Terms & Conditions
These Terms & Conditions are only relevant to those paying for Additional Services.
This Additional Services Agreement is made on the date of the acceptance of your Booking in accordance with clause 4.2 below
PARTIES:
1. VITAL FLOW HEALTH LIMITED incorporated and registered in England and Wales with company number 15727765 whose registered office is at Suite 6, Floor 2 Congress House, 14 Lyon Road, Harrow, United Kingdom, HA1 2EN (“Vital Flow”).
2. The person who has completed the Patient Registration Form attached (“You”).
BACKGROUND:
1. You are eligible to receive services provided by Vital Flow due to your employment / engagement with the Company, and you have elected in the Online Booking Form, to purchase Additional Services from Vital Flow.
2. These are the terms and conditions on which we will supply the Additional Services to you. These terms will form a contract between you and us (the “Additional Services Agreement”).
3. In this agreement “we” “us” and “our” means Vital Flow. “You” and “your” and “yours” means you, being the person identified on the Patient Registration Form.
4. The Additional Services shall be provided by the Vital Flow Health Professionals, being the persons engaged by Vital Flow to provide the Consultations.
AGREED TERMS
1. These Terms
1.1 The words and expressions in bold in the “Background” section above shall have the meaning attributed to them.
1.2 You have accessed these terms via our Semble portal and by accepting these terms, you are agreeing:
(a)Your personal information: To supply personal information about you to us, some of which may be sensitive, and to allow us to process that information in accordance with these terms and our privacy policy. This can be accessed by clicking the link to our privacy policy on our website. This will include making your information available to all Health Professionals who provide medical and health services to you via the Additional Services.
(b)Your cancellation rights: That you waive any rights to cancellation of Services you request from Health Professionals other than as set out in paragraph 9.1 of these terms.
(c)The limits of our liability: That you understand the way in which we limit our liability to you for the Additional Services as set out in paragraph 13 of these terms.
1.3 Please read these terms carefully before you commit to purchasing the Additional Services. These terms tell you who we are, how we will provide the Additional Services to you, how you and we may change or end this Additional Services Agreement, 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.
1.4 You can access these terms at any time at www.vitalflow-health.com/terms-and-conditions. We reserve the right to update these terms from time to time by posting the updated version on our website. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Additional Service and our Additional Services Agreement with you will terminate. If you carry on receiving our Additional Service, you will be deemed to have accepted the terms.
2. Definitions
2.1 The following terms shall having the following meanings in these terms:
Additional Services: means the Additional Services which you are purchasing from Vital Flow as stated in the Online Booking Form.
Booking: means a booking made by you with us for the provision of a Consultation at which you will receive Additional Services.
Business Day: a day other than a Saturday, Sunday or a public holiday in England, when the clearing banks in London are open for business.
Company: means the company detailed in the Patient Registration Form.
Consultation: means any in-person consultation with a Health Professional at the time you receive the Additional Services.
Fees: the price of the Additional Services you have selected to receive.
Health Professional: means an individual as defined in paragraph 8.2.
Patient Registration Form: the form you completed providing your details.
Online Booking Form: the form you completed to request access to Additional Services and to book your appointment date and time.
Premises: means the premises at which the Additional Services are provided to you from time to time.
Wellness Questionnaire: means our online questionnaire whereby we request certain personal information which you must complete at the time of Booking.
2.2 When we use the words "writing" or "written" in these terms, this includes emails.
2.3 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
3. Information about us and how to contact us
3.1 Who we are.
(a) We are VITAL FLOW HEALTH LIMITED incorporated and registered in England and Wales. Our company registration number is 15727765 and our registered office is Suite 6, Floor 2 Congress House, 14 Lyon Road, Harrow, United Kingdom, HA1 2EN. We are registered with the Care Quality Commission.
3.2 Who you are:
(a) You are the person accessing the Additional Services in accordance with these terms and you are at least 18 years old.
(b) The Company has provided you with an email confirming you are eligible to access the services they have purchased from Vital Flow and you have elected to purchase the Additional Services.
(c) You are the patient who will receive the Additional Services from us.
3.3 You confirm that you have the right, authority and capacity to enter into these terms. If you do not agree with all of the provisions of these terms, do not access the Additional Services.
3.4 You can contact us by email (info@vitalflow-health.com). Details of all our contact methods can be found on our website (www.vitalflow-health.com).
3.5 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 in your Patient Registration Form.
3.6 You are responsible for providing us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason we are unable to contact you in the manner described above, our dispatch of the e-mail or letter will nonetheless constitute effective delivery to you of our notice.
4. Our contract with you
4.1 You have made a request to access the Additional Services using the Online Booking Form.
4.2 Our acceptance of your request for the Additional Services will take place when the Company provides us with confirmation that they have agreed to engage us, and we have received payment of the Fees from you, and we provide you with confirmation of your Booking at which point the Additional Services Agreement will come into existence between you and us.
4.3 If we are unable to accept your request for the Additional Services for any reason, we will inform you of this in writing as soon as possible and arrange a refund.
4.4 We may contact you by telephone, email, or text message, unless you have specified otherwise at the contact information you provided on the Patient Registration Form. We are not obliged to check that the information we send you remains confidential.
5. Your obligations to us
5.1 On acceptance of your request for the Additional Service you agree that you will attend the Consultation on time. If not then, in addition to any other rights or remedies we may have, we shall be entitled to instruct the Health Professional to refuse to provide the Additional Service to you. Late appointments will be accommodated at the discretion of our staff.
5.2 It is your obligation to ensure that the information you provide is correct.
5.3 You must comply will all laws applicable in England and Wales or any other location that you access the Additional Service from. If any laws applicable to you restrict or prohibit you from using the Additional Services, you must comply with those legal regulations or, if applicable, stop accessing and/or using the Additional Services.
6. Your rights to make changes to the Additional Services you receive
6.1 If you wish to make a change to the Additional Services before the Consultation please contact us.
6.2 No change shall be agreed unless and until we have provided confirmation to you in writing.
7. Our rights to make changes
7.1 We may change the Additional Services, without your consent, to reflect changes in relevant laws, regulatory requirements, the nature of the Additional Services or the needs of our business. We will notify you of any changes prior to the Consultation (which may be by the Health Professional when you attend the Consultation). If you do not accept the change and we are unable to offer an alternative, we may, subject to paragraphs 8 and 10, terminate this agreement without compensation to you.
7.2 Paragraph 1.4 sets out details of how and why we may update these terms
8. Providing the Additional Services
8.1 Subject to paragraph 8.10 and paragraph 10, we will provide you with the Additional Services you have selected.
8.2 We will perform the Additional Services with all reasonable skill and care using qualified and experienced clinicians including but not limited to health care associates, nurses and doctors (“Health Professionals”) working to levels of good clinical practice.
8.3 We confirm that the Health Professionals we use will be registered with all applicable regulators, will have an enhanced Disclosure and Barring Service Certificate, and will have adequate professional indemnity insurance.
8.4 The Consultation shall be at such times as agreed with you in our confirmation email.
8.5 If our performance of the Additional 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. Provided we do this we will not be liable for delays in you being able to make a Booking or if you do not receive a Consultation caused by the event.
8.6 You accept that due to the nature of health care, we cannot guarantee that any appointment or Booking will necessarily be kept at the exact time stipulated as the booked appointment. You will be contacted immediately as soon as we are aware of any material delays to your appointment time so there is minimal impact to your working day.
8.7 Without limiting our other rights or remedies under this Contract, we may cancel a Consultation by giving you not less than twenty four (24) hours’ notice which may be sent via email.
8.8 In exceptional circumstances (such as illness or emergencies), we may need to cancel a Consultation on less than twenty four (24) hours’ notice. We will notify you of such cancellation as soon as we are able to do so and shall liaise with your Company to arrange an alternative date for the Consultation (at no additional cost to you). We will not be liable if a Consultation is cancelled except to repay any Fees you have paid.
8.9 We will need certain information from you via our Wellness Questionnaire so that we can provide the Additional Services to you. We will ask for this information at the time of Booking. If you do not provide the required information forty-eight (48) hours prior to your Consultation time, we reserve the right not to provide the Additional Services, and we will not be liable to refund the Fees.
8.10 We may have to suspend the Additional Services available to you in the following circumstances:
(a) to deal with technical problems or make technical changes;
(b) to update the Additional Services to reflect changes in relevant laws and regulatory requirements;
(c) to make changes to the Additional Services as requested by you or notified by us to you (as stated in paragraph 7).
8.11 If it is necessary to suspend the Additional Services in accordance with paragraph 8.10, we will contact you in advance to tell you we will be suspending the Additional Services, unless the problem is urgent or an emergency. You may contact us to end the Additional Services Agreement if we suspend the Additional Services and you cannot make an alternative date for a Consultation. If you do so we will refund the Fees, or such proportion of the relevant Fees as is appropriate (at our discretion) to reflect the suspension of Services.
8.12 If the Company does not pay us any sums which relate to the services they have purchased by the due date, we may suspend the Additional Services until we have been paid the outstanding amounts. We will contact you to tell you we are suspending supply of the Additional Services.
8.13 We will suspend and may, in our discretion terminate, the Additional Services immediately if:
(a) providing the Additional Services would be contrary to the law or any regulatory requirements;
(b) in the reasonable professional opinion of any Health Professional, it is unsuitable for you to receive the relevant Services;
(c) you have not provided us with valid consent (where required);
(d) you do not co-operate with us in respect of the Additional Services to be provided to you or if you do not comply with these terms including failing to provide information in accordance with paragraph 8.9;
(e)you request changes to the Additional Services which we cannot or are unwilling to comply with;
(f) you display abusive, violent or threatening behaviour unacceptable to us or any Health Professional or other member of our staff, such behaviour may be notified to the Company; or
(g) we are 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.
8.14 If the Additional Services are suspended we will seek to provide the Additional Services to you as soon after as reasonably practicable.
8.15 If the Additional Services are terminated due to an act or omission by you we will not refund the Fees paid and you will be liable to pay any outstanding Fees.
8.16 If the Additional Services are terminated due to matters stated in paragraphs 8.13(a) or 8.13(b) or due to an event or circumstance you did not know about or reasonably could not have known about, we will refund any Fees you have paid.
8.17 We will not be liable if we suspend or are unable to continue the Additional Services temporarily or permanently due to the relevant Health Professional or other necessary persons being unavailable, other than to refund the Fees you have paid.
8.18 Where reasonably possible, we will explain to you the action we are taking, when that action takes effect, and the reasons for it. When doing so we will also inform you of your right to challenge the action taken through our complaints process.
9. Your rights to cancel bookings
9.1 Once you have received confirmation of your Booking in accordance with paragraph 4.2, you have the right to cancel the Additional Services within 10 Business Days of receiving this confirmation, if your Booking is after this period and we shall refund the Fees to you. This cancellation will not impact on your right to receive the services that the Company is funding on your behalf.
9.2 You understand and accept that a Booking will be deemed cancelled if you are more than 10 minutes late to an appointment and we are not able to accommodate you. If we can still accommodate your appointment, it is at the individual Health Professional’s discretion whether this will be for the full appointment time. We are not liable in the event that a Consultation is cancelled and the Fees remain payable.
10. Term and termination of the contract
10.1 Subject to this section, these terms will remain in full force and effect while you use the Additional Services. Provided you are not in the course of receiving the Additional Services from Health Professionals (including in respect of a Booking which has been made), you can always end this agreement between you and us as set out in these terms in a notification by email at any time.
10.2 We may suspend or terminate your rights to use the Additional Services (including your account) at any time and at our sole discretion.
10.3 Upon termination of your rights under these terms, your right to access your account and use the Additional Services will terminate immediately. You understand that any termination of your account may involve deletion of your user content associated with your account from our live databases.
10.4 We will not have any liability whatsoever to you for any termination of your rights under these terms, including for termination of your account or deletion of your user content. Even after your rights under these terms are terminated, paragraphs 13, 14 and 15 will remain in full force and effect.
10.5 If you are ending this agreement for one of the following reasons this agreement will terminate immediately, and we will refund the Fees to you if the Additional Service has not been provided:
(a) we have told you about an upcoming change to the Additional Services or these terms which you do not agree to in accordance with paragraph 7;
(b) we have told you about an error in the Fees or description of the Additional Services you have requested and you do not wish to proceed;
(c) the Additional Services are significantly delayed because of events outside our control in accordance with paragraph 8.5; or
(d) you have a legal right to end the Additional Services Agreement because of something we have done wrong.
10.6 We may end the Contract at any time by writing to you (including via email or SMS text message) if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Additional Services, for example, details relating to your medical history;
(b) in the event of continued inappropriate usage of the Additional Services; or
(c) in any of the circumstances set out in paragraphs 8.13.
11. If there is a problem with the Additional Services
11.1 If you have any questions or complaints about the Additional Services, please contact us using the details provided at paragraph 3.4 above.
11.2 If you have raised an issue with the Additional Services under paragraph 11.1 above, we will endeavour to put it right. Depending on the circumstances, we may:
(a) perform all or a part of the Additional Services again for you;
(b) offer a full or partial refund of the Fees paid; or
(c) agree with you some other suitable solution.
11.3 If we remain unable to resolve the issue please see our Complaints Policy on the website www.vitalflow-health.com If you are not happy with how we have handled any complaint, you may want to contact the Independent Sector Complaints Adjudication Service (ISCAS). You can submit a complaint to them via their website at http://www.iscas.org.uk.
12. Fees and payment
12.1 You have agreed to purchase the Additional Services and agree to pay the Fees for these services.
12.2 Payment of the Fees is required upon submission of the Online Booking Form Form and shall be made by an electronic payment using the Semble portal.
12.3 The Booking will not be confirmed until the Fees have been paid.
13. Our responsibility for loss or damage suffered by you
13.1 If you suffer personal injury or death caused by our negligence, there is no limit on our potential liability to you.
13.2 We also do not seek to limit or exclude our potential liability for anything else which cannot be legally limited or excluded.
13.3 Other than under paragraphs 13.1 and 13.2 our liability to you is limited to the sum of the Fees paid by you (which excludes any sums paid by the Company in respect to you).
13.4 We are not responsible to you for any acts or omissions of third parties, including in connection to the premises where the Consultation is held or the content of any laboratory results.
13.5 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this agreement 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 agreement was made, both we and you knew it might happen, for example, if you discussed it with us prior to entering into this agreement.
13.6 Access to, and use of the Additional Services is at your own discretion and risk, and you will be solely responsible for the quality of any data generated by devices you connect to our website and you will be solely responsible for any damage to your device or computer system or resulting loss of data arising from your use of our website or any cyberattack on our website.
14. How we may use your personal information
14.1 You expressly consent to providing us with personal information, including medical information, for us to provide an anonymised summary to the Company in a Client Insight document in accordance with paragraph 14.4 for the purpose of its developing the health and wellbeing environment of the Company.
14.2 We may use the personal information, including any medical information, you provide to us:
(a) to provide the Additional Services (for this purpose we will disclose your personal information to our Health Professionals);
(b) to process your payment for such services;; and
(c ) as may otherwise be outlined in our Website Privacy Policy.
14.3 We will only give your personal information to other third parties where it is necessary for the delivery of the Additional Services, the management of medical emergencies as determined by our Health Professionals, and where the law either requires or allows us to do so.
14.4 No personal information, including but not limited to any report regarding your health and wellbeing, other than that information which is required to raise invoices, shall be disclosed to the Company. Your data will form part of an anonymised aggregated data summary for the Company.
14.5 Any information you have provided to us through our website will be subject to our Website Privacy Policy which can be found here: www.vitalflow-health.com. We will retain your medical records in relation to the Additional Services provided in accordance with the law and our policies which we can make available to you on request.
15. Data Protection
15.1 We must comply fully in all respects with the provisions of the Data Protection Legislation.
15.2 Any processing of Personal Data by us as a Data Controller must be carried out in in accordance with the terms set out in Vital Flow ’s Privacy Policy which is located on the website (www.vitalflow-health.com).
16. Waiver
16.1 A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
16.2 A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
17. Severability
17.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
18. Third Party Rights
18.1 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
18.2 We shall not be liable to pay for any loss or damage to you and to the Company with regard to any event.
19. Governing law
This Additional Services Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
20. Jurisdiction
20.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Additional Services Agreement or its subject matter or formation.