Terms and Conditions

Welcome to Ouch. If you continue to browse and use our website, mobile app or use our embedded chatbot on another website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Ouch’ or ‘us’ or ‘we’ refers to the owner of the website, Ouch Medical Ltd. Our company registration number is 11454535 United Kingdom. The term ‘You’ refers to the user or viewer of our website.

When you use our Services, Ouch and our Practitioners will be serving you from the UK only.

These terms include details on our complaints procedure and what is required from you to provide our Services. We may update the terms from time to time, and if your rights change we will always notify you of this. 

By clicking on the "I Accept" button or using any of our Services, including browsing any Ouch website, you represent that (a) you have read, understand and agree to be bound by these Terms, (b) that you are of a legal age to form a binding contract with Ouch, (c) your use of the Services is entirely voluntary. If you do not agree to these Terms, please do not use Ouch's services.

Our Privacy Policy sets out how your personal information will be used by us. This can be accessed at any time when using our website or any apps that we may create in the future.

We hold ourselves to the highest legal and ethical standards and we always value hearing from you so if you have any questions or feedback please do not hesitate to contact us in the following ways:

admin@ouch.ai

ABOUT US

We provide information via our Oral Healthcare Chatbot and website ('Information Services'),  as well as through video/audio consultations with our Dental Practitioners ('Clinical Services').

Our Clinical Services are provided by appropriately qualified dental professionals ('Practitioners') all based in the UK.

OUR SERVICES

1. We provide our services using our website, and communication methods such as email. Our services include:

• the ability to enter questions and symptoms into our artificial intelligence chatbot to receive dental healthcare and triage information
• remote video and voice consultations with our Practitioners
• where appropriate through use of our Clinical Services, our Practitioners may prescribe medicines (see Prescribing Section Below)
• access to the healthcare records we hold

2. Many oral health conditions are not suitable for remote consultations. You should always seek advice from a dentist in person if:

• You are recommend to do so by one of our practitioners
• You are not able to adequately describe or demonstrate your oral health needs through our clinical services
• You are concerned about the advice given by our practitioners or the information given by our chatbot
• The advice given by our practitioners differs from other advice you have received

At present all our services are only available in English.

3. Our services are not suitable for use in a medical emergency.

4. Except for our Clinical Services where we provide oral healthcare advice, ALL of our other services including the chatbot and information available on the website provide information only based on information entered. 

They do not diagnose your oral health condition or make treatment recommendations for you. Our information services are not a substitute for a dentist or other healthcare professional. We make no warranties in relation to the output of our information services.

5. Our chatbot will provide information to you based on the symptoms entered and any other information provided.

6. If you use any of our services, we strongly encourage you discuss any information or advice (Clinical Services) you receive from us with your regular dentist if you have one.

7. We provide our Clinical Services using reasonable skill and care from appropriately qualified, and experienced, staff and Practitioners. If you think that our services have not met this standard, please contact us as soon as possible. We will re-perform, without charge, any services we agree did not meet this standard.

8. Practitioners are either General Dental Practitioners or Specialists registered with the General Dental Council.

9. Practitioners will not prescribe medicines unless it is, in their judgement, in their patient's best interests.

Requirements

In order to provide out service we require that:

• All information given to our Chatbot or to a Practitioner is accurate and in English
• You follow instructions given to you by Practitioners
• You follow any instructions regarding the use of any medicines or healthcare products we recommend or prescribe (including in respect of use-by dates);
• You report back to us any adverse or unexpected effects of treatments we recommend
• You keep any prescribed medicines secure and do not allow others to use them
• You inform us of any change/inaccuracies in the information you have given us
• If you have any concerns about the information or advice we provide that you seek further dental advice
• These services are only for yourself UNLESS you are helping a child (see Children section below)
• You do not register more than once for our services.

TECHNICAL REQUIREMENTS

• Some features of the website require cookies (see privacy policy for more details). In order to use all the features of the website your cookie settings need to be on
• We recommend using an updated modern web browser to get the best experience from our website

SCOPE OF OUR SERVICES

• Our services are available to adults, and to children in accordance with Children section below
• Our Clinical Services are only available in the UK
• Our clinical services are for dental emergency triaging, advice and consultation purposes, no physical treatment can be carried out except remote prescribing if appropriate

CHILDREN

• Adults can use our services on behalf of children, but children should not use our services alone
• Children under 16 may have an account opened for them by a parent or legal guardian, ONLY if the parent or legal guardian supervises the child’s use of our services at all times.
• Young people between 16 and 18 may use our services and open their own account with us if an adult has agreed to use of their credit or debit card for the payment of Charges.
• We may suspend services or terminate user accounts if we reasonably suspect that they are being used in breach of the restrictions in this section

PRESCRIBING

• In the United Kingdom, our dentists are permitted to prescribe medicines without meeting the patient face to face.
• All our dentists have undertaken to comply with the General Dental Council Guidelines on remote prescribing, essential standards of quality and safety as enforced by the Care Quality Commission and copies of these can be found at GDC Remote Prescribing and https://www.cqc.org.uk/
• We do not provide prescriptions for controlled drugs (as defined by the misuse of drugs act 1971).
• All prescriptions provided will be private prescriptions unless otherwise stated during consultation by the Practitioner. A private prescription will incur the cost of the medicine(s) prescribed. This price is set by the pharmacy and is independent of any charges set by Ouch.
• If you choose to have your prescription sent to a pharmacy that is near to your location, we will make reasonable attempts to contact that pharmacy and have the prescription sent to the chosen pharmacy within an hour.
• We will use reasonable efforts to deliver the prescription to a nearby pharmacy promptly but we are not connected with and have no control over or responsibility for any individual pharmacy, their policies in relation to acceptance or otherwise of prescriptions, opening hours, cost or availability of medicines prescribed. There are a number of factors which may impact on which pharmacy is chosen and there can be no guarantee that a pharmacy to which the prescription is delivered will be the nearest pharmacy

LIMITS ON OUR SERVICE

• We do not guarantee the availability of Practitioners at any particular time. We will do what we can to arrange a consultation with a Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time. Consultations generally are limited to 20 minute durations with Practitioners
• Other than for our Clinical Services, if you choose to submit details about your symptoms in our Chatbot the information returned is on the basis of general oral health information and not as personalised health advice for you. Where the information returned indicates that the symptoms entered suggest dental advice/treatment is necessary, you acknowledge that you are responsible for finding a dentist to get that advice/treatment
• Dentists may have different clinical opinions on the same symptoms and, provided these opinions are reasonably held, the fact that two or more Practitioners give different opinions in the course of service provision does not necessarily indicate that our services are defective.
• We do not tolerate abuse or offensive behaviour towards Practitioners.
• Our services are designed to be accessed remotely by any of our customers, and are not designed for non-English speakers.
• We may need to ask you for certain personal information in order to provide our services. If you do not provide this information when requested, we may be unable to provide our services.
• While certain information displayed on our website or generated by the chatbot may be helpful in providing warning of certain dental conditions or circumstances. Our site is not designed as, nor may you use it as, a device to detect, diagnose, treat or monitor any dental or other health condition or to establish the existence or absence of any dental or other health condition.
• We reserve the right suspend your access to services or terminate your account with us if your use of services breaches any of these terms.

ACCESS

• Our services are accessed remotely using the internet, data networks and devices which can access the internet and our website/s. We make our website/s available for access, you should ensure you have an internet-enabled device and a sufficient internet connection available.
• Technical or security threats or issues affecting the our servers may require us to suspend our services in order to ensure they are secure and/or operating optimally. We will minimise these suspensions, but are not responsible to refund charges or compensate you if they occur
• When you use the chatbot or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or through the chatbot
• We operate anti-virus and malicious software prevention measures on the website, but we cannot guarantee that our services will always be virus-free. You should ensure that your devices used to access services are protected against viruses and malicious software. You must not use or expose the websites to virus or malicious software contamination.
• You must not attempt to gain unauthorised access to the services, or websites

RECORDINGS

• We do not currently record consultations. However it may be that in the future we start to record audio and/or video. Details of how we will protect and use such recordings will be set out in our Privacy Policy.
• Any recordings made will be made on an OPT-IN basis
• You will be able to view any future consultation recordings on request
• Any consultation recordings should not be published on social media or any other media sharing platforms.

PERSONAL INFORMATION

We use your personal information in accordance with our Privacy Policy. Please take the time to read it as it includes important details about how we secure and process your data

OUR LIABILITY

• If we break any of these terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking of these terms.
• We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these terms. Nor will we be liable for indirect, incidental, special or consequential damages.
• Other than our Clinical Services, our software and services are provided without a warranty of any kind being provided by us.
• We are responsible for compensating you for personal injury or death caused by our negligence or that of our Practitioners or employees.
• We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these terms.
• We assume no responsibility for the content of websites or apps linked on our Website. Such links should not be interpreted as endorsement by us of those linked apps. Ouch will not be liable for any loss or damage that may arise from the User’s use of them
• We supply the services for private personal use and we are not responsible for any losses you suffer arising out of the use of the services which are business losses.
• We design our services to keep your personal health data secure and it is important that you follow the usage instructions and advice in these terms in order to keep your data safe. We are not liable for loss or unauthorised access to your data where it results from you not following these instructions and advice.
• For the purposes of these Conditions, an (“Event Outside Our Control”) means an event beyond the reasonable control of Ouch including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Ouch or any other party), failure of a utility service or transport 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 subcontractors.
• Ouch shall not be liable to the User as a result of any delay or failure to perform any of its obligations under these Conditions as a result of an Event Outside our Control.

FEES

• The price  of our services ("Charges") will be set out in out website at the time of our commitment to provide services. Our prices may change at any time, but price changes will not affect any services that you have already ordered.
• You are responsible for paying the price for our Charges. Charges exclude VAT, where applicable, unless otherwise stated.
• We will usually charge or invoice you for services at the time you order them. Any amounts charged or invoiced are due and payable upon our invoice being issued unless otherwise specified in these terms or on the website.
• Charges can be paid using a credit or debit card.

CANCELLATIONS, LATE ARRIVALS & MISSED APPOINTMENT

• You, the User,  are aware and accept that You can cancel your appointment online once booked but if the cancellation is made within 24 hours of the booked appointment, You understand that you forfeit the cost of the consultation
• You, the User, understand that if you miss your appointment, you will forfeit the full cost of the Appointment without any possibility of a refund
• You, the User, understand and accept that if you are more than 10 minutes late to an appointment you will lose your appointment time and forfeit the cost of the consultation.
• You, the User, holds Ouch and the Practitioner completely free of liability under every circumstance relating to the your reason for the Appointment in the event that you are late and the appointment is cancelled.
• You the User accept that due to the nature of the service we offer,  we  do not guarantee that an appointment will necessarily be kept at the exact time as the booked appointment. You understand that there can potentially be a wait time of 20 minutes for their appointment and once breached you have the option of either rebooking or waiting with no refund or receiving a full refund without consultation.
• A Practitioner may cancel an Appointment by giving you, the User, 24 hours notice which may be sent via email, or by SMS text message to the mobile phone number supplied by you. You will then have the option of either rebooking with no refund or extra fee, or receiving a full refund without consultation

COPYRIGHT

• The images, trademarks, trade names, logos included in the website are either owned by Ouch Medical, or licensed for use on this website by Ouch Medical Ltd.
• We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by intellectual property right laws and treaties around the world. All such rights are reserved.
• You may print off one copy, and may download extracts, of any page(s) from our site for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
• You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.

COMPLAINTS

• We welcome feedback at any time by contacting admin@ouch.ai
• We like to resolve complaints as quickly as possible. Please tell us about your complaint as soon as you can so that we can do this.
• We may ask you for certain details about you and your complaint in order to address it.
• Our Practitioners are registered dental professionals, and we will handle your complaint in an appropriate way, as required to do so by the professional rules that apply to our Practitioners and to our services, and following our complaints procedure.
• We will seek to investigate the complaint within ten working days of receipt to give an explanation of the circumstances which led to the complaint.
• We will confirm the decision about the complaint in writing immediately after completing our investigation.
• Proper and comprehensive records are kept of any complaint received as well as any actions taken to improve services as a consequence of a complaint.
• If you are  not satisfied with the result of our procedure then a complaint may be made to:
  • The Parliamentary and Health Service Ombudsman, Millbank Tower, Millbank, London, SW1P 4QP. Telephone: 0345 015 4033 www.ombudsman.org.uk
  • The Dental Complaints Service, The Lansdowne Building, 2 Lansdowne Road, Croydon, Greater London, CR9 2ER. Telephone: 08456 120 540 www.dentalcomplaints.org.uk
  • The General Dental Council, 37 Wimpole Street, London. W1N 8DQ. Telephone: 0845 222 4141, the dentists’ regulatory body for complaints about professional misconduct