- Introduction and Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you”, “user”, “host”, or “guest”) and NowDoctor Ltd, trading as UbiClinic (“UbiClinic”, “we”, “us”, or “our”), a company registered in Northern Ireland (Company No. NI691716) with its registered office at 6 St Saviours Gate, Parkgate, Ballyclare BT39 0FN.
By accessing or using the UbiClinic platform (the “Platform”), you agree to comply with and be bound by these Terms. If you do not agree, you must not use the Platform.
UbiClinic provides an online marketplace that connects providers of clinical or wellness space (“Hosts”) with practitioners seeking to book such space (“Guests”). UbiClinic acts only as an intermediary; we are not a contracting party to any agreement between Hosts and Guests.
2. About Us
The Platform is operated by:
NowDoctor Ltd, trading as UbiClinic
Company number: NI691716
Registered office: 6 St Saviours Gate, Parkgate, Ballyclare BT39 0FN, United Kingdom
If you have any questions about these Terms, you may contact us at:
support@ubiclinic.io
3. Our Role
UbiClinic provides a Platform to facilitate the listing, discovery, and booking of clinical and wellness spaces. We do not own, manage, or control the spaces listed, nor do we employ or supervise Hosts or Guests.
- Contracts between Hosts and Guests. When a Guest makes a booking through the Platform, a direct contract is formed between the Guest and the Host. UbiClinic is not a party to this contract.
- No warranties. UbiClinic does not guarantee the accuracy of listings, the suitability of spaces, or the qualifications of Guests. Use of the Platform and services arranged through it is at your own risk.
- Support role. While we may facilitate payments and provide a dispute resolution process, responsibility for compliance with laws, regulations, professional standards, and insurance rests solely with Hosts and Guests.
4. Eligibility and Account Registration
To use the Platform, you must:
- Be at least 18 years old and capable of entering into legally binding contracts.
- Create an account with accurate, complete, and up-to-date information.
- Maintain account security by safeguarding your login details and not sharing them with others.
- Use the Platform only for professional purposes consistent with these Terms and applicable law.
We reserve the right to suspend or terminate any account that provides false information, engages in prohibited conduct, or otherwise breaches these Terms.
5. Use of the Platform – Responsibilities
5.1 Hosts’ Responsibilities
- Hosts are solely responsible for ensuring that their premises:
- Comply with all applicable health and safety regulations.
- Are fit for the clinical or wellness services offered.
- Hold any licences, permissions, or regulatory approvals required (including Care Quality Commission standards where applicable).
- Hosts must maintain adequate insurance cover consistent with industry standards and no less than £1 million public liability and professional indemnity cover.
- Hosts must accurately describe their space and facilities. Failure to provide the space as described may result in termination of their account.
- Hosts are responsible for their own VAT obligations, if applicable.
- Right to decline: Hosts retain full discretion to approve or decline booking requests, including after reviewing a Guest’s credentials or uploaded documentation.
5.2 Guests’ Responsibilities
- Guests are responsible for ensuring they are appropriately qualified, insured, and registered with any relevant professional or regulatory body.
- Guests may upload credentials and documents to the Platform to demonstrate eligibility. Such documents may be viewed and assessed by Hosts but are not verified or guaranteed by UbiClinic.
- Guests must maintain adequate insurance cover consistent with industry standards and no less than £1 million public liability and professional indemnity cover.
- Guests are liable for any damage to the Host’s property or misuse of facilities.
- Guests must only provide the treatments or services stated in their booking request.
5.3 General Conduct
- All communications between Hosts and Guests must take place through the Platform’s internal messaging system.
- Users must not:
- Circumvent the Platform to arrange off-platform bookings.
- Use the Platform for illegal or unauthorised purposes.
- Offer or conduct procedures requiring specific licences unless the Host holds them (e.g. invasive medical procedures, cosmetic surgery).
- Breach of these provisions may result in immediate account suspension or termination.
6. Bookings and Payments
6.1 Booking Process
- Guests may request to book one or more spaces from Hosts through the Platform.
- Once a booking request is submitted, the Host must approve or decline it within three (3) days, or no later than 24 hours before the scheduled start time of the booking, whichever is sooner.
- If the Host does not respond within this deadline, the booking request will automatically expire, and no payment will be taken for that space.
6.2 Confirmation and Charges
- Upon Host approval, the Guest’s payment method will be charged to confirm the booking.
- Each booking comprises:
- Booking Fee – payable to UbiClinic and non-refundable in all cases.
- Space Fee – payable to the Host (less UbiClinic’s processing cut).
- Guests may pay for multiple rooms and multiple Hosts in a single transaction.
6.3 VAT
- VAT (where applicable) will be charged only on the Booking Fee.
- Hosts are solely responsible for determining, charging, and accounting for VAT (or any other applicable taxes) on the Space Fee.
6.4 Payouts to Hosts
- UbiClinic collects and holds Guest payments via its payment processor (Stripe).
- Funds due to Hosts will be released to their nominated account after the scheduled start date of the booking, provided that:
- The booking has not been cancelled; and
- There is no active dispute.
- For multi-week bookings, Hosts will be paid following the first scheduled booking in the series.
7. Cancellations and Refunds
7.1 Guest Cancellations
- If a Guest cancels a booking more than 24 hours before the scheduled start time, the Space Fee will be refunded in full to the Guest.
- If a Guest cancels a booking within 24 hours of the scheduled start time, no refund will be issued.
- In all cases, the Booking Fee is non-refundable.
7.2 Host Cancellations
- If a Host cancels a booking at any time prior to its scheduled start:
- The Guest will receive a full refund of the Space Fee.
- The Booking Fee remains non-refundable.
- Frequent or unjustified Host cancellations may result in account suspension or termination.
7.3 Expired Bookings
- If a Host fails to respond to a booking request within the confirmation deadline (see section 6.1), the booking will expire automatically.
- No payment will be taken in respect of expired bookings.
7.4 Refund Processing
- Refunds (where applicable) will be processed via the original payment method.
- Refund times may vary depending on the Guest’s bank or card issuer.
7.5 Force Majeure
Neither UbiClinic, Hosts, nor Guests shall be held liable for any failure or delay in performing their obligations where such failure or delay results from events beyond their reasonable control, including but not limited to: acts of God, fire, flood, epidemic, pandemic, power outages, strikes, industrial disputes, government restrictions, or other unforeseen circumstances.
- In such cases, UbiClinic reserves the right to determine in its sole discretion whether a refund of the Space Fee should be issued.
- The Booking Fee remains non-refundable in all cases.
8. Disputes and Resolution
8.1 Support Process
- If a dispute arises between a Host and a Guest regarding a booking, either party may raise the issue through UbiClinic’s support system.
- Both parties must cooperate in good faith, provide relevant information when requested, and respond within reasonable timeframes.
8.2 UbiClinic Determination
- UbiClinic may, in its sole discretion, review the dispute and decide whether any refund, cancellation, or payment adjustment should be made.
- UbiClinic’s decision will be final and binding within the Platform, and will determine how payments are processed through UbiClinic’s systems.
8.3 Limitation
- While UbiClinic’s decision is binding for the purposes of Platform use and payments, this does not prevent either party from seeking remedies through the UK courts or other lawful means outside the Platform.
- By using the Platform, you agree that UbiClinic shall have full discretion in resolving disputes relating to bookings, and you waive any claim against UbiClinic in respect of its decision.
9. Liability and Disclaimers
9.1 Platform Provided “As Is”
The Platform is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the Platform, its content, or any listings or services provided through it.
9.2 No Responsibility for Users
- UbiClinic does not own, manage, or control any spaces listed by Hosts.
- UbiClinic does not employ, supervise, or endorse any Guests.
- We do not verify the accuracy of listings, the condition or suitability of any space, or the qualifications of any Guest.
- Use of the Platform is entirely at your own risk.
9.3 Insurance and Risk
- Hosts and Guests are each responsible for maintaining adequate insurance cover consistent with industry standards and no less than £1 million in public liability and professional indemnity insurance.
- UbiClinic does not provide insurance cover to either party.
9.4 Limitation of Liability
To the fullest extent permitted by law:
- UbiClinic shall not be liable for any loss, damage, injury, or expense arising from or in connection with any booking, space, treatment, or service arranged through the Platform.
- UbiClinic’s total aggregate liability to any user under these Terms shall not exceed the total amount of Booking Fees you have paid to UbiClinic in the twelve (12) months preceding the event giving rise to the claim.
9.5 Exclusions
UbiClinic shall not be liable for:
- Indirect, incidental, or consequential losses (including loss of profits, goodwill, or business opportunities).
- Any acts or omissions of Hosts or Guests.
- Any failures, delays, or disruptions caused by events beyond our reasonable control (see Force Majeure, section 7.5).
10. Termination and Suspension
10.1 By UbiClinic
We may, at our sole discretion, suspend or terminate your account, restrict your access to the Platform, or remove any listing or content, immediately and without notice, if:
- You breach these Terms;
- You provide false, misleading, or incomplete information;
- You cancel bookings unreasonably or fail to provide the space as described;
- You cause damage, misuse, or otherwise act in a way that harms another user;
- You attempt to circumvent the Platform or avoid payment of Booking Fees;
- Your conduct is unlawful, harmful, or otherwise inconsistent with the proper use of the Platform.
10.2 By User
You may close your account at any time by contacting UbiClinic support. Closing your account does not affect:
- Any existing bookings made prior to closure; or
- Any rights and obligations that have already accrued under these Terms.
10.3 Effect of Termination
Upon termination or suspension:
- You will lose access to your account and any associated information.
- Any pending or confirmed bookings may be cancelled at UbiClinic’s discretion.
- Any outstanding amounts owed to UbiClinic shall become immediately due.
10.4 Survival
Certain provisions of these Terms shall continue to apply after termination, including those relating to liability, indemnities, intellectual property, governing law, and dispute resolution.
11. Prohibited Circumvention
- Users must not attempt to arrange bookings, payments, or any services offered on the Platform outside of UbiClinic.
- Any attempt to circumvent the Platform, including contacting Hosts or Guests directly to bypass UbiClinic’s booking or payment system, is strictly prohibited.
- Breach of this provision will result in immediate suspension or termination of both the Host and Guest accounts involved, at UbiClinic’s sole discretion.
- UbiClinic reserves the right to withhold any payments, retain Booking Fees, and take any other measures it deems necessary to enforce this policy.
12. Changes to Terms
- UbiClinic reserves the right to update, modify, or amend these Terms at any time.
- Users will be notified of any material changes via email or through the Platform.
- Continued use of the Platform after such notice constitutes acceptance of the updated Terms.
- It is the responsibility of users to review the Terms periodically to stay informed of any changes.
- Material changes that significantly affect the rights or obligations of users will be clearly highlighted.
13. Intellectual Property & Platform Rights
- All content, branding, logos, trademarks, software, designs, text, graphics, and other materials on or through the Platform are the exclusive property of UbiClinic or its licensors (“Intellectual Property”).
- Users are granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for the purposes set out in these Terms.
- No part of the Platform or its content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise used for commercial purposes without the prior written consent of UbiClinic.
- Any feedback, suggestions, or contributions submitted to UbiClinic regarding the Platform will be deemed non-confidential and non-proprietary, and UbiClinic may use such input without restriction.
- Users agree not to reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying structure of the Platform.
14. Governing Law & Jurisdiction
- These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the United Kingdom, as applicable in Northern Ireland, England, Scotland, and Wales.
- The courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter.
15. Dispute Resolution
15.1 Support System
- In the event of a dispute between a Host and a Guest, the matter must first be raised through UbiClinic’s support system.
- Both parties must provide all relevant information, cooperate in good faith, and respond within reasonable timeframes to assist resolution.
15.2 UbiClinic Decision
- UbiClinic may, at its sole discretion, review the dispute and determine whether any refund, cancellation, or payment adjustment is appropriate.
- UbiClinic’s decision will be final and binding for the purposes of the Platform, including how payments are processed.
15.3 Limitation
- While UbiClinic’s decision is binding for Platform use and payment allocation, this does not prevent either party from pursuing remedies through the UK courts or other lawful means outside the Platform.
- By using the Platform, you acknowledge that UbiClinic has full discretion in resolving disputes arising from bookings and you waive any claim against UbiClinic for acting in this role.
16. Miscellaneous / General Provisions
16.1 Entire Agreement
These Terms, together with any other legal notices or policies referenced herein (including the Privacy Policy), constitute the entire agreement between you and UbiClinic regarding your use of the Platform and supersede any prior agreements or understandings.
16.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
16.3 Waiver
Failure or delay by UbiClinic to enforce any provision of these Terms shall not constitute a waiver of our rights, and no waiver shall be effective unless given in writing.
16.4 Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without UbiClinic’s prior written consent. UbiClinic may assign, transfer, or delegate its rights or obligations in whole or in part without restriction.
16.5 Notices
All notices under these Terms shall be delivered via email or through the Platform, and such notices shall be deemed received upon delivery.
16.6 Force Majeure
UbiClinic shall not be liable for any failure or delay in performing obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, pandemics, or governmental actions.
