Introduction
Confidentiality
Your health and medical information will be kept strictly confidential. Any information that we collect about you on our online site, in person, or via other means of communication (electronic or physical) will be kept strictly confidential and treated as any other medical record utilizing national guidelines established by governmental legal acts in England and the United Kingdom as well as that in your country of residence (if applicable), and will be subject to strictest privacy practices, and website Terms of Use/Privacy Policy (available at http://noviumclinic.com/privacy-policy/).
Parties
This Private Patient Contract Agreement for Service is entered into between QD Global Health Ltd (“QD Global”), a private concierge medicine company registered in the United Kingdom (formerly known and registered as MFN Medical Services Ltd), trading under the names Novium Clinic and Novium Health, and You, the patient (“Patient(s)”) for the provision of medical care via individuals consultations, contracts and memberships in QD Health’s health care plan(s) (“Contract(s)”, Plan(s)”, “Membership(s)” “Community(ies)”) and access to the services defined herein in this agreement (“Agreement”). QD Global and the Patient shall hereinafter be referred to as individually the “Party” and collectively as the “Parties.”
QD Global Health Ltd
QD Global is a professional medical services company that provides in-person and virtual health services that enable its Patients to access and consult with a licensed professional in person upon an agreed timing and location; and via electronic and online systems, methods and protocols. Patients will have unlimited access to certain member services, including, but not limited to, an online patient portal (Community), direct lines of communications, and, if appropriate, online technical support service.
Professional Services
The Patient and his or her covered family members (if applicable) will have up to 24/7 access (if applicable) to professional medical services from licensed physicians or supervised physician assistants and/or nurse practitioners, nurses, and allied health care professionals (“Professionals”) via telemedicine and other applications (“Professional Services”). The Patient acknowledges and understands that he or she will not receive any services from QD Global or its Professionals unless defined as a Member Service or Professional Service under this Agreement or the QD Global health care services list. The Patient acknowledges and understands that QD Global and its Professionals are engaged for limited purposes and may not be his or her primary care or specialized practitioner (unless otherwise stated in writing). QD Global and its Professionals may prescribe medicines or other treatments, procedures, services or products to Patient in connection with Patient’s treatment when able to; however, to the extent that such prescriptions or other treatments, procedures, services or products are discussed by the Professionals, neither QD Global (to the extent applicable), nor the Professionals shall be deemed to be making claims, expressed or implied, as to their total efficacy for any medical condition. The Patient may contact his or her primary care physician or specialist regarding any issues that may be identified or arise during receipt of Professional Services as per this Agreement.
The Patient acknowledges and understands that the scope and delivery of the QD Global Services set forth in this Section may be amended or modified at any time at the sole discretion of QD Global Health Ltd.
Billing and Payments
Regular Fees
The Patient shall be responsible for and agree to pay a fiat currency fee for each consultation and/or Professional Service as per the Fees Table provided online at https://noviumclinic.com/fees, before or after each consultation (as agreed upon), if and only if the consultation/Professional Service is not already included under another QD Global Health Contract, Membership or other Health Care Plan already paid for and enrolled in by said Patient.
Memberships (Contracts/Plans/Subscriptions)
The Patient shall be responsible for and agree to pay a fiat currency fee for each Regular Membership as per the Fees Table provided online at https://noviumclinic.com/fees before the start of each Membership. This Membership Fee shall cover all costs and expenses for the Patient’s access to and receipt of Member Services as defined in this agreement under the Regular Memberships section.
Professional Fees
The Patient shall be responsible for and agree to pay the fees for each Professional Service provided by QD Global Health and received by the Patient, if said Service was provided outside of the scope of any previously agreed upon and paid for Contracts or Memberships.
Miscellaneous
The fee amounts in this Section may change annually or at any time pursuant to an amendment to this Agreement at the sole discretion of QD Global Health Ltd., for any reason. QD Global shall provide online notice of such change at least seven (7) days prior to the effective date of any rate increase, unless such rate increase is caused by a change in law or regulation, or a change in the cost of providing services, in which case QD Global may give notice of an immediate rate change.
The Patient is hereby made aware that the fees described in this section do not include the costs of any prescription medicines or other treatment, procedure, service or product (collectively known as “Products”) provided by separate independent entities or individuals that may be prescribed or recommended by QD Global and its Professionals in connection with the Patient’s treatment, unless said Products fall under the Contract or Membership agreements paid for in advance by the Patient. The Patient understands that he or she may receive one or more separate bills for such Products, and is wholly responsible for payment of such costs, and furthermore, he or she understands that the independent entities and individuals will have their own billing and collection practices.
Insurance
The Patient is hereby made aware that QD Global Health’s Services to be provided pursuant to this Agreement may not be covered under any private or public health insurance policy or program. The Patient understands and agrees to be fully responsible for the payment of any and all fees due and that may become due under this Agreement, regardless of the existence of coverage for such items or services under any private insurance policy or program.
The Patient understands and agrees not to submit a claim, bill to or seek reimbursement from any public health program or any public health insurance plan or worker’s compensation plan for any item or service received under to this Agreement.
The Patient understands that he or she will not be able to appeal any determinations that a public health program, private health insurance plan, or worker’s compensation plan will not pay for any item or service received under this Agreement.
Services Provided
Professional Medical Services
The Services are QD Global Health’s medical services available to service users in the United Kingdom and her Territories. They include medical consultations, specialist management, tests and investigations and patient care provided in person, via telephone or via online means by QD Global Health’s health care professionals, as well as those professionals allied to or hired by QD Health for the purpose of provision of said selection of Service(s) and receipt of correct payment for said Service(s), selected Service(s) to the Patient, upon a mutually agreed time and place.
Professional Medical Services within Memberships
The Membership (aka “Plan, Subscription”) is an annual subscription to QD Global Health’s medical services available to clients in the United Kingdom and her Territories. It is a package inclusive of medical consultations, specialist management, tests and investigations and patient care provided in person, via telephone or via online means by QD Global Health’s health care professionals, as well as those professionals allied to or hired by QD Health for the purpose of provision of said selection of Service(s) and receipt of correct payment for said Service(s), selected Service(s) to the Patient, upon a mutually agreed time and place.
Patient Responsibilities
The Patient understands that it is his or her responsibility to gain access to a telephone, computer, email, the internet or video conferencing service to facilitate the provision of QD Global’s Services under this Agreement.
The Patient understands that it is the Patient’s responsibility to provide QD Global and its Professionals with accurate and complete medical records, history and descriptions of the Patient or covered family members’ condition and physical well-being. The Patient understands that, as with any service, to the extent that information provided is not accurate and complete, the Services provided by QD Global and its Professionals may be significantly affected and the Patient assumes any risk, and takes full responsibility and waives any claims against QD Global and its Professionals for personal injury, death or damages as a result, and agrees to the extent permitted by applicable law to defend, indemnify and hold harmless QD Global and its Professionals from and against any and all claims of any nature including all costs, expenses and legal fees, which in any manner result from inaccurate or incomplete information provided by the Patient or his or her authorized representative.
The Patient understands that he or she is responsible for requesting and bearing the costs of copying any medical records necessary for QD Global and its Professionals to provide services under this Agreement.
Transfer of Memberships
Regular (Fiat Currency) Memberships
Memberships offered are payable with fiat currency and are NOT transferrable, and NOT re-sellable.
Termination of Memberships
Each Memberships has a finite duration and runs on a monthly or an annual basis. Each will terminate one calendar year from date of purchase (for Annual Plans), and one calendar month from date of purchase (Monthly Plans), unless a further Membership is purchased by the Patient.
The Patient may immediately terminate the Membership without cause upon electronic notice to QD Global Health Ltd, via email (support@noviumclinic.com). If the Patient terminates his or her Membership, he or she will not receive a pro-rata refund of the remainder of the Membership’s Fee. The Patient’s access to Member Services and Professional Services will terminate immediately after the scheduled end of term of Membership. The Patient will have access, or will be able to request access to or an electronic copy of his or her medical notes and documentation, for fourteen (14) calendar days from the date of termination of the Membership.
Miscellaneous
Patient Consent
By participating in QD Global’s Services and Memberships, the Patient gives consent for advice, guidance, treatment and management of their health or medical issues. If the Patient refuses to agree, the Patient will be declined Services in QD Global’s Services and Memberships. For purposes of this Agreement, the term “Patient” includes any representative(s) of the Patient authorized to make decisions and sign this Agreement on the Patient’s behalf.
Notice of Privacy Practices
The Patient acknowledges having access to and reviewed QD Global’s Privacy Practices made available online, which provides information about how QD Global and its Professionals may use and disclose the Patient’s protected health information. The Privacy Policy may be subject to change. If you have any questions about the Privacy Policy, please contact QD Global Health directly.
Assignment
The Patient and covered family members shall not assign this Agreement, nor its right, title or interest herein assigned, transferred, conveyed, sublet or otherwise disposed of without the express written consent of QD Global and any attempts to assign this Agreement without written consent are null and void. QD Global will not necessarily be the provider of services under this Agreement and the Patient may be provided services under this Agreement by a contracted professional medical individual or entity. The Patient agrees that QD Global may delegate responsibilities related to the QD Global’s Services to one or more independent contractors.
Third Party Software
QD Global does not warrant any software created or licensed in connection with the provision of health care Services. Warranties with respect to Third Party Software are subject to such limits and conditions as are contained in the license agreements for the Third Party Software. Patient will be considered to have accepted the license agreements for the Third Party Software upon execution of this Agreement. The Patient agrees that Third Party Software may be a documentation or communication tool only, and that the Third Party Software is not intended to provide diagnoses, practice guidelines, advice or protocols for delivering medical care. The Patient also agrees that he or she shall be solely responsible to ensure that the documentation of medical care is accurate. Under no circumstances shall QD Global shall have any responsibility or liability as a result of this Agreement in connection with Third Party Software for decisions made or actions taken or not taken in rendering medical care or for information provided to the Patient or insurance companies, government agencies, or other payers.
Communications
The Patient acknowledges that access to and use of QD Global’s Services is reliant on various technologies, and that sensitive information may be transmitted over through routers, switches, and other devices owned, maintained, and serviced by third-party utilities and internet service providers, all of which are beyond QD Global’s control. QD Global assumes no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information its transit, or any delay, failure, interruption, interception, loss, transmission, or corruption of data or other information attributable to said transmission. The use of the communications technologies is solely at the Patient’s risk and is subject to all applicable local, regional, national and international laws.
No Third-Party Beneficiary
No provision of this Agreement shall be construed to confer any third-party beneficiary rights to any non-party other than covered family members or individuals specifically agreed upon prior to provision of Services.
Supervening Circumstances
QD Global shall not be deemed in violation of any provision of this Agreement if it is prevented from performing any of its obligations by reason of: (a) severe weather and storms; (b) earthquakes or other natural occurrences; (c) strikes or other labor unrest; (d) power failures; (e) nuclear or other civil or military emergencies; (f) acts of legislative, judicial, executive, or administrative authorities; or (g) any other circumstances that are not within its reasonable control. This Section shall not apply to obligations imposed under applicable laws and regulations.
Compliance
Any provision of law or regulation or judicial or administrative interpretation of same that invalidates, or otherwise is inconsistent with the terms of this Agreement that, in the reasonable judgment of either party, would cause one or both parties to be in violation of law or regulation shall be deemed to have suspended the terms of this Agreement; provided, however, that the parties shall exercise their best efforts to accommodate the terms and intent of this Agreement to the greatest extent possible consistent with the requirements of law and regulations.
Severability
If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, the remaining portions or provisions of this Agreement shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid, unless to do so would contravene the present valid and legal intent of the Parties.
Survival
All provisions of this Agreement that by their nature or express terms survive the expiration or termination of this Agreement, shall survive such expiration or termination.
Governing Law and Venue
This Agreement shall be enforced and construed in accordance with the laws of the England and United Kingdom. Jurisdiction of any litigation with respect to this Agreement shall be in the United Kingdom, with venue in a court of competent jurisdiction or any other court having competent jurisdiction in the United Kingdom. The only information released shall be the minimum necessary. In any action,
provided to the Patient or insurance companies, government agencies, or other payers.
Entire Agreement
This Agreement, including any exhibits or schedules annexed hereto, constitutes the entire understanding and agreement between the parties with regard to all matters herein. There are no other agreements, conditions or representations, oral or written, express or implied, with regard thereto. This Agreement supersedes, in the entirety, any and all previous agreements, whether oral or written, between the parties concerning the subject matter hereof.
Counterparts
This Agreement may be signed in any number of counterparts, no one of which need by signed by more than one party, and all such counterparts, when duly executed, will be considered an original of one and the same document.
BY VISITING THIS PAGE, YOU INDICATE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ITS TERMS AND ALSO SERVES AS AN ACKNOWLEDGEMENT THAT YOU HAVE RECEIVED THE HIPAA (OR SIMILAR) NOTICE FORM DESCRIBED ABOVE.
Revised/Reviewed: 31 January 2024
