Terms of use

These terms
1. What these Terms cover. These are the terms and conditions (the Terms) on which we supply the medical, surgical or diagnostic services to you (as more particularly described in the Services Schedule and outlined in the My Health Assistant Application (Application) (as defined below)) (the Services).
2. Why you should read them. Please read these Terms carefully before you request an appointment with us to receive the Services (Appointment). These Terms, together with the Appointment made via the Application will form the legally binding contract (Contract) between us and you. These Terms tell you who we are, how we will provide the 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.
Information about us and how to contact us
1. Who we are. We are a company registered OR partnership established OR sole trader established] in England and Wales. [Our company registration number is [NUMBER] and our registered office is at [ADDRESS] OR our address is [ADDRESS]. Our registered VAT number is [NUMBER].
2. How to contact us. You can contact us by telephoning our customer service team at [NUMBER] or by writing to us at [EMAIL ADDRESS AND POSTAL ADDRESS].
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 via the Application.
4. "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
PROVISION OF THE SERVICES – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE
1. The Services. If we:
  1. accept your request made on the Application for an Appointment with us, the Services will (subject to availability) be supplied to you by us at the pre-arranged time specified in the Appointment and in accordance with the applicable Service Schedule(s); or
  2. are unable to provide the Services, we will inform you of this either in person or in writing. We may reject your Application at our absolute discretion; however, this might, without limitation, be because:
    1. of events beyond our control; or
    2. we have identified an error in the price or description of the Services.
Medical Records. In order to provide the Services to the highest quality possible, we may require access to your medical health records. If requested, you hereby agree and acknowledge that by submitting the Application, you provide your GP (whose details you provided with on the Application) with express permission to provide us with all of your medical health records (including those of your GP and any hospital records) in line with the UK General Data Protection Regulation and any other relevant data protection legislation as amended and enacted from time to time. You understand that for these purposes:
1. your medical health records contain information from almost all consultations you have had with health professionals, including without limitation:
  1. why you saw a health professional;
  2. details of clinical findings and diagnoses;
  3. any options for care and treatment the health professional discussed with you;
  4. the decisions made about your care and treatment, including evidence that you agreed; and
  5. details of action health professionals have taken and the outcomes;
  6. we may contact your GP and present them with a copy of the consent provided by you within the Application and these Terms in support of this; and
  7. Your consent also gives permission to us to communicate the outcome of each Appointment you may have in connection with the Services back to your GP in order to keep your medical records up to date and complete for clinical safety.
2. Additional Information. We may provide you with additional information in respect of the particular Services required. Such information may include details as to:
  1. what to expect in conjunction with the receipt of certain Services;
  2. information regarding any condition, diagnoses, treatments and such other things discussed with us or reasonably associated with the Services (including side effects); and
  3. any additional costs incurred for any additional services recommended to you.
3. Special Requirements. If you have any particular requirements relating to the receipt of the Services then you must notify us of such requirements in advance and in which case we shall use reasonable endeavours to accommodate such requests.
4. Added Value. In addition to access to the Services, we may provide you with:
  1. regular updates, alerts and advice relating to the Services to enable you to keep up to date with the latest practices and provide topical reminders of precautionary steps and actions which you can take to improve or maintain your health; and
  2. additional online content made available via the Application, including health tips and material content related to the Services.
5. Changes. We may change the nature of the Services to:
  1. reflect changes in relevant laws and regulatory requirements; and
  2. implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.
6. We are not responsible for delays outside our control. If our supply of the Services 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.
7. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you as set out on the Application or otherwise requested by us from time to time, for example, certain additional medical information, personal and lifestyle circumstances. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may refuse to perform the Services and either end the Contract (and clause 7.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or where you provide us with inaccurate or incomplete information.
APPOINTMENT CANCELLATIONS AND SUSPENSION OF THE SERVICES
1. Failure to attend and Appointment. Where you make an Appointment but fail to attend you agree that we may still charge you as if you had attended the Appointment and received the Services.
Our right to cancel / postpone an Appointment. We reserve the right to cancel or postpone an Appointment at any time without liability to you and shall provide you with as much advance notice as reasonably practicable in the circumstances, including without limitation, where we consider that it is not in your medical interest.
Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
1. deal with technical problems or make minor technical changes or improvements;
2. update the Services to reflect changes in relevant laws and regulatory requirements; or
3. make changes to the Services as requested by you or notified by us to you.
4. Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the Contract if we suspend the Services, or tell you we are going to suspend the Services, in each case for a continuous period of more than 4 weeks and we will refund any sums you have paid in advance for the Services affected by any such suspension.
5. We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 5.3), we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 5.5).
Price and payment – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE
1. How much does it cost? The price of the Services will be the price as set out on the App or confirmed following receipt of the Application. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 5.4 for what happens if we discover an error in the price of the Services.
2. Additional Charges. In addition to the price of the Services, you may also have to pay additional costs for medication and other goods and services for which there is an additional cost notified to you in advance or otherwise detailed within these Terms.
3. When you must pay and how you must pay. For information please see the relevant section of the Application.
4. What happens if we got the price wrong. We will normally check prices before forming the Contract so that, where the correct price at your Appointment date is less than our stated price, we will charge the lower amount. If the correct price at your Appointment date is higher than the price stated to you, we will (where possible) contact you for your instructions before the Appointment.
5. What if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. 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 us interest together with any overdue amount. In the event that there are any outstanding sums due to us we may suspend the provision of the Services until such time as you have paid us.
Your rights to CANCEL AN APPOINTMENT and how to end it
1. You can always cancel your Appointment with us. Your rights when you cancel the Appointment will depend on how we are performing and when you decide to cancel it:
  1. If you want to cancel the Appointment because of something we have done or have told you we are going to do, see clause 6.2;
  2. If you have just changed your mind about the Services, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
  3. In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.4.
2. Cancelling an Appointment because of something we have done or are going to do. If you are cancelling the Appointment for a reason set out at 6.2.1 – 6.2.4 below the Appointment shall be cancelled and the Contract will end immediately and we will refund you in full for any Services which have not been provided and which you have paid in advance for and you may also be entitled to compensation. The reasons are:
  1. we have told you about an error in the price or description of the Services and you do not wish to proceed;
  2. there is a significant risk that supply of the Services may be significantly delayed because of events outside our control;
  3. we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 consecutive weeks; or
  4. you have a legal right to end the Contract because of something we have done wrong.
3. How long do I have to change my mind? Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have 14 days after the formation of the Contract to cancel it where you change your mind. You expressly agree that we may commence with the provision of the Services during the cancellation period and in the event that you receive any during that time, you must pay us for the Services provided up until the time you tell us that you have changed your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Services. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
4. Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the Contract before it is completed, but you may have to pay us compensation.
5. Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
  1. Email. By sending an email to us at [INSERT].
  2. By post. By writing to us at [INSERT].
6. How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team on [INSERT] or write to us at [INSERT EMAIL / ADDRESS].
Our rights to end the contract
1. We may end the Contract if you break it. We may end the Contract at any time by writing to you if you do not make any payment to us when it is due.
2. We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know as soon as reasonably practicable in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
How we may use your personal information
1. How we will use your personal information. We will use the personal information you provide to us:
  1. to supply the Services to you;

to process your payment for the Services; and
if you agreed to this during the order process, to give you information about similar or related goods and services that we provide, but you may stop receiving this at any time by contacting us.
1. We may pass your personal information to third parties. Where we extend credit to you for the Services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do. We will only give your personal information to other third parties where the law either requires or allows us to do so.
Our responsibility for loss or damage suffered by you – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE
1. 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 breaching the Contract or our failing to use reasonable care and skill or acting in compliance with the Standards (as referred to in clause 3 above), 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 sales process.
2. 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.
Other important terms
1. We may transfer this Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract in advance of your Appointment or (if earlier) within 2 weeks of us telling you about it and we will refund you any payments you have made in advance for Services not provided beyond the termination date.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
3. Nobody else has any rights under this Contract. The Contract is between you and us. No other person shall have any rights to enforce any of these Terms. Neither of us will need to get the agreement of any third party in order to end the Contract or make any changes to these Terms.
4. If a court finds part of this Contract illegal, the rest will continue in force. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
5. 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 and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
6. 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 Contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Contract in either the Northern Irish or the English courts.
7. 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 for Effective Dispute Resolution via their website at www.cedr.com.

SERVICES SCHEDULE – PHYSIOTHERAPY

THE SERVICES
1. As part of our Services, we will provide to you the physiotherapy services under the terms of this Schedule and which may (as detailed in our acceptance of the Application) include but not limited to diagnostic services, patient treatment plans, follow up appointments, and out-patient treatment plans as determined by the physiotherapist (Therapist) to treat your relevant medication or health condition(s) notified by you to us (Physiotherapy Services).
2. Unless we direct the method of delivery, our Physiotherapy Services shall be provided to you either:
  1. in person by the Therapist at our facilities located at [INSERT ADDRESS]; or
  2. remotely using appropriate video conferencing or telephone platforms, as detailed in the Application, provided always that both delivery methods of the Physiotherapy Services are made available to you on the Application.
The Therapist may decide that you need treatment as part of the Physiotherapy Services. The treatment that we may provide to you will be in accordance with our expertise, and may include:
1. [INSERT TREATMENT METHODS]
2. acupuncture;
3. electrotherapy;
4. exercise rehabilitation;
5. manual therapy (including massage, mobilisation, manipulation and taping);
6. pilates;
7. shockwave therapy; and
8. sports massage, or any other treatments as determined and provided by the Therapist from time to time. This list is not an exclusive list and the availability and suitability of the treatments under the Physiotherapy Services will be determined solely by the Therapist at their professional discretion.
Service Standards
1. We are:
  1. a registered member of the Chartered Society of Physiotherapy and the Health Care Professions Council [AND/OR INSERT RELEVANT REGISTERED ASSOCIATIONS AND/OR QUALIFICATIONS];
  2. authorised and hold the necessary accreditations and qualifications to provide the Physiotherapy Services to you; and
  3. are required to comply with the principles and values laid down by the [INSERT RELEVANT PROFESSIONAL ASSOCIATIONS], and shall provide the Physiotherapy Services in accordance with all the above.
You agree that you shall cooperate in full with us (including any Therapist) in connection with the provision of the Physiotherapy Services, including via following our reasonable requests and recommendations and that we shall have no liability where you fail to follow any of our recommendations or otherwise fail to cooperate.
Equipment
1. We will, where the Appointment is in person, provide all the equipment necessary during the Appointment to provide the Physiotherapy Services to you.
2. You may be required to purchase additional equipment as part of ongoing treatment or rehabilitation or where any Appointment is carried out remotely. If this is required, this will be notified to you by your Therapist during your Appointment. We will not be responsible for supplying you with any equipment outside of any in person Appointment nor the costs of the same at any time.
OUTCOMES

You agree and acknowledge that we cannot guarantee that the provision of any Physiotherapy Service will result in a particular outcome or achieve your subjective goals. You understand that each patient will react differently to the Physiotherapy Service and that your conditions may take longer to treat or require alternative treatments to those who have the same or similar conditions to you.