TERMS AND CONDITIONS
Terms and Conditions for Provision of Healthcare services
1. THESE TERMS
1.1 - What these terms cover. These are the terms and conditions on which I supply services to you or your dependants. The term "you" includes, where relevant, your dependents who may be the beneficiary of the services.
1.2 - Why you should read them. Please read these terms carefully before you submit your request for services. These terms tell you who I am, how I will provide services to you, how you and I 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 me to discuss.
2. INFORMATION ABOUT ME AND HOW TO CONTACT ME
2.1 Who I am. I am Dr Claire Scott, a sole practitioner. My address is Kingston Private Health, Level 7, Kingston Hospital, Galsworthy Road, Kingston, Surrey, KT2 7QB.
2.2 How to contact me. You can contact me at by email telephoning me on 07796 783 007 or by writing to me at Kingston Private Health, Level 7, Kingston Hospital, Galsworthy Road, Kingston, Surrey, KT2 7QB.
2.3 How I may contact you. If I have to contact you I will do so by telephone or by writing to you by email at an email address or at the postal address you provide to me in your request for services.
2.4 "Writing" includes emails. When I use the words "writing" or "written" in these terms, this includes emails.
3. MY CONTRACT WITH YOU
3.1 How I will accept your request for services
3.1.1 You may make a request for service via telephone, email or in person at my clinic.
3.1.2 My acceptance of your request for services will take place when I tell you that I am able to provide you with the services, which I will also confirm in writing to you, at which point a contract will come into existence between you and me.
3.1.3 In accordance with s2 of the Children's Act 1989, in the absence of express consent from both parents/guardians, consent from one parent/guardian shall suffice for routine appointments.
3.2 If I am unable to accept your request for services.
If I am unable to accept your request for services, I will inform you of this either in writing or notify you on the telephone and will not charge you for the services.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services please contact me. I will let you know if the change is possible. If it is possible I will let you know about any changes to the price of the services, their timing 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.
5. MY RIGHT TO MAKE CHANGES
5.1 I may change the services, without consent, to reflect changes in relevant laws and regulations and where this is the case I will give you reasonable notice and inform you of the nature of the changes.
5.2 I will only make other changes if you agree with them in writing.
6. PROVIDING THE SERVICES
6.1 How I will provide the services:
6.1.1 I will perform the services with all reasonable skill and care.
6.1.2 I confirm that I am registered with the General Medical Council (the body responsible for setting and enforcing standards), have an enhanced Disclosure and Barring Service Certificate (a safeguard applicable to people working with children and in healthcare) and have adequate indemnity insurance or membership of a medical defence organisation.
6.1.3 I will carry out the consultation (and assessment if requested) to the best of my ability, within the allotted time frame. In certain circumstances it may not be possible to complete a full assessment and I will use my discretion to decide whether I will need to arrange another appointment, or if I can give an opinion based on the consultation, information provided, and the assessment.
6.2 When I will provide the services
6.2.1 I will supply the services to you at such times as agreed with you in writing. Where I have not agreed a fixed date for providing the services, I am required to provide them within a reasonable period of time.
6.2.2 am not responsible for delays outside my control. If my performance of the services is affected by an event outside my control then I will contact you as soon as possible to let you know and I will take steps to minimise the effect of the delay. Provided I do this I will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact me to end the contract and receive a refund for any services you have paid for but not received.
6.3 What will happen if you do not provide required information to me I may need certain information from you so that I can provide the services to you. I will contact you to ask for this information. If you do not, within a reasonable time of me asking for it, provide me with this information, or you provide me with incomplete or incorrect information, I may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate me for any extra work that is required as a result. I will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving me the information I need within a reasonable time of me asking for it.
6.4 I may have to suspend the services:
6.4.1 to deal with technical problems or make minor technical changes;
6.4.2 to update the services to reflect changes in relevant laws and regulatory requirements;
6.4.3 to make changes to the services as requested by you or notified by me to you (see clause 4 and 5);
6.4.4 if I am ill;
6.4.5 if you do not co-operate with me in respect of the services to be provided to you;
6.5 Your rights if I suspend the services
I will contact you in advance to tell you I will be suspending the services, unless the problem is urgent or an emergency. You may contact me to end the contract if I suspend the services, or tell you I am going to suspend them, in each case for a period of more than 2 weeks and I will refund any sums you have paid in advance for services not provided to you.
6.6 I may also suspend the services if you do not pay
If you do not pay me for the services when you are supposed to I may suspend any additional services you may have requested until you have paid me the outstanding amounts. This may include withholding the provision of a report setting out details of the consultation and my advice or recommendations. I will contact you to tell you I am suspending such services. I will not suspend my provision of services where you dispute the unpaid invoice. I will not charge you for the services during the period for which they are suspended. As well as suspending the services I can also charge you interest on your overdue payments.
6.7 Circumstances where I will suspend the services immediately and may terminate the contract
6.7.1 will suspend the services immediately if:
188.8.131.52 providing the services would be contrary to the law or any regulatory requirements;
184.108.40.206 in my reasonable professional opinion it is unsuitable for you to receive the relevant service;
220.127.116.11 you have not provided me with valid consent (where required). Where the services are being provided to a minor and only one parent or guardian provides valid consent then this is deemed to be the consent of both parents or guardians and it will be the responsibility of the attending parent or guardian to ensure that they have the authority of the other parent or guardian;
18.104.22.168 if you do not pay your insurance excess (if any) on or prior to the consultation;
22.214.171.124 if you do not provide me with your correct insurance authorisation to cover all aspects of the consultation on or prior to the consultation.
126.96.36.199 you display abusive, violent or threatening behaviour unacceptable to me; or
188.8.131.52 I am expressly instructed not to do so by an emergency service provider who has authority to give that instruction, for as long as that instruction applies.
6.7.2 If I suspend the services for 2 weeks then at the end of that time I may terminate the services for the reasons set out in clause 6.7.1 above:
6.7.3 Where reasonably possible, I will explain to you the action I am taking, when that action takes effect and the reasons for it. When doing so I will also inform you of your right to challenge the action.
7 YOUR RIGHTS TO END THE CONTRACT
7.1 Your right to cancel the contract before the services have been supplied and paid for. You may contact me at any time to end the contract for the services, but in some circumstances I may charge you certain sums for doing so, as described below.
7.2 What happens if you have good reason for ending the contract?
If you are ending the contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately and I will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
7.2.1 I have told you about an upcoming change to the services or these terms which you do not agree to;
7.2.2 I have told you about an error in the price or description of the services you have requested and you do not wish to proceed;
7.2.3 there is a risk the services may be significantly delayed because of events outside my control;
7.2.4 I suspend the services for technical reasons, or notify you that I am going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or
7.2.5 you have a legal right to end the contract because of something I am in breach of contract.
7.3 What happens if you end the contract without a good reason?
If you are not ending the contract for one of the reasons set out in clauses 7.2.1 to 7.2.5 and you otherwise cancel the appointment or fail to attend the appointment, the contract will end immediately but I may charge you reasonable compensation for the net costs I will incur as a result of your ending the contract.
8. MY RIGHT TO END THE CONTRACT
8.1 I may end the contract at any time by writing to you if:
8.1.1 You or your insurance company does not make any payment to me when it is due and you or your insurance company still do not make payment within 14 days of me reminding you that payment is due;
8.1.2 You do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide the services, for example, details relating to your medical history;
8.2 You must compensate me if you break the contract
If I end the contract in the situations set out in clause 8.1 I will refund any money you have paid in advance for services I have not provided but I may deduct or charge you reasonable compensation for the net costs I will incur as a result of your breaking the contract.
9 . IF THERE IS A PROBLEM WITH THE SERVICES
9.1 How to tell me about problems. If you have any questions or complaints about the services, please contact me. You can contact me by telephoning me on 07796 783 007 or by writing to me at firstname.lastname@example.org or Kingston Private Health, Level 7, Kingston Hospital, Galsworthy Road, Kingston, Surrey, KT2 7QB.
9.2 Putting a problem right
If you have raised an issue with my service under clause 9.1 above, I will endeavour to put it right. Depending on the circumstances, I may:
9.2.1 perform all or a part of the services again for you;
9.2.2 offer you a full or partial refund; or
9.2.3 agree with you some other suitable solution.
10. PRICE AND PAYMENT
The Price for the services
10.1 The price of the services (which excludes VAT) will be set out in my email or letter to you. If the price for all or any of my services is not set out there for any reason and:
10.1.1 you have not paid a price or other consideration for the services; and
10.1.2 the contract does not expressly fix a price or other consideration and does not say how it is to be fixed, then I am entitled to charge you a reasonable price for my services. However, I will always endeavour to provide full pricing information to you as set out above.
10.2 I can charge interest if you pay late. If you do not make any payment to me by the due date I may charge interest to you in line with the late payment of Commercial Debt (Interest) Act 1998. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay me interest together with any overdue amount.
When you must pay and how you must pay
10.3 Whether you are to pay my fees or payment is to be made by your insurance company, I will prepare an invoice or provide a receipt at the end of the consultation.
10.4 Where you are not paying through an insurance company you must pay in full at the end of each consultation.
10.5 I accept payments with all major credit cards, however I reserve the right to charge a fee of [3%] for payment by such means.
10.6 Where you are paying through an insurance company: I require full details of your insurer including authorisation details (if any) prior to the consultation (whether by telephone or at the clinic). I reserve the right to suspend the service where this information is not available. You are responsible for payment of my fees should your insurance company fail to pay them once due within 7 days of notification from me.
10.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact me promptly to let me know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 If you suffer personal injury or death caused by my negligence, there is no limit on my potential liability to you.
11.2 I am not responsible for any loss or damage to your property or belongings.
11.3 Other than under clause 11.1 my liability to you is limited to 100% of the price you have paid to me for the services.
11.4 If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill but I am 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 you and I knew it might happen, for example, if you discussed it with me.
12. HOW I MAY USE YOUR PERSONAL INFORMATION
12.1 You expressly consent to providing me with personal information, including medical information.
12.2 I will use the personal information you provide to me to:
12.2.1 provide the services; and
12.2.2 process your payment for such services.
12.3 I will only give your personal information to third parties including my secretary, the administrative team at Kingston Private Health & BMI Runnymede and where the law either requires or allows me to do so.
12.4 I will retain your medical records in relation to the services provided in accordance with the law and my policies which I can make available to you on request.
13 . GENERAL
13.1 This contract is between you and me. No other person shall have any rights to enforce any of its terms.
13.2 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.
13.3 If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the services, I can still require you to make the payment at a later date.
13.4 These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
I confirm that I have read and understood the terms and conditions above. I agree to the payment of any charges in connection with this appointment or any subsequent consultations.
Terms of Website Use.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
OTHER APPLICABLE TERMS
- My Acceptable Use Policy, which sets out the permitted uses and prohibited uses of my site. When using my site, you must comply with this Acceptable Use Policy.
- INFORMATION ABOUT me
[DOMAIN ADDRESS] is a site operated by Dr Claire Scott. I am a registered medical practitioner and my trading address is [TRADING ADDRESS].
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes I have made, as they are binding on you.
CHANGES TO MY SITE
I may update my site from time to time, and may change the content at any time. However, please note that any of the content on my site may be out of date at any given time, and I am under no obligation to update it.
I do not guarantee that my site, or any content on it, will be free from errors or omissions.
ACCESSING MY SITE
My site is made available free of charge.
I do not guarantee that my site, or any content on it, will always be available or be uninterrupted. Access to my site is permitted on a temporary basis. I may suspend, withdraw, discontinue or change all or any part of my site without notice. I will not be liable to you if for any reason my site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to my site.
INTELLECTUAL PROPERTY RIGHTS
I am the owner or the licensee of all intellectual property rights in my site, and in the material published on it. Those works are protected by copyright 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 my 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.
My status (and that of any identified contributors) as the authors of content on my site must always be acknowledged.
You must not use any part of the content on my site for commercial purposes without obtaining a licence to do so from me or my licensors.
NO RELIANCE ON INFORMATION
The content on my site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on my site.
Although I make reasonable efforts to update the information on my site, I make no representations, warranties or guarantees, whether express or implied, that the content on my site is accurate, complete or up-to-date.
LIMITATION OF MY LIABILITY
To the extent permitted by law, I exclude all conditions, warranties, representations or other terms which may apply to my site or any content on it, whether express or implied.
I will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, my site; or
- use of or reliance on any content displayed on my site.
Please note that I only provide my site for domestic and private use. You agree not to use my site for any commercial or business purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
I will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of my site or to your downloading of any content on it, or on any website linked to it.
[I assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by me of those linked websites. I will not be liable for any loss or damage that may arise from your use of them.]
I do not guarantee that my site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access my site. You should use your own virus protection software.
You must not misuse my site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to my site, the server on which my site is stored or any server, computer or database connected to my site. You must not attack my site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. I will report any such breach to the relevant law enforcement authorities and I will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use my site will cease immediately.
THIRD PARTY LINKS AND RESOURCES IN MY SITE
Where my site contains links to other sites and resources provided by third parties, these links are provided for your information only.
I have no control over the contents of those sites or resources.
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