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TERMS AND CONDITIONS
This policy is updated from time to time. The latest version is published on this page. These Terms and Conditions were updated on: 31st May 2017.
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1 TERMS AND CONDITIONS
1.1 These are the terms and conditions (“Terms”) for Harley Street Concierge Ltd, a limited liability company registered in England and Wales (No. 8331310) and having its registered office at Regent House, 316 Beulah Hill, London SE19 3HF, trading as Harley Street Concierge (“we/us/our”) in relation to the provision of our Services to Clients (“you/your”).
1.2 Please ensure that you read these Terms and Conditions carefully. By accepting these Terms and Conditions you agree to be bound by them.
Harley Street Concierge is a medical concierge service provider. Please note that we are not a healthcare provider and do not endorse or warrant the accuracy or suitability of the medical advice of any Consultant that we refer you to.
3.1 When you complete our online registration form, we will send you an email to confirm our acceptance of your order. Our contract with you (“Agreement”) is formed when we send this email and is comprised of:
3.1.1 your online application detailing your chosen services and where you accept these Terms (“Registration Form”);
3.1.2 our email confirmation to you; and
3.1.3 these Terms.
4.1 Definitions used in the Services Confirmation will have the same meaning when used in these Terms.
4.2 When the following words with capital letters are used in these Terms, this is what they will mean:
4.2.1 Consultants: any person or organisation, which you have agreed are to carry out Services for you and we have referred you to, and “Consultant” means any one of them;
4.2.2 Effective Date: the date of our email confirmation to you of our acceptance of your Registration Form.
4.2.3 GP: your GP, as notified to us by you.
4.2.4 Nominated Representative: your nominated representative, as notified to us by you.
4.2.5 Oncologist: your oncologist, notified to us by you.
4.2.6 Services: the services selected in the Registration Form, and Service shall mean any one of the Services;
4.2.7 Services Confirmation: your Registration Form and our email to you confirming our acceptance of this.
5.1 We will assist you in obtaining the Services in accordance with the terms of this Agreement to the extent that the Services are available and where applicable, the Consultant has agreed that the Service is appropriate for you.
5.2 We will provide you with assistance in obtaining the Services in the United Kingdom only.
5.3 The decisions regarding your medical care and treatment, and the Services you require, are based on the independent medical judgement of your physician and Consultant and are carried out at your own risk.
6 SERVICE PROVISION
6.1 The fact that you have requested a Service does not mean that the Service will be provided to you. A Service will only be provided to you if it is recommended by your physician or the Consultant and you have given consent for the Service to be provided.
6.2 This Agreement will commence on the Effective Date (i.e. when we email you to confirm our provision of the Service to you, following completion by you of the Registration Form, in which you detail the Services to be carried out and confirm your acceptance of these Terms). At that time the fee for arranging that Service and for the Service will become due and payable by you.
6.3 We may inform you that we cannot arrange for, or the Consultant or other party cannot provide, all or part of a Service or any further Services. If this happens, we will refund to you any payments made for the Services or part of the Services which will not be provided.
6.4 As a consumer, you have legal rights if the Services have not been carried out with reasonable skill and care, or if the materials used are faulty or not as described. You should consider taking advice from your legal advisor or from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in this Agreement will affect these legal rights.
7.1 At your instruction, we will arrange for consultations with Consultants to provide the Services to you.
7.2 You agree that in relation to the provision of private medical treatment as a Service we are acting as your agent (not as principal) and not as agent of the Consultant providing such Service.
7.3 We shall use reasonable endeavours to:
7.3.1 conduct reasonable research and take reasonable care in the recommendation to you of the Consultant; and
7.3.2 inform and instruct the Consultant as to your personal requirements as understood by us.
7.4 A Consultant’s charges for performing a Service shall at all times be payable by you, unless we agree otherwise. If it is arranged that we pay for a Service provided by a Consultant, it is on the basis that we do so as your agent and that you shall refund any such payment to us immediately if you have not paid in advance.
8 CHANGES TO THE TERMS
8.1 We may revise these Terms from time to time, however such changes will not vary the terms of this Agreement.
9.1 We hope you will be truly satisfied with the Service we arrange, but if any issues should arise please:
9.1.1 contact us and tell us what the issues are with the Service (you can contact our customer service team at 020 7965 0280 or by e-mailing us at email@example.com);
9.1.2 give us a reasonable opportunity to resolve, remedy or otherwise re-arrange the Service to you. If as a result we are required to carry out further work to arrange a greater level or additional Services for you, you will be required to pay the difference.
9.2 Any complaint regarding the performance of Services by any Consultant is to be made directly to the Consultant concerned. Please let us know of any complaint you have, and if possible we will help you.
10.1 You will pay the fees due, as set out in the Services Confirmation, to arrange Services and for the Services to be provided.
10.2 If you fail to pay the amount due or payment has been made and the funds have not been cleared by our bank, then we may delay the Service until such time as full payment in clear funds have been received.
10.3 If you fail to pay our costs for a Service, we will remind you that the payment is due, and we will be entitled to interest from the due date until payment of the overdue sum, whether before or after judgment at the rate of 4% per annum above the Bank of England’s base rate from time to time.
10.4 Our prices change from time to time and will be clearly displayed on our website.
10.5 If you dispute that a payment is due, in good faith, please inform us promptly so that we may investigate it and the payment will be suspended, or such part of the payment which is in dispute, until we resolve the issue to your satisfaction and inform you of the amount properly payable.
11.1 We will not be providing you with any medical service, or clinical service or healthcare and we are not liable for any loss or damage arising from the provision of a Service by a Consultant or other physician, or if you take action relying on the advice or information provided by the Consultant or other physician.
11.2 While we shall use reasonable endeavours to ensure suitable skill and qualification of a Consultant, should the standard of skill of a Consultant fall below the standard which would reasonably be expected we shall not be liable, nor shall we be liable under this Agreement for any loss or damage caused by a Consultant or by you resulting from a breach of any agreement between you and a Consultant.
11.3 We only arrange the Services for domestic and private use. You agree not to use the Services for any commercial, business, or resale purpose.
11.4 We do not exclude or limit in any way our liability for:
11.4.1 death or personal injury caused by our negligence; or
11.4.2 fraud by us; or
11.4.3 any liability which cannot be excluded or limited under applicable law resulting from our work in arranging the Services.
11.5 Subject to clause 10.4 our maximum liability to you for a breach or number of breaches of any of our obligations under this Agreement in relation to arranging a Service shall be limited to the fee which you have paid us for making the arrangements for that Service.
11.6 We will make every effort to arrange the Services according to the timetable that we may have agreed with you. However there may be delays due to events outside our control, and we are not liable for the consequences of such delays provided that we have tried to minimise the delays caused.
11.7 We do not accept any liability for delays to or suspension of Services for reasons outside our control, and we will re-arrange these Services as soon as possible after the event. You will continue to be liable to pay for our costs of the arrangement of those Services unless you terminate this Agreement before we start arranging the provision of the Service.
11.8 We may provide you with information and lists of products, services or suppliers that are relevant to the Services. Any information of this nature provided by us is not a recommendation by us, and it should not be considered to be medical or clinical advice.
11.9 We are not responsible for arranging any licences, passports, visas, insurances or other documents that may be required in relation to your use of the Services unless we explicitly agree in writing that we shall arrange for them beforehand. Additional charges will be made.
12 YOUR RIGHTS TO CANCEL
12.1 You may contact us to cancel a Service, at any time before the Service is due to be provided. We will confirm your cancellation in writing.
12.2 Provided that we have not incurred costs in arranging for the Service to be provided, you will receive a full refund of any fee paid in advance. Where we have incurred costs in arranging the provision of the Service up to the date of cancellation, we will deduct such sums from our refund of any fee paid in advance.
12.3 You may cancel a Service with immediate effect by giving us written notice if:
12.3.1 we breach this Agreement in any material way and we do not remedy the breach within 7 days of you asking us to in writing;
12.3.2 we go into liquidation or a receiver or an administrator is appointed over our assets other than as part of a reorganisation of the company or group of companies to which it belongs or is connected from time to time;
12.3.3 we are affected by any act or event beyond our reasonable control, including, but not only, 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 for a period exceeding 7 days.
Please note that cancellation of the Service under this clause will not cancel any contract with a Consultant or other Service you have agreed to be procured on your behalf and you will remain liable for any costs and expenses due and/or incurred prior to the date of cancellation.
13 CONFIDENTIAL TREATMENT OF INFORMATON
13.1 You authorise us to disclose information disclosed by you, or information disclosed to us with your authority, to:
13.1.1 our personnel for the purpose of arranging the Services and any Consultants from whom opinions and advice are sought;
13.1.2 your Nominated Representative (and you authorise us to discuss your condition with such Nominated Representative); and
13.1.3 your GP and your Oncologist.
13.2 You will provide all information, and any necessary authorisations, that are required in order for us to arrange the Services for you. You will ensure that such information is complete and accurate and you will inform us if any of the information is incorrect.
13.3 If for whatever reason the information you provided is incomplete or incorrect, we may charge additional sums for the reasonable costs incurred in acting on the incomplete or incorrect information and/or obtaining complete or accurate information.
13.4 We acknowledge that the medical information relating to you is confidential. We will keep your information confidential and will not disclose such information to any other person, other than the people specifically nominated by you, except to the extent that such information is required by us to provide the Services, or as otherwise required by law. You further agree that for the performance of the Services, we shall use such methods as we deem appropriate and necessary for the storage and distribution of your information and data to our personnel, Consultants, and others.
13.5 We will use the personal information you provide to us to:
13.5.1 arrange for you the Services;
13.5.2 process your payment for such Services, if you are not paying for the Service direct to another person; and
13.5.3 inform you about similar products or services that we arrange or provide, provided that you have not notified us that you do not wish to receive such information.
13.6 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
13.7 You agree that we may pass your personal information to a Consultant, any medical regulator or other provider of a Service.
14 OTHER IMPORTANT TERMS
14.1 If you wish to contact us in writing or a provision of these Terms requires you to give us a notice in writing (for example, to cancel the Agreement), please do so by e-mail at firstname.lastname@example.org, by hand, or by pre-paid post to Harley Street Concierge Ltd at The Square, Basing View, Basingstoke, RG21 4EB. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address detailed in the Services Confirmation.
14.2 This Agreement is in the English language and if it is read in any other language, the English language version of this Agreement shall prevail if there is a conflict.
14.3 We may transfer our rights and obligations under these Terms to another organisation. We will always notify you in writing if this happens, but this will not affect your rights under these Terms.
14.4 This contract is between you and us. Only the parties to this Agreement shall have any rights to enforce any of its Terms.
14.5 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.
14.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.7 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
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Call us on 0207 965 0280 or complete our secure enquiry form below and we’ll happily take care of you. We won’t sell to you but we’ll let you know if we can help. And if we don’t think we’re the best use of your energy and resources right now, we’ll be honest about that too.