- THESE TERMS
We want you to find the services we provide a positive and informative experience and therefore it is important that you fully understand what has been agreed between us. These terms and conditions set out the detail of issues such as charges and payment arrangements, what happens if you need to cancel for any reason and our responsibility to you.
1.1 What these terms cover. These are the terms and conditions upon which we supply services to you.
1.2 Why you should read them. These terms tell you who we are, how we will provide services 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. It is important that you carefully read these terms before you book any of our services.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Preventicum UK Limited a company registered in England and Wales. Our company registration number is 05149731 and our registered office is at Beechwood Hall, Kingsmead Road, High Wycombe, Buckinghamshire, HP11 1JL.
2.2 How to contact us. You can contact us by telephone on 0207 6056900, by email at email@example.com or by writing to Preventicum UK Limited, London Centre of Preventive Medicine, The Cursitor Building, 38 Chancery Lane, London WC2A 1EN.
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 provide to us at the time of booking the services.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1 How we will accept your booking. Our acceptance of your booking will take place when we tell you that we are able to provide you with the services, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your booking. If we are unable to accept your booking, we will inform you by telephone or by email and will not charge you for the services.
3.3 We only sell to the UK. Our website and brochure are solely for the promotion of our services in the UK.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to any booked service please contact us as soon as possible. We will let you know if the change is possible. If it is possible we 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.
- OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements; and/or
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the services.
5.2 More significant changes to the services and these terms. In addition, we may make more significant changes to the services and/or these terms, but if we do so we will notify you in advance and you may contact us to end the contract and receive a full refund before the changes take effect.
- PROVIDING THE SERVICES
6.1 What happens after you have booked services with us. We will send you confirmation of your booking in writing with a confirmation pack. The confirmation pack will include a Medical History Questionnaire which will need to be completed prior to your appointment date and must be brought with you on the date of your appointment. It is your responsibility to accurately and honestly complete the Medical History Questionnaire. If you provide us with incorrect or incomplete information in the Medical History Questionnaire the provisions of Clause 6.4 and Clause 11.7 of these terms and conditions will apply.
6.2 When we will provide the services and what we will require of you. We will supply the services to you on the date of your appointment. We will require you to sign a consent form before any services are undertaken. The consent form sets out information concerning the services and will be provided to you in your confirmation pack prior to your appointment. When you arrive for your appointment the Doctor who will be carrying out the services will talk you through the service you have booked and explain the various tests and examinations that will be carried out. If you are happy with the consent form it will be signed by you and the Doctor. If you are unhappy with the consent form and do not want to sign it we will be unable to proceed with the services and we may end the contract in accordance with Clause 8.
6.3 We are not responsible for delays outside our control. If our performance of the services is affected 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. If our performance is affected by an event outside our control then you will have the choice of:
(a) changing your appointment date to an alternative date or time at no extra cost; or
(b) cancelling the services (in which case you will receive a full refund of all payments made for services you have paid for but not received).
Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may end your contract with us and receive a refund for any services you have paid for but not received.
6.4 What will happen if you do not provide required information to us. We will need certain information from you so that we can provide the services to you. This information shall include, but is not limited to, the completion of the Medical History Questionnaire prior to your appointment date. If you do not complete the Medical History Questionnaire or you provide us with any other incomplete or incorrect information, we will be unable to provide the services to you and we may end the contract in accordance with Clause 8.
6.5 Reasons we may suspend the services. We may have to suspend the services to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as requested by you or notified by us to you (see Clause 4 and Clause 5).
In the event that we suspend the services you may;
(a) change your appointment date to an alternative date or time at no extra cost; or
(b) cancel the services (in which case you will receive a full refund of all payments made for services you have paid for but not received).
- YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances, we may charge you for doing so, as described in Clause 7.3 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 (a) to (e) below the contract will end and we will refund you in full for any fees paid for services which have not been provided or have not been properly provided. The relevant reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the services you have booked and you do not wish to proceed;
(c) there is a risk the services may be significantly delayed because of events outside our control;
(d) we suspend the services for technical reasons, or notify you we are going to suspend them for technical reasons;
(e) you have a legal right to end the contract.
7.3 What happens if you reschedule your appointment or end the contract without a good reason. If you are rescheduling your appointment or if you end the contract for a reason other than one set out in Clause 7.2, to compensate us for our costs and expenses, the following charges will apply and shall become immediately due:
If you cancel or reschedule your appointment with 5 or less clear working days’ notice prior to your appointment, the charge will be equal to the full cost of the services.
If you cancel or reschedule within 6 to 20 clear working days’ notice prior to your appointment, the charge will be £75.
Please note that refunds will not be given if we are not able carry out any part of the services due to factors including but not limited to: claustrophobia, illness or pregnancy.
For the purpose of this contract, clear working days; do not include the day of the appointment or the day on which notice is being given.
- OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due or fail to comply with our payment terms; or
(b) you provide us with incorrect or incomplete information in the Booking Form, Medical History Questionnaire or any other document relating to your medical history that we require in order to provide the services; or
(c) you refuse to sign the consent form; or
(d) if you fail to attend your appointment; or
(e) fail to attend or reschedule your appointment within 2 years of your booking.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.1 we may retain your deposit (subject to clause 8.3 below) and charge you the balance of the cost of the services as compensation for the costs we will incur as a result of your breaking the contract.
8.3 Failure to reschedule your appointment. If you fail to reschedule your appointment within 2 years of your original booking, we will use reasonable endeavours to return your deposit subject to the payment of an administration charge of £75. We will contact you using the contact details you provided us at the time of the original booking. If you fail to respond to our request (because your contact details have changed or otherwise) or you fail to provide your bank details within 90 days from our request, we will be entitled to keep the entire deposit.
- IF THERE IS A PROBLEM WITH THE SERVICES
9.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone us on 0207 605 6900, email us at firstname.lastname@example.org or write to us at Preventicum UK Limited, London Centre of Preventive Medicine, The Cursitor Building, 38 Chancery Lane, London WC2A 1EN.
9.2 Summary of your key legal rights under the Consumer Rights Act 2015. In addition to any other legal rights available to you, this is a summary of your key legal rights under the Consumer Rights Act 2015 in relation to the services. These rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Under the Consumer Rights Act 2015 says you can ask us to repeat a service if it’s not carried out with reasonable care and skill. Nothing in these terms and conditions will affect your legal rights.
9.3 Our guarantee in addition to your legal rights. We offer the following goodwill guarantee which is in addition to your legal rights (as described in Clause 9.2) and does not affect them. In the unlikely event there is any defect with the services, and if remedying the defect is impossible or cannot be done within a reasonable time or without significant inconvenience, to you we will refund the price you have paid for the services.
- PRICE AND PAYMENT
10.1 Where to find the price for the services. The price of the services will be the price set out in our price list in force at the date of your booking unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see Clause 10.3 for what happens if we discover an error in the price of the services you book.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your booking date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we provide may be incorrectly priced. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
10.4 When you must pay and how you must pay. You must make an advance payment of 50% of the price of the services at the time of booking (the “Deposit”). The Deposit must clear our account prior to the date of your appointment and within 48 hours of your appointment confirmation email being sent to you. Payment of the Deposit can be made by credit card, debit card, cheque or via BACs payment. Payment may only be made in UK Sterling. The outstanding balance for payment of the Services will be due on the day of your appointment and must be paid by either credit card or debit card.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We will provide the services to you on the date agreed during booking. The services will be completed as explained to you during the booking process (this will depend on the services booked by you).
11.2 In most cases the services are undertaken as described to you and as described to you by our Doctor. However, some tests may not be appropriate for medical reasons and it is at our or the Doctor’s discretion whether certain tests are omitted from the services you have booked. If we or the Doctor decide that some tests are not suitable for any reason you will be notified and told the reason for that. In this case, there will be no refund for any tests omitted and payment must be made in accordance with Clause 10.4 above.
11.3 You acknowledge that no system or test is perfect. The services are designed to ensure that the testing is as accurate as possible. However, occasionally a false or inaccurate test result may occur. We shall have no liability for this unless that false or inaccurate test has resulted from our negligence. Your attention is drawn to Clauses 11.4, 11.5, 11.6, 11.7 and 11.8 below. We try to minimise such false or inaccurate results by ensuring that regular checks are undertaken on our equipment and processes. However, you acknowledge that all systems, tests and processes do have limitations in relation to their accuracy, sensitivity and scope.
11.4 The results of your tests can only reflect your physical condition on the date of the services. We cannot predict any medical conditions which you may develop after the services have been provided or at any time in the future. Furthermore, you acknowledge that the tests cannot identify mental illness or other similar conditions.
11.5 We are responsible for any loss or damage to property belonging to you if that arises from our or our employees’ negligence. Our liability for such loss or damages shall be subject to a limit of £1,000.
11.6 Liability for further treatments.We shall not be liable for any further treatments or information supplied to you by third parties once we have provided the services, including any third party to whom you are referred by us.
11.7 Inaccurate Information.We shall have no responsibility to you as a result of any loss or damage which may occur to you resulting from any inaccurate or incorrect answers given in the Booking Form, Medical History Questionnaire or any other document relating to your medical history.
11.8 Answering questions put to you by us or our Doctor whilst completing the consent form accurately and honestly. We shall have no responsibility to you as a result of any loss or damage which may arise due to your failure to comply with the requirements of the consent form or failure to answer any question accurately.
11.9 Responsibility for Foreseeable Loss. We are responsible to you for foreseeable loss and damage caused by us. 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, for example, if you discussed it with us during the booking process.
11.10 We do not exclude or limit in any way 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 the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at Clause 9.2.
11.11 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the services; and
(b) process your payment for such services.
12.2 We will comply with all applicable laws relating to personal data received from you or on your behalf at all times including but not limited to the Data Protection Act 1998 and the General Data Protection Regulations (EU) 2016/679.
13.1 Our objective is to ensure you are fully satisfied with the services. Unfortunately, problems and misunderstandings do sometimes arise. If you are unhappy at any time with any aspect of the services or wish to make a suggestion please contact us to receive a copy of our feedback form. If the problem is not resolved to your satisfaction then please contact our Clinic Manager. If you are still unhappy then please contact our Head of Preventicum and Specialist Clinics who will arrange for the matter to be investigated and then discussed with you.
Alternatively, you may wish to enter into Alternative Dispute Resolution which is explained further in Clause 14.6.
- OTHER IMPORTANT TERMS
14.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the Clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. 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 your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
14.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre of Effective Dispute Resolution via their website at http://www.cedr.com/consumer