1.INTERPRETATION AND DEFINED TERMS
When the following words are used in these Terms, this is what they will mean:
'Business Day' means a day (other than a Saturday or Sunday) when banks are open for business in London;
'Fee' means the fees payable by you for the Service;
'Practitioner' means a registered healthcare practitioner suggested by us to you through the Service;
'Service' means the concierge service to be provided by Medstars under these Terms as set out and described in Clause 2;
'we', 'our', 'us' means Medstars Limited, England and Wales company number 08982663, with registered address The Oakley, Kidderminster Road, Droitwich, Worcestershire, WR9 9AY;
'Website' means the website(s) used by us to provide the Service, currently medstars.co.uk;
'written' means any communication in writing or email;
'you', 'your' means you as the patient and user of the Service.
Clause, schedule and paragraph headings will not affect the interpretation of these Terms.
2 OUR SERVICE
The Service is a concierge service through which we seek to provide you with details of Practitioners. You can then decide to engage a Practitioner for the provision of medical services directly between you and your chosen Practitioner. As part of the Service, we will research the market in order to suggest Practitioners for you. We are not providers of medical services ourselves. We only survey the market to suggest Practitioners and may also arrange appointments on your behalf.
We are not responsible for the quality of medical care or medical advice provided by the Practitioner. That is between the Practitioner and you.
We are also not:
an emergency 24/7 medical service. IN AN EMERGENCY, YOU SHOULD CALL 999 OR ATTEND YOUR LOCAL EMERGENCY HEALTH CLINIC.
Your primary care physician and we would recommend that you access local health care for any immediate health concerns
Each time you pay a Fee it gives you the right to have one recommendation and appointment from that query. If you pay a Fee, you have one year from the date when you make the payment to make a query to us (our response to your query and us arranging an appointment may take place after expiry of the one year period). If you do not make a query during that year, then the Fee is non-refundable.
We will perform the Service with reasonable care and skill.
Following an initial interview with a Medstars Doctor we aim to provide recommendations of Practitioners and their available appointments to you within five working days. We will then be able to arrange an appointment with the Practitioner chosen by you. You must decide within 24 hours of receiving this information for us to be guaranteed to arrange the appointment on your behalf.
Where we arrange appointments on your behalf and you have confirmed that appointment, it is your responsibility to cancel an appointment if you are unable to attend. You will be responsible directly for the cost of your appointment and/or any fees for cancellation or non-attendance.
In order to provide the Service we rely on you to provide accurate information about yourself. We are not responsible for inaccurate responses that you may give which may lead to the wrong Practitioner being suggested.
3 OUR CONTRACT WITH YOU
A contract will be formed between us once we have received payment of the Fee from you. Payment is to be made by credit or debit card or by settling our invoice through bank transfer.
The Fee for the Service is £150 + VAT (20%) payable in advance. For each payment of £150 + VAT (20%) we will provide you with one set of recommendations and arrange an appointment for you if required.
We do not have to provide the Service unless and until you have paid the Fee.
You will pay the Practitioner directly for any appointments and/or treatment. We are not responsible for these charges. These charges will vary depending upon your chosen Practitioner and are additional to the Fee paid to us.
Our Fee is chargeable, whether or not you decide to go ahead with any appointment or treatment with a Practitioner.
5 ACCESS TO THE SERVICE
To access the Service, you will be required to either:
Call us on 0330889279
6 YOUR RIGHTS TO CANCEL
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended) ('CCRs') will apply to these Terms. This gives you the right to cancel these Terms within 14 days from the day you receive these Terms (although you may still be liable to pay fees as set out below). You agree that we may start work on the Service before the end of this 14 day cancellation period and some or all of the Service may be completed within the cancellation period.
If you exercise your right to cancel, you will remain liable to pay for Service to the extent it has already been performed before we receive notice of cancellation. Where time has been spent, but the Service has not been completed we may not be able to give you something that is of use to you.
If you wish to cancel under the CCRs then please cancel by letter or email to us. Your cancellation will take effect when we receive your letter or email. You may use the 'Model cancellation form' in Part B of Schedule 3 of the CCRs available at this link http://www.legislation.gov.uk/uksi/2013/3134/schedule/3/made
In respect of any cancellation notice provided under this clause 6 we will confirm your cancellation in writing to you and make any relevant refund to you.
7 TERMINATION OF THIS AGREEMENT
We may terminate our agreement with you immediately if:
you fail to pay any sum due under these Terms;
you commit any material breach of your obligations under these Terms which is incapable of remedy, or if capable of remedy, is not remedied within 5 Business Days of us giving written notice requiring the breach to be remedied; or
If an Event Outside Our Control continues for more than 4 weeks in accordance with clause 12.5.
8 EFFECT OF CANCELLATION, EXPIRY OR TERMINATION
On expiry, cancellation or termination of these Terms we may immediately cease to provide the Service to you.
9 DATA PROTECTION AND PRIVACY
10 OUR LIABILITY TO YOU
If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into these Terms.
Whilst we do agree to seek to find Practitioners who may be appropriate for you we are not responsible or liable for the service provided by a Practitioner.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
any breach of the terms implied by section 2 of the Supply of Goods and Service Act 1982 (title and quiet possession);
breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Service Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11 COMPLAINTS PROCEDURE
Complaints can be made and received in a variety of ways by phone, email, or letter but where possible complaints should be made in writing so that the details are clear.
If you are unhappy with the our resolution and wish to seek further help here is where you can access Online Dispute Resolution http://ec.europa.eu/consumers/odr/
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. If you do not want to use the Website or other electronic means for communicating, then you may not be able to use certain aspects of the Service. However, for the part of the Service where you are discussing your medical condition you can provide information over the telephone. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contract, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may transfer our rights and obligations under these Terms and conditions to another organisation, but that will not affect your rights or our obligations under this these Terms.
You may not transfer your rights and obligations under these Terms.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control (an 'Event Outside Our Control').
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event outside Our Control takes place that affects the performance of our obligations under these Terms:
We will contact you as soon as reasonably possible to notify you; and
Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside Our Control. Where the Event Outside Our Control affects our performance of the Service, we will restart the Service as soon as reasonably possible after the Event Outside Our Control is over.
We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with our cancellation rights in clause 7.1.
If any court or competent authority decides that any of the provisions of these Terms or any provisions of our agreement is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
(Save for fraudulent misrepresentation) these Terms and any document referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms.
The Terms and any dispute or claim arising out of them will be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales, although we retain the right to bring proceedings against you for breaking these Terms in your country of residence or any other relevant country.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
If we fail to enforce your compliance with these Terms this shall not constitute a waiver of any of our rights under these Terms or otherwise.
13 CONTACTING US
You may contact us:
By Telephone - +44 (0) 330 088 9279
By Post: Medstars Limited, The Oakley, Kidderminster Road, Droitwich, Worcestershire, WR9 9AY, United Kingdom