It is your responsibility to read Livaware’s Terms of use (‘Terms’) of our service carefully before using Livaware services as they set out the basis on which we provide the Services to you. If you are unhappy with or do not agree with these Terms, then you should exit the website and not continue to use the services and cancel any planned visit.

These Terms apply to all of the users (including ‘you’) of our website (http://www.livaware.co.uk) and contact details (phone number, email) for the use of our healthcare services (‘Services’). These Terms apply to you as a private (self-funded) patient and should be read in conjunction with additional terms listed below.

By using the Services, you are agreeing to these Terms, including our fees and charging terms, along with the following additional terms, which also apply and shall be incorporated into our Contract with you including our Privacy Policy.

· Our Privacy Policy;

· Our fees.

Any reference to ‘these Terms; shall include all of these terms (as applicable).

Emergencies

Livaware is NOT to be used in an emergency situation.

If you believe that you or the person you are assisting is in an urgent or emergency situation you should immediately dial 999.

You should call 999 immediately in a critical or life-threatening situation, such as if someone has:

· Difficulty breathing

· Severe bleeding and it can’t be stopped;

· Severe chest pain;

· A severe allergic reaction

· A severe burn or scald;

· Loss of consciousness;

· Major trauma such as the result of a serious road traffic accident, a stabbing, a shooting, a fall from a height or a serious head injury; or

· Acute confused states and fits which aren’t stopping,

· Or if you believe someone is having a heart attack or stroke.

Company Information

Livaware Limited is a private health care company that provides treatment of disease, disorder or injury and diagnostic screening/procedures at the patients home or hotel, workplace, community clinic. The service is owned and operated by Livaware Limited (‘Livaware’, ‘our’, ‘us’, or ‘we’), a company registered in England (11837259). Livaware is regulated by the Care Quality Commission (‘CQC’). The CQC is the independent regulator of all health and social care in England. The CQC monitors, inspects, regulates and rates all hospitals, care homes, home-care agencies, GP practices and dental practices. To contact us, please email hello@livaware.co.uk. We may contact you by email to the email address provided in your account, by written communication to the postal address provided in your account or by a general notice.

Our Services

Livaware offers a Service (each a ‘Service’ or together the ‘Services’) form which enables you to connect online via Referrals page; and we will call you to obtain the relevant information so we can provide you with patient health care service in a location convenient to you or on behalf of the person you are booking the service for. Each of our nurses are trained health care professionals with experience in both community and acute care settings and diagnostic care. Our Services are available to you if you are in the England and Wales of the United Kingdom. Special measures must be taken if any of the Services are requested outside of the United Kingdom.

Livaware does not currently offer a prescription provision or fulfilment service. Prescriptions should only be issued by registered practitioner, where it is appropriate, legal, responsible and professionally recommended in the circumstances and as a result of discussion and mutual agreement between you and the practitioner.

We are a London based business but can see patients nationwide. For jobs outside of a London borough, a distance/time surcharge will be payable extra and is set at £2.50 per mile of travelling (outward and return) from the CQC-registered address of Livaware (for this address please contact us). This is to cover distance and time spent. Prices can be quoted beforehand. The minimum visit fee is applicable to all visits.

If you want a same day Visit, you will need to contact +4746 418 8913. Same day bookings will be subject to a £50.00 fee. Bank Holidays are charged 1.5x the total normal visit fee. We do not usually see patients out of hours but if agreed by registered manager, Out of hours (2000-0800) bookings will be charged at 1.5 x rate unless otherwise agreed or part of a package. The waiting time and all other estimates provided are base on our best estimates having reviewed live activity and usage statistics. You accept that the waiting time and all other time estimates are provided as a guide only and do not guarantee provision of services, or that a connection with Livaware will be made within certain time parameters, or within a given time period or at all. You accept that we will not refund fees based on waiting times or any other time estimates being inaccurate.

You can book an appointment by:

- Calling Livaware on the advertised numbers

- Filling out a contact form

- Asking your GP/healthcare professional to refer yourself to Livaware.

Visits are subject to availability. Visit times are subject to change are only made available to you at our sole discretion but we will try our best to accommodate your and your referrers required date and time that the Service should be rendered to you or the person you are representing. Bookings are confirmed when all details are received (via a referral form) for a visit at least 12 hours prior to visit, unless a same day visit as agreed (incurs fee).

In the event that:

- You require medical advice and you are unable to access Livaware services for whatever reason, for example;

o there are no visits available

o it falls outside our scope of clinical practice and registration

o you feel you no longer require visits.

It is your sole responsibility to take care of your own health and make your own decisions. You can either rebook an appointment with Livaware or seek appropriate alternative medical advice from alternate service providers (e.g. your NHS GP if you are registered to one).

A clinical service visit is not usually a fixed block of time, unless explicitly stated. Our staff are not doctors by profession, they are registered nurses, with their own registration and regulatory requirements.

You will receive a phone call to confirm the appointment time. If you do not receive a phone call 24 hours after referral, please contact us on information provided on the website.

Your right to make a change to a Visit once booked. If you wish to make a change to the date or time of your visit once confirmed, you should do this via phone call or email. We will confirm if the change is possible. If it is possible, we will let you know about any changes to the date or time of your Visit. If a change is possible, we will let you know about any changes to the date or time of your Visit or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot change or the consequences of making the change are unacceptable to you, you can cancel your visit.

Our duty if we make changes to your Visit once booked. We will advise you by email or via the phone as soon as possible if we have to amend, change or cancel any Visit you have booked.

Refunds. You are only entitled to a refund should we cancel your Visit. Should you cancel your visit no less than 12hours prior to the scheduled Visit time, we will not charge you. If you cancel within 12hours of the scheduled visit, you will be charged 50% of your visit fee on your next booking. Any cancellation within 4 hours of agreed appointment time will incur 100% of listed fee for services requested.

Safe use of the services

To ensure you are able to use the services safely and in accordance with these Terms, you must provide full and accurate information about your medical history and current symptoms when asked by a Livaware medic. Failure to provide full information may impact on our ability to:

- Provide the Services and the ability of the Livaware medic to make a full assessment of your health and care needs;

- Comply with our Fair Usage Policy (see Schedule 1 below) at all times;

- Not use the Service for any inappropriate purposes (including, without limitation, to obtain clinically inappropriate medical information or prescription);

- Follow instructions given to you by our Livaware medic and our associated medical partners referred to;

- See further medical advice if you have any concerns about the information given to you on the day by our Livaware medic and/or by a practitioner; or if your condition changes; and

- Seem immediate medical assistance if you suffer adverse or unexpected effects of any treatment, medicine or healthcare product recommended to you by our Livaware medic and/or practitioner.

How we may use your personal information

For further information about how we use your personal information please see our Privacy Policy.

We use your personal information to set up and deliver services to you. We may use it to:

- create and maintain a record of your care and treatment and to communicate with your hospital and doctors

- create and manage your prescription records

- facilitate a nurse or healthcare professional to visit you

- answer any questions or concerns you may have and provide customer support

- ensure that we charge the NHS or other bill payer the correct amount for our services delivered to you

- provide regular reminders in accordance with your service, e.g. for deliveries, nurse visits or medication

- provide advice to help you to get the best from your treatment and understand your level of engagement with your treatment through statistical and monitoring information

- provide remote care, using technology platforms and assessments, as required for your service

- enhance staff safety, we utilise secure audio recording devices that may be activated in emergency situations

- where your care is funded, to communicate with private medical insurance companies

We may also use your information for service improvement purposes such as:

- To train our staff in the delivery of clinical care services

- To manage and resolve any issues you may have – missed or late deliveries, complaints, incidents

- To record and manage (where appropriate) any adverse events or side effects relating to your medication that you tell us about

- To capture information regarding an incident to ensure the safety of our employees

- To escalate concerns regarding you and your care to ensure you are safe

- To enable us to register and investigate incidents and complaints

- To enable the storage, archive and disposal of paper documentation

- To help us to improve the quality of our services based on your feedback

- To conduct patient engagement surveys and see how well we are doing. These surveys could be generated by Livaware, NHS Trusts or Pharma companies all of which are third parties we use to deliver our services to you. We may carry out the surveys by email or by phone and may send you a text message to direct you to the survey link.

- To keep an audit trail for the services we provide, e.g. recording of calls, system logs

- We may also use your personal information by removing all identifiers to create an anonymised record (i.e. you cannot be identified) and/or by using limited identifiers to create a pseudonymised record (i.e. includes some information but it cannot be used to identify you without another piece of information that we hold securely). We may use this for our internal and external reporting to our referring establishments or pharmaceutical providers

and for by our Livaware medic and/or practitioner; to record the results of his or her consultations with you in accordance with his or her obligations under applicable UK law. Your practitioner will attach you to your EHR any information provided or collected as part of a Visit (which we may supplement with documents to be reviewed in the consultation by our Livaware medic. Your medic may ask to take pictures as per our digital photography policy.

Digital photography may be used where clear benefit can be demonstrated in terms of patient care. In wound management for example visual images are supportive to written documentation of changes in a wounds progress and an objective method of monitoring healing rates over a period of time. We will ensure that all digital photography involving patients being cared for by Livaware conforms to current legislation and Department of Health guidance relating to patient consent. Livaware employees will be expected to act at all times in such a manner as to safeguard and always promote the interests of patients and clients. Clients are able to verbally agree to the use of digital photography and this should be documented in the patients file.

You may wish to share images over encrypted messaging apps such as WhatsApp. You do so at your own risk. If you would like these added to your EHR, please ask your Livaware medic; this will only be done if you explicitly and in writing ask for it to happen.

By using the Services, you agree that Livaware and its team shall be permitted to use your EHR for the purposes of providing the Services and facilitating your care. Such use shall always be in compliance with applicable law and our Privacy Policy.

If you would like a copy of your Livaware complete health record, you can request them for free by doing so in writing and sending it to the registered manager with a proof of identification like a passport or a full UK driver’s license. We recommend that you do this periodically so that you can share this information with other medical service providers and medical insurers as necessary.

By signing an Agreement for services, you “opt-in” your consent to also receive information resources and/or marketing communications, you are agreeing to the receipt of offers, promotions, surveys, newsletters and other information regarding medical and health-related topics, which may include links to other related websites.

If you do not wish to receive such communications, you may opt-out at any time by contacting the Registered Manager by sending an email to hello@livaware.co.uk

Payment

Payment can be made either by card payment (Visa, MasterCard, American Express) or bank transfer only. Account details will be provided on an invoice presented to you. Non adherence to payment terms will be subject to a 2% weekly increase after 30 days of invoice date.

Where we get your information from

We receive your information from many sources to deliver our services to you and we collect and process information about you from these sources. We maintain an extensive list of sources but for ease we have branched them into specific categories:

- From You - when you complete our forms, contact us, when we visit you as part of patient support and nurse programme, during our delivery process of your medicine, online, etc.

- Referring Establishment / Centre - Hospital, Private Medical Consultants, GPs, others involved in your care.

- Legal - Solicitors, Legal Representatives acting on your behalf

- Clinicians - when they visit you via our solo protect device, confirming the name and address if the individual the Nurse is visiting. Via our clinician evaluation forms.

- Laboratories - as part of any medical blood testing results.

- Visiting our on-line website and systems - technical identification information, enquiry form you may complete on line, cookies we may attach to your computer to improve your experience on our website and keep a history of areas most visited on our website.

- Research and Survey companies - when we supply limited information e.g. name and contact details to carry out these activities on our behalf.

- Other People - “recipient” you have authorised to act on your behalf or receive medicine when we carry out our deliveries.

- Social Care and Safeguarding agencies - to enable us and them carry out our legal obligations for patient safety and care.

- Third Parties - Advertising networks, analytics providers, persistence and adherence management providers.

If you provide personal information to us about any person other than yourself, you must ensure they are made aware of this Privacy Notice as this is your obligation. It will be your responsibility to ensure they have agreed with you to supply their information. Please keep us informed of any changes to keep your record up to date.

Who will we share your information with

We want to maintain your trust, and protect your personal information and when we share your personal information we are doing so because it is essential to enable Livaware to provide our services to you. As set out in this statement we have detailed the sources from which we may receive information about you but we also share your personal information with the same sources. Examples of who we may also share your information with are listed in section 1 above, but we also share from time to time your personal information with:

- Companies in the Livaware Group - who carry out functions on our behalf.

- Delivery Agents - Companies/organisations that deliver your medication and any devices or ancillaries

- Professional service providers – our IT providers and website hosts who help us run our business

- Regulators – Care Quality Commission, Information Commissioner’s Office, Medicines and Healthcare Products Regulatory Agency

- Insurance Companies – for the purposes of defending or instigating a claim

- Private Medical Insurance – if they fund your care

- Law Enforcement Agencies – for the purposes of prevention and detection of crime or fraud

- Auditors – External or internal as part of our performance reporting or compliance with legal / regulatory obligations

Retention of your personal information

We’ll only hold on to your information for as long as is needed to be able to provide services to you, or (in the case of any contact you may have with our Customer Care team) for as long as is necessary to provide support-related reporting and trend analysis. If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also keep or hold of some of your information as required, even after it is no longer needed to provide the services to you for historical or research purposes. Our records retention schedule will be kept in line with the law and national guidance. Information on how long records are kept can be found at: NHS Digital – click here

Keeping your data

In all our operations we will:

- Keep your information confidential

- Only share your information with authorised and vetted third parties, agencies or people

- Use it lawfully, fairly and in a transparent way

- Keep your personal information for as long as necessary for the purposes we have told you about

- Protect your data and keep it secure

- Have contractual obligations for data management and protection when outsourcing functions to third parties to process your personal information on our behalf

- Carry out security and cyber security checks

Your rights

The data protection law means you and any person where you have provided Livaware their personal information have rights including:

Your right of access - You have the right to ask us for copies of your personal information. We will have one month to three months depending on the case to supply you with a copy of the information you are entitled to under the law. Please note, there are exemptions in the law which Healthcare at Home will abide by which may mean you will not be entitled to receive all the information we hold. We will explain this when we respond with a copy of your data. If you have provided us with information about another person “recipient” they will need to make their own request and we shall only provide them with their information.

Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.

Your right to restriction of processing - You have the right to ask us to restrict the processing of your information in certain circumstances, including automated processing and profiling and where automated processing operations are taking place for human intervention.

Your right to object to processing - You have the right to object to the processing of your personal data in certain circumstances.

Your right to data portability - You have the right to ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances where it is technically feasible. This is not an absolute right and may not be possible in all occasions. For example, the right shall not apply where processing is necessary for the performance of a task carried out in the public intrest or in the exercise of official authority vested in the controller.

Your right to complain to the data protection regulator – It is important to Healthcare at Home that any person interacting with us has a right to raise a complaint regarding how we process their data. We have a data protection policy and in receiving a complaint about data protection our patient advocacy team, patient contact centre, care bureau and clinicians will refer all data protection complaints to the Information Governance and Security team who will investigate and respond within 21 working days. However you have a right to raise a complaint with the Information Commissioners Office: Click here or Click Here . The ICO normally ask you to raise your concerns firstly with the Data Controller, but it is important you know you can go directly to the Regulator in the first instance.

You are not required to pay any charge for exercising your rights.

We may change this page from time to time to reflect how we are processing your data.

If we make significant changes, we will make that clear on the Healthcare at Home website or by some other means of contact such as email, so that you are able to review the changes.

Data protection disclaimer

We will not sell or share your private information with third parties unless we are required by law to do so.

What we collect

We collect, store and use the following kinds of information relating to you and your use of our website.

How we collect such information

We may collect the following information via this form: name, email address, contact number, post code and relevant message. This information is collected to allow us to contact and help you with your initial enquiry.

What we do with the information we collect

- Your submission will be stored on our website Admin area, which is only accessible by authorised personnel, and a copy of it will be sent to a member of relevant department mailbox so it can be dealt with properly and in a timely manner.

- We may use the information to improve our products and services.

- After the initial contact is made, all your relevant information submitted via this form will be deleted unless you let us know, in writing, that you would like us to keep it for future project opportunities.

Complaints policy

We always want to provide an efficient and reliable service for all our patients, their care is of our upmost concern; however, we understand that we do not always get things right.

If you feel we have not provided the level of service you would rightly expect, then our door is always open, and we would like to hear from you.

We value your feedback as it allows us to improve the Livaware experience for yourself, and other patients.

How do I raise a complaint?

If you wish to raise a complaint about any aspect of the service that you have received from, you can do so using the following channels.

Give us a call:

08:00 and 17:00 – Monday to Friday

08:00 and 13:00 – Saturday and Sunday

Send an e-mail:

hello@livaware.co.uk

Please provide us with your name, any account information you may have to hand, and details of your complaint.

Send a letter:

Alternatively, you can send a letter to the following address:

Livaware

Kemp House

128 City Road

EC1V 2NX

Please provide us with your name, any account information you may have to hand, and details of your complaint.

What happens next?

Within 2 working days of your complaint being raised, we will send you an acknowledgement letter that lets you know your complaint has been escalated and is being investigated.

Our dedicated team of Patient Advocacy and Support Officers will review your complaint, complete a thorough investigation of any problems that you have experienced, and issue you with a full response via letter within 20 working days.

If for any reason we cannot issue a response within 20 working days, we will contact you to let you know and confirm when you can expect to receive a response by.

We hope that through our practice complaints procedure we can resolve your problem satisfactorily. We believe that this will give us the best chance to put the matter right with you and the opportunity to improve our services for all our patients. If, however, we are unable to resolve your complaint, external arbitration will be sought. Livaware will refer the complaint to the Independent Healthcare Sector Complaints Adjudicating Service (ISCAS). ISCAS and its findings will be final to both parties.

You may also contact the Care Quality Commission if you feel that your complaint is not being dealt with in a satisfactory manner on 03000 616161. The CQC will NOT arbitrate individual complaints but will contact Livaware to ensure the complaint is dealt with.