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Terms & Conditions – Health & Her Clinic
1. These terms
1.1 What these terms cover
These are the terms and conditions on which we supply the Health & Her Clinic service.
1.2 Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Health & Her Clinic service (Service) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are.
We are Health & Her LTD a company registered in England and Wales. Our company registration number is 10781348 and our registered office is at Brunel House, 2 Fitzalan Road, Cardiff, Wales, CF24 0EB.
2.2 How to contact us. You can contact us by writing to us at PO Box 1137, Cardiff, CF11 1WQ or firstname.lastname@example.org.
2.3 How we may contact you
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
3. Our Contract with you
3.1 To access our Service you will be required to select an appointment date and time on our website www.healthandher.com (Website) and to create an online account with us (Booking).
3.2 Our acceptance of your Booking will take place when we email you (using the email address provided by you when you create your online account with us) to confirm your Booking has been accepted, at which point in time a contract will come into existence between you and us.
3.3 You must be 18 or over to access our Service
3.4 If we are unable to accept your Booking, we will inform you of this by email and you will not be charged for your Booking. This may be because we have reason to believe you are not 18 or over, because we are unable to perform our Service to you on legal, regulatory or ethical grounds or due to any technical difficulties.
3.5 Our Service is intended for residents of the United Kingdom.
If you access our Service from outside of the United Kingdom you are responsible for ensuring it is lawful to do so.
4. Health & Her Clinic – Our Service
4.1 Our Service comprises a face to face consultation with a menopause specialist Doctor via a secure online platform. Our Services is more particularly described on our Website.
4.2 Our Service is regulated by Health Inspectorate Wales.
4.3 We do not provide any emergency services or care for acute medical conditions. You should not use our Service in an emergency or if you have a condition you know will require a physical examination.
4.4 Our Service is delivered by medically qualified doctors who have undertaken post graduate training in general practice and are registered with the General Medical Council (Doctors). Our Doctors are specialist in menopause and sexual health and registered with the British Menopause Society.
4.5 Our Service is provided in accordance with medical practices and standards that are applicable in the United Kingdom. You must not access our Service if medical practices and standards applicable in the United Kingdom are not accepted or are illegal in your country.
4.6 At the time of making your Booking and in the performance of the Service you will be required to provide certain personal information and to complete a Pre-Medical Questionnaire. You must ensure that all information you provide to us is complete and accurate. This information will be used by us and our Doctors in the performance of our Service. If you fail to give us or our Doctor complete or correct information this may affect the advice provided to you during your consultation.
4.7 You are responsible for notifying us if any of the information you have submitted to us is inaccurate, incomplete or if it has changed. You can correct errors inputted whilst making your Booking up until the point you are required to confirm payment. After that you must inform us of any changes by contacting us using the contact information set out above. We will use the contact details you submit to contact you. We will not be responsible if we are unable to contact you because the contact details you have provided are incorrect or incomplete.
4.8 You will be required to create an online account to access our Service. Your account is for your sole use and you must not permit any other person to use your account. Where you are provided with any identification code or required to create a password to access your account you are responsible for keeping this information confidential and secure. If you think a third party has accessed your account without your authority you should contact us immediately.
4.9 You must ensure that on the date of your consultation you are able to access our online platform. It is your responsibility to ensure your equipment and network equipment have sufficient capability to enable you to access your consultation. We will not be responsible for any failure on your part to attend your consultation if it is due to any technical failure of your equipment or network and you will not be entitled to a refund.
4.10 You must attend your consultation at the designated time. If you are late for your consultation, your consultation will not be extended beyond the designated appointment slot and you will not be entitled to a refund of our Fee in whole or part. If you do not attend your appointment at the designated time you will not be entitled to a refund of our Fee.
4.11 The information and advice provided by our Doctor during your consultation will be based upon the information you supply. The advice provided will be based on United Kingdom medical and ethical guidelines. If you do not understand any advice or information supplied during your consultation you are responsible for asking our Doctor to clarify matters for you.
4.12 It is for you to decide, exercising independent judgement, whether you wish to follow the advice or recommendations made by our Doctor during your consultation. The information and advice offered by our Doctor is intended to increase your awareness of the options available to you. We strongly recommend that you share and discuss the information and advice provided during your consultation with your general practitioner at the surgery with which you are registered. We will, with your written consent, share the medical records our Doctor records following your consultation with your general practitioner.
4.13 We do not provide a prescribing service or offer or arrange any diagnostic tests as part of our Service.
4.14 Our Doctor can provide referrals to specialists where he/she deems this is appropriate and will form part of our recommendation to your own GP. Our Doctor will not do this without your written consent.
4.15 We do not offer any health/medical insurance products.
4.16 If our performance of our Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund of any fee you have paid for services not received.
5. Our right to make changes to our Service or suspend our Service
5.1 We may change our Service:
5.1.1 to reflect changes in relevant laws and regulatory requirements; or
5.1.2 to implement minor adjustments and improvements.
5.2 If we need to make significant changes we will notify you in writing and you may cancel your Booking if your consultation has not yet taken place and receive a refund for the Service you have not received.
5.3 We may have to suspend our Service to:
5.3.1 deal with technical problems or make minor technical changes;
5.3.2 to comply with relevant laws and regulatory requirements;
5.3.3 if we do not have suitably qualified medical practitioners available to perform the Service.
5.4 We will contact you in advance to tell you we are suspending our Service unless the problem is urgent or an emergency. If we have to suspend the Service, we will contact you. You will be given the opportunity to re-book your consultation or to cancel your Booking. If you cancel your Booking you will be entitled to a refund of the fee paid for services which have not been provided to you.
6. Our Fees and Payment
6.1 Our Fee for providing our Service will be the fee indicated on the booking page when you place your Booking.
6.2 Payment must be made at the time you make your Booking. We accept payment by all major credit or debit cards.
6.3 You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason.
6.4 Your consultation will not proceed if we have not received payment in full of our Fee prior to your consultation.
7. Your right to end the contract
7.1 Your right to end the contract will depend on how we are performing and when you decide to end the contract:
7.1.1. if you want to end the contract because of something we have done or told you we are going to do see clause 7.2;
7.1.2 if you have changed your mind see clause 7.3. You may be able to get a refund if you are within the cooling off period, but this may be subject to deductions.
7.2 If you are ending the contract for the following reasons the contract will end immediately and you will receive a full refund for any services which have not been provided to you and you may also be entitled to compensation:
7.2.1 you have been told of an upcoming significant change to the Services which you do not agree to;
7.2.2 there is a risk the Service may be significantly delayed because of events outside our control;
7.2.3 we have suspended the Service for technical or legal or regulatory reasons or we notify you that we intend to suspend the Service for these reasons in each case for a period of more than 3 months;
7.2.4 you have a legal right to end the contract because of something we have done.
7.3 As your Booking is being made online you have the legal right to change your mind within 14 days of the date, we email you to confirm your Booking and to receive a refund. However, if during this 14 day period we have performed our Service you cannot change your mind even if the cooling off period is still running.
7.4 If the cooling off period referenced in clause 7.3 has expired, you are permitted to cancel your booking up to 24 hours before the date of your consultation. If you cancel your booking within this timescale you will be entitled to a refund. If you cancel within 24 hours of the date and time of your consultation you will not be entitled to a refund of our Fee.
7.5 To end the contract with us please let us know by doing one of the following:
7.5.1 Phone or email. Call customer services on 0333 305 5903 or email us on email@example.com Please provide your name, home address, date and time of consultation, your phone number and email address.
7.5.2 Online. Log into your account on our Website and follow our instructions.
8. Our right to end the contract
8.1 We may end the contract at any time if:
8.1.1 you do not make payment to us when due;
8.1.2 you do not provide us with the information or any consent we require to provide our Service;
8.1.3 you do not comply with these terms and conditions in any material respect and you fail to remedy any defect within the time period we specify when notifying you of your breach.
8.2 If we end the contract under clause 8.1 we will refund you any fee paid for a service you have not received but we may deduct or charge you reasonable compensation for the costs we incur as a consequence of you breaching the terms of this contract.
8.3 We may write to you to let you know we are ceasing the provision of the Service. We will let you know in advance we will be stopping the supply of the Service and will refund you any fee paid in advance for services which will not be provided.
9. If there is a problem with Our Service
9.1 If you have any questions or complaint about our Service please contact us. You can write to us at firstname.lastname@example.org. We will ensure that any complaint is handled in an appropriate way. A copy of our complaint’s procedure is available on request.
9.2 Nothing in these terms will affect your legal rights.
10. Our responsibility for loss or damage suffered by you
10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
10.2 We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or any breach of your legal rights.
10.3 Our Service is provided for your domestic and private use only. If you use our Service for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
11. How we may use your personal information
12. Other important terms
12.1 We may transfer our rights and obligations under these terms to another organisation.
12.2 You may not transfer your rights and obligations under these terms to another person.
12.3 Nobody else has any rights under this contract. This contract is between you and Health & Her. No other person shall have any rights to enforce any of its terms.
12.4 If one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.
12.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.6 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.7 These terms are governed by the laws of England and Wales and you can only bring legal proceedings in respect of the products in the English and Welsh courts.