under the Agreement, including any Check My X-Ray Content, are provided to the Professional on an “as is” and “as available” basis; and (c) the Professional assumes sole responsibility for the use of the Platform Services, any Check My X-Ray Content and their associated documentation by the Professional and Authorised Users, and for conclusions drawn from such use, including any decisions made as a result of the Professional’s use of the Platform Services or Check My X-Ray Content, and for the provision of the Consultation Services to Clients. Check My X-Ray shall have no liability for any damage caused by errors or omissions in any information, instructions or data provided to Check My X-Ray by the Professional in connection with the Platform Services, or any actions taken by Check My X-Ray at the Professional’s direction.
12.5 Check My X-Ray shall have no liability to the Professional under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Check My X-Ray or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of Check My X-Ray’s or sub-contractors. Check My X-Ray shall not be responsible for the failure of any third party systems or platforms with which the Platform Services interact.
12.6 Check My X-Ray does not warrant that the Platform Services or any Check My X-Ray Content will meet the Professional’s or any Client’s requirements; that the Platform Services will be uninterrupted, timely, secure, or error-free; that the information provided through the Platform Services is accurate, reliable or correct; that any defects or errors will be corrected; that the Platform Services will be available at any particular time or location; or that the Platform Services is free of viruses or other harmful components. Check My X-Ray will not be responsible for any risk of loss resulting from the Professional’s downloading or using files, information, Data or other material obtained from the Subscription Service. Professional acknowledges that it has assessed the suitability of the Platform Services for its requirements and, where it chooses to use same, the suitability of any Check My X-Ray Content for any Client’s requirements.
12.7 Timing for performance of Check My X-Ray’s obligations under the Agreement shall not be of the essence.
12.8 The Professional must ensure that its network and systems comply with the relevant specifications provided by Check My X-Ray from time to time, be solely responsible for procuring and maintaining its network connections and telecommunications links, and maintaining appropriate the Professional Equipment
12.9 Equipment.12.9. The Professional may use standalone third party applications when accessing the Platform Services, for example where the Platform Services uses third party applications to authenticate the Professional’s account on the Platform. While the Agreement represents Check My X-Ray’s agreement with the Professional, other parties’ terms govern their relationships. Whilst Check My X-Ray takes no responsibility for the Professional’s adherence to such terms or the actions taken by such third parties, the Professional warrants and represents that it will honour and adhere to such terms when using the Platform Services, and that the Professional will not hold Check My X-Ray responsible for any interactions with such third parties or their services, sites or terms, including for wrongful or negligent acts or omissions, or breaches of contract.
12.10 Check My X-Ray does not control the content, messages or information found in or on or accessible through, or pulled into the Platform Services via, any third party software, sites or services accessible through or integrated with the Platform Services. Check My X-Ray disclaims and will have no liability regarding such software, sites or services and any actions resulting from the Professional’s use of the same. Such sites or services’ availability does not mean Check My X-Ray endorses, supports or warrants such sites or services.
12.11 Check My X-Ray shall not be responsible for any issues with performance of any third party applications, and their integration within and functioning through the Platform Services at all times is outside Check My X-Ray’s control and is not guaranteed. The third party integrations supported by the Platform Services are not guaranteed, may change from time to time, and the Professional must always have a valid third party account or subscription for any such applications and pay all relevant fees for same (which are not included as part of the Platform Services).
12.12 Check My X-Ray shall use reasonable endeavours to maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of the Platform and data stored thereon. However, the Professional understands and acknowledges that use of the Platform Services necessarily involves transmission of data over networks that are not owned, operated or controlled by Check My X-Ray, and that Check My X-Ray cannot be held responsible for any the Professional Data lost, altered, intercepted or stored across such networks. Check My X-Ray does not guarantee that its security procedures will be error-free, that transmissions of the Professional Data will always be secure or that unauthorised third parties will never be able to defeat Check My X-Ray’s security measures or those of Check My X-Ray’s third party service providers.
12.13 Check My X-Ray may, from time to time at its discretion, generally upgrade and improve the Platform Services as it sees fit, and the Professional acknowledges that such upgrades and improvements may affect its use of the Platform Services.
12.14 Professional acknowledges and accepts that (a) Check My X-Ray does not and cannot warrant or represent that the Platform Services or any Check My X-Ray Content are compliant with any regulatory or legal requirements to which the Professional may be subject, or which may be relevant to the purposes for the Platform Services may be used (including any Applicable Laws) (and the Professional assumes that risk and confirms that there is no restriction under any Applicable Laws in their delivering Consultation Services via the Platform), and (b) Check My X-Ray cannot be held responsible or liable for human error and negligent or fraudulent use of the Platform Services or Check My X-Ray Content, or determining their appropriateness or suitability for particular Clients.
12.15 The Professional may from time to time get access to information that isn't yet publicly available about new products and features that Check My X-Ray plans to offer. Given the nature of this information, it is important that the Professional keeps it confidential. The Professional agrees that any beta service (Beta Service) information that isn't yet in the public domain, for example, information about a preview for a new Beta Service, is Check My X-Ray’s Confidential Information, whether or not expressly labelled as such. The Professional will keep such information strictly confidential and not discuss or share it with any third parties. Professional must also treat Check My X-Ray Content as Check My X-Ray’s Confidential Information, save that it may be shared with Clients (when either interacting directly or engaged through the Platform) without restriction.
13.1 The Professional warrants and represents that it will not transmit or process any Professional Materials or Supporting Content which are: (a) unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitate illegal activity; (c) depict sexually explicit images; (d) promote unlawful violence; (e) are discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any illegal activity; (f) cause damage or injury to any person or property; (g) in breach of any relevant ethical standards (including those promulgated by appropriate Certification Bodies, or required to be adhered to under any certification held by the Professional; (h) are in breach of Check My X-Ray’s acceptable use policy, culture and values; (i) infringe any third party’s copyright, trade mark, or other intellectual property rights; (j) infringe any third party’s rights of publicity or privacy; or (k) contain any viruses or other malware.
14.1 The Professional shall keep Check My X-Ray indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, ex gratia payments, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Check My X-Ray as a result of or in connection with
14.1.1 the Consultation Services, Supporting Content or the Professional Materials or any related matter, or any breach by the Professional of its obligations under Data Protection Laws in respect of Clients’ personal data (as defined in the Data Protection Laws);
14.1.2 any claim, complaint, action or dispute (as well as, where requested by Check My X-Ray, defending Check My X-Ray against same) made against Check My X-Ray by a third party for death, personal injury (including issues pertaining to mental health) or damage to property arising out of, or in connection with the Consultation Services or the Supporting Content (except to the extent that the same is caused by the negligence or wilful default of Check My X-Ray); and
14.1.3 any claim, complaint, action or dispute (as well as, where requested by Check My X-Ray, defending Check My X-Ray against same) made against Check My X-Ray by a third party arising out of or in connection with the supply of the Consultation Services, whether or not such claim arises out of the breach, negligent performance or failure or delay in performance of the Booking or other content delivered by the Professional, its employees, agents or subcontractors
15.1 The Professional shall maintain in force during the Agreement (and for a period of 12 months following it) full and comprehensive Professional Indemnity Insurance (with an insurer, and in an amount (per incident) of not less than that, required or approved by the Professional’s Certification body, or required under the laws of the Relevant Jurisdiction to which the Professional is subject, as applicable). The Professional shall on request supply to Check My X-Ray copies of such insurance policies and evidence that the relevant premiums have been paid. If required by the insurer, the Professional agrees to inform its insurer of its registration with Check My X-Ray and that it may be undertaking Consultation Services arranged by means of the Platform. The Professional must also inform Check My X-Ray as to which countries or territories, and in respect of what Consultation Services, they are licensed and insured to cover.
16.1 The Agreement shall commence on the date on which the Professional’s account on the Platform is set up and shall continue until terminated in accordance with clause 17.
17.1 We have the right to suspend, withdraw or modify the Platform (in whole or in part) without liability to the Professional at any time, including in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Platform; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Platform); or because it is no longer economically viable or efficient to provide the Platform. If the Platform is unavailable for any Booking the Client have placed with a Professional, the Professional shall be responsible for ensuring that they are able to deliver the Consultation Services to the Client (for example, for communicating letters or holding video consultations), and where they fail to do so, the Client’s claim shall be against them only.
17.2 The Agreement can be terminated, without cause, by Check My X-Ray with immediate effect at any time by providing the Professional with prior written notice.
17.3 The Agreement can be terminated without cause by the Professional giving us not less than 3 months’ prior written notice. The Professional is responsible for ensuring that they don’t accept any Bookings that would fall after the termination of their account.
17.4 The Agreement may be terminated forthwith at any time by either party on written notice to the other if:
17.4.1 the other commits a material breach, or series of breaches resulting in a material breach, of the Agreement;
17.4.2 the other becomes unable to pay its debts, has a receiver or administrator appointed, enters bankruptcy proceedings, or otherwise becomes subject to any insolvency proceedings or process, or subject to any analogous process in the jurisdiction within which they are based;
17.4.3 the other suspends trading, ceases to carry on business, or threatens to do either;
17.4.4 the other (being an individual) dies or ceases to be capable of managing his own affairs or providing the services; or
17.4.5 the other fails to make any payment due under the Agreement by the due date for payment.
17.5 The Professional’s account on the Platform shall be terminated contemporaneously on termination of the Agreement (or as soon as the removal of the account can be processed by Check My X-Ray) and any right or licence the Professional had to use the Platform shall end. Professional shall no longer be able to deliver Consultation Services via the Platform from that date.
17.6 It is incumbent on the Professional to request that we provide a copy of patient related information from their account prior to termination, but the Professional will no longer have any real-time access to any Client Data or Supporting Content following termination. Similarly, the Professional mustcease to use any Professional Materials incorporating any Check My X-Ray branding or referring in any way to Check My X-Ray following termination of the Agreement.
17.7 Termination of the Agreement shall be without prejudice to the continuation in force of any clauses of these Terms which by their nature or the context are expressed or implied to survive such termination, including, without limitation, clauses 1 – 3 (inclusive), 4.2 – 4.5 (inclusive), 4.8, 5.6, 8.2, 8.3, 9.5, 9.6, 9.7, 9.12, 10 – 15 (inclusive) (other than clause 12.1) and 17 – 20 (inclusive).
17.8 Termination of the Agreement shall not impact the accrued rights of the parties up to the date of termination.
18.1 If the Professional gives Check My X-Ray any Feedback it acknowledges and agrees that Check My X-Ray will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual licence to implement, use, modify, commercially exploit or incorporate the Feedback into Check My X-Ray’s products, services, and documentation, and shall be free to use such Feedback to promote same.
18.2 Professional hereby assigns to Check My X-Ray full equitable and legal title (free of any third party rights or claims) in and to the Professional Materials and Supporting Content and any IPRs comprised in same, for Check My X-Ray to reproduce, use or commercialise same as it sees fit. Professional also waives, or shall procure the waiver of, any moral rights or any equivalent rights arising anywhere in the world in respect of the Professional Materials and any Supporting Content and any IPRs comprised in same. The Professional must treat any Supporting Content as confidential and not share it with third parties outside the Platform or keep any separate record of Supporting Content outside the Platform, unless otherwise expressly agreed in writing with Check My X-Ray.
18.3 Check My X-Ray is the owner or the licensee of all intellectual property rights in the Platform, including all rights in the Client Data and any other data processed by the Platform, as well as in any Check My X-Ray Content. The Platform and Check My X-Ray Content (or other Confidential Information) is protected by copyright laws and treaties around the world. All such rights are reserved.
18.4 The Professional must not use any part of the Platform or any content on it (including any Check My X-Ray Content), for any commercial purposes other than for the purposes of the Agreement, without first obtaining a licence to do so from Check My X-Ray.
18.5 The Professional agrees:
18.5.1 Not to reproduce, duplicate, copy or re-sell any part of the Platform.
18.5.2 Not to access without authority, interfere with, damage or disrupt any part of the Platform; any equipment or network on which the Platform is hosted or stored; or any software used in the provision of the Platform.
18.5.3 The word Check My X-Ray™ and the Check My X-Ray branding and logo are unregistered trademarks of Check My X-Ray Limited. The Professional is not permitted to use them without Check My X-Ray’s prior written approval, save that Professional may link to the Check My X-Ray’s Platform (either the web site / web app, or to app stores by which the mobile app can be accessed), and share Supporting Content so as to advertise the fact that they offer Consultation Services via the Check My X-Ray Platform, and share Check My X-Ray Content with Clients as part of the Professional’s Consultation Services, provided it does so fairly and legally and in a way that does not damage Check My X-Ray’s reputation or take advantage of it, and complies with any branding or advertising guidelines required by Check My X-Ray from time to time. Professional must not establish a link in such a way as to suggest any particular / specific approval or endorsement of the Professional or their particular Consultation Services on Check My X-Ray’s part where no such association, approval or endorsement exists. Professional must not establish a link to Check My X-Ray’s Platform on any website or platform that Professional does not own unless Professional has relevant authorisations. Check My X-Ray reserves the right to withdraw linking permission without notice. The website in which Professional is linking must comply in all respects with the content standards set out in the Agreement. The web app must not be framed on any other site. Check My X-Ray may withdraw this licence at any time on notice. If Professional wishes to link to or make any use of data on Check My X-Ray’s Platform, or of the Supporting Content, Check My X-Ray Content or Professional Materials, other than that set out above or elsewhere in these terms, it must obtain Check My X-Ray’s prior written consent.
19.1 Nothing in the Agreement shall limit or exclude Check My X-Ray’s liability for:
19.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
19.1.2 fraud or fraudulent misrepresentation; or
19.1.3 any other liability which cannot be excluded or limited as a matter of relevant law.
19.2 Subject to clause 19.1
19.2.1 Check My X-Ray shall under no circumstances whatever be liable to the Professional, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: (a) loss of profit;(b) loss of revenue; (c) loss of anticipated savings; (d) loss of reputation or goodwill; (e) loss of data; or (f) any indirect, special or consequential loss arising under or in connection with the Platform or the subject matter of the Agreement; and
19.2.2 Check My X-Ray’s total liability to the Professional in respect of all other losses arising under or in connection with any Booking and the subject matter of the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the fees actually retained by Check My X-Ray in respect of Consultation Services delivered by the Professional in the preceding 12 months prior to the date any relevant claim or cause of action first arose.
19.3 Check My X-Ray shall have no liability to Professional under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Check My X-Ray or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
20.1 If any provision (or part of a provision) of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
20.2 No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
20.3 The Agreement will bind and benefit each party’s successors and personal representatives. Subject to that, the Agreement is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20.4 Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law.
20.5 Check My X-Ray will share all notices and other communications regarding the Agreement to the Professional at the e-mail address provided on registering, or by means of the Professional’s account area on the Platform, or by any other means then specified by Check My X-Ray. Otherwise, any notice required or permitted to be given under the Agreement by the Professional to Check My X-Ray shall be in writing and shall be delivered or transmitted to Check My X-Ray’s registered office address from time to time. In the case of notice served by posting on the Professional’s account or by email, the notice shall be deemed given at the time such upload goes live onto the website or at the time of transmission of the email (respectively).
20.6 The Agreement (and the documents specified in it) constitutes the entire agreement between the parties in relation to its subject matter. No other terms apply and it supersedes any previous arrangement, understanding or agreement between the parties relating to its subject matter.
20.7 The Agreement will be governed by the law of Northern Ireland. Any dispute arising in relation to the subject matter of the Agreement will be submitted to the exclusive jurisdiction of the courts of Northern Ireland.
20.8 Professional shall not, without the prior written consent of Check My X-Ray (such consent not to be unreasonably withheld), assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement. Check My X-Ray shall be free to assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement without the consent of Professional but providing notice of any assignment or transfer
20.9 Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, or create any employer and employee relationship, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power), save for the rights the Professional affords to Check My X-Ray as expressly set out herein.
20.10 Notwithstanding any other provisions of the Agreement, nothing in the Agreement confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.
20.11 No amendment or variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives). The above notwithstanding, Check My X-Ray may, acting in its sole discretion, amend these terms and conditions from time to time and will endeavour to provide Professional with thirty (30) days’ notice before making the change effective when it does so.