TERMS OF SALE FOR BOOKING ONLINE APPOINTMENTS AND PRESCRIPTIONS
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSES 3, 5.7, 6, 9.3 AND 10.
- These Terms of Sale (the “Terms”) together with the Annex at the end of these Terms (the “Annex”) and any and all other documents referred to in these Terms set out the terms and conditions on which online appointment bookings and prescriptions are sold by us to you through this website, https://cambridgewomenshealth.co.uk/ (the “Site”).
- Terms and information that are specific to accessing paid-for consultations using the online secure clinical telehealth platform, Semble (https://www.semble.io/) are set out in the Annex below for ease of reference but they will have the same effect as if set out in these Terms of Sale.
- Please read these Terms of Sale and the Annex below carefully and ensure that You understand them before booking appointments. If You have any query about anything in these Terms or the Annex, please contact us to discuss. When booking an appointment, you will be required to read, accept, and agree to comply with and be bound by these Terms. If you do not, you will not be able to book an appointment.
- All of the information that we give to you will be part of the terms of our contract with you whether it is information that we:
- are required by law to give to you before you book an appointment; or
- voluntarily give to you and you rely on it either when deciding to book an appointment.
We give you some of that information before you book an appointment and some it is set out in these Terms and the Annex.
- Information about us and our services
- Our Site is owned and operated by Cambridge Women’s Health Limited, a limited company registered in England and Wales under company number 13874747 whose registered address is at First Floor Victory House, Vision Park, Chivers Way, Histon, Cambridge, United Kingdom, CB24 9ZR, and whose trading address is at 36 Holbrook Road, Cambridge, CB1 7ST (“we/us/our”). We are an online specialist menopause clinic.
- We are regulated by The General Medical Counsel and the Care Quality Commission. Our CQC provider ID is 1-13445518639. Dr Susanna Unsworth, Director, is also registered on the British Menopause Society register of Menopause Specialists.
- We provide private video consultations by appointment and offer the types of appointment for the types of problems/situations listed on this page of our Site: https://cambridgewomenshealth.co.uk/clinic/.
- We make all reasonable efforts to ensure that all descriptions of appointments and services available from us correspond to the actual services that you will receive. Our services are not designed to be a full health check. Where we consider it necessary or helpful, we will at the appropriate time recommend you to contact other professionals with a view to providing you with help supplementary to, or which suits your needs better than, our services.
- Contacting us
- If You wish to contact us with general questions or concerns, to cancel an appointment, or to make a complaint, you may email us at firstname.lastname@example.org, or by post at 36 Holbrook Road, Cambridge, England, CB1 7ST or by filling in our online information form which is located at https://cambridgewomenshealth.co.uk/contact-us/.
- Patient restrictions and information/tests required prior to and during appointments
- Only patients of at least 18 years of age who are resident in the United Kingdom may book appointments with us. Any prescriptions issued are only valid for use at UK pharmacies.
- Prior to your first appointment, you will be required to upload identification documentation. If you fail to do this, prescriptions cannot be issued by us.
- During your first appointment, you will be required to provide blood pressure, height and weight readings. This information must also be provided at any 3-month and yearly review to allow any treatment to be provided.
- If booking a testosterone appointment, you will need to already be settled on HRT and will also need to provide a blood test of serum testosterone level at the appointment and prior to prescribing or commencing any treatment. We direct patients to a separate company (Medichecks) to have blood tests if needed and patients are entirely responsible for any fees charged for those tests.
- Orders – how contracts are formed
- Our Site will guide you through the process of booking an appointment. (Please also see the Annex below as to attending an appointment online.) During the process of booking an appointment, you will be prompted to provide us with certain identity data, contact details and information regarding the reason for your visit. Please ensure that you have checked your details and order carefully before submitting them.
- You must tell us of any special physical, medical, mental health, psychological, emotional, or other requirement, problem or condition of which you are aware which might be relevant to you attending any appointment. Once the booking is complete, we will send you a link to a medical information questionnaire which you must complete before we are able to conduct your appointment, advise on relevant treatment and/or issue prescriptions.
- You agree to provide us with accurate and current information at all times, and to keep such information up-to-date. If, during the order process, you provide us with incorrect or incomplete information (including any incorrect or incomplete information about you or the reason for your visit) please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order and treat the contract as being at an end. We will not be responsible for any delays that result from you providing incorrect or incomplete information.
- No part of our Site constitutes a contractual offer capable of acceptance. Your order to book an appointment constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you a booking confirmation by email. Only once we have sent you a booking confirmation will there be a legally binding contract between us and you for the provision of that appointment and any associated services agreed.
- Booking confirmations shall contain the following information:
- Confirmation of the appointment including full details of the main characteristics of the services provided as part of it; and
- The appointment time and date.
- In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days, using the same payment method that you used when booking the appointment.
- Fees and payment
- The fee payable by you for the booked appointment will be the rate displayed on the relevant web page at the time you make the booking (such fee being determined by the type of appointment you choose).
- We make all reasonable efforts to ensure that all prices shown on our Site are correct at the time of going online. We may from time to time change our prices. Subject to Clause 5.3, changes in price will not affect any appointment that you have already made but will apply to any subsequent renewal (e.g. prescription renewal) or new booking. If the price of an appointment changes between your order being placed and us processing that order and taking payment, you will be charged the price shown on our Site at the time of placing your order.
- All prices on our Site include VAT, if VAT is charged (however, medical services are VAT-exempt). If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
- Payment for appointments must always be made in advance in full. Your chosen payment method will be charged when we process your order and send you a booking confirmation.
- You will be asked to enter your debit or credit card details during the booking process. Payment is generally made via Stripe, with the exception of extra work such as referral letters, in relation to which we will send an invoice with our bank details for bank transfer payment (or we can send a payment link if preferred).
- If we are unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount. We can end our contract with you and claim any compensation due to us if you do not make any payment to us when due. You acknowledge that our services may not be provided, or appointments ended or cancelled if your billing information is inaccurate, invalid, without funds or any pre-authorisation generates a negative response.
- For the avoidance of doubt, our charges only include the appointment and associated report, as well as the writing of a prescription and two follow-up emails after the appointment. Additional charges will be incurred for any other work or services, including for any prescriptions issued outside of an appointment, and for any medication prescribed by us in relation to which separate fees will be charged directly by the pharmacy (usually Pharmacierge) for that medication. Additional charges will also apply for additional referral letters if required.
- We do not accept payment by insurers on your behalf unless expressly agreed in writing at our sole discretion.
- Attending appointments, sending prescriptions, and sharing reports
- Appointments are made available by us by means of two-way synchronous livestream audio and/or video technology provided by Semble. Not all appointments are necessarily attended by Dr. Susanna Unsworth and we may in our discretion decide which other medical professional to assign to an appointment with you. Where you book more than one appointment, we may assign different medical professionals to different appointments, but will endeavour to minimise the changes as far as possible from one session to the next. In any event, the medical professional who we assign to any appointment will be appropriately qualified and/or experienced at the appropriate level for that appointment and will be competent to conduct that session.
- You must be ready to attend your appointment at the time and date when it is scheduled to start. You must not record any appointment. Appointments will be provided for the period that we agree with you when you book your appointment. You acknowledge that you will not be entitled to any refund as a result of you choosing not to use the full length of your appointment time.
- We will use all reasonable endeavours to start an appointment at the time it is scheduled to start, but the start may be delayed either by overrun of a previous appointment or by other circumstances. Any such delay will not normally exceed 15 minutes but if the start is delayed by more than that period or if we have to cancel an appointment then we will offer you, at your choice, a full refund or to book you in for a rescheduled appointment instead. If you do not attend a booked appointment or are more than 10 minutes late or, if you are unable to attend, we may cancel that appointment and you will not be entitled to any refund.
- We may cancel any appointment booked if we do not receive full payment on time from you.
- Any refunds under this Clause 6 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs, using the same payment method that you used when booking the appointment.
- Each prescription is for a 3-month supply of HRT. Additional charge will be incurred to write repeat prescriptions (which will again be a 3-month prescription). Repeat prescriptions can only be provided after a 3-month follow up and require yearly follow ups. However, you acknowledge that there is no guarantee that you will be provided with a prescription for any medication and that the issuing of any prescription is at the sole discretion of the health professional who attends your appointment.
- Prescriptions are generally sent electronically but we can post them if you specifically request this (via second-class post at no additional charge unless otherwise agreed). You acknowledge and agree that prescriptions are solely for your personal use and that all instructions on the label of the medication must be strictly followed.
- All patients are advised to share the report we create with their GP (or we can share reports if you wish and where you provide us with your GP details). You acknowledge that not sharing reports is entirely at your own risk and may impact your doctor’s ability to treat you.
- Intellectual property
- To the extent that we provide you with or you have access to any content, information, images, audio, video and other materials (“Content”) as part of our services, we will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence for you to access, participate in and use the relevant Content for your personal, non-commercial purposes. The licence granted does not give you any rights in our Content (including any material that we may licence from third parties).
- In relation to the licence granted under Clause 7.1, you may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
- Problems with our services
- We undertake to provide our services as described and using reasonable care and skill. If our services do not comply, please contact us as soon as reasonably possible to inform us of the problem.
- Nothing in these Terms operates to reduce your rights as a consumer. For details information, please visit the Citizens Advice website www.citizensadvice.org.uk.
- Cancelling an appointment and your other rights to end the contract
- Consumers, by default, have a legal right to a “cooling-off” period within which they can cancel a contract for any reason, including if they have changed their mind, and receive a refund. The period begins once we have sent you your booking confirmation (i.e. when the contract between you and us is formed) and ends 14 calendar days after this date, but you lose the right to cancel any service when it’s been completed (and you must pay for any services provided up the time you cancel).
- If the appointment you have booked falls within the cooling-off period you must make an express request for provision of the appointment within the 14-calendar day cooling-off period. By making such a request you acknowledge and agree that, if you cancel the contract after provision of the services has begun you will be required to pay for the services supplied up until the point at which you inform us of your wish to cancel, and the amount due will be calculated in proportion to the full price of the services and the actual already provided. Any sums that have already been paid for the services will be refunded subject to deductions calculated on this basis.
- After the cooling-off period, you may cancel a booking at any time, subject the following cancellation charges:
- Cancellations accepted at least 14 days before the booked appointment date will incur a £10 cancellation fee
- Cancellations less than 14 days but more than 48 hours before the booked appointment are entitled to a 50% refund
- Cancellations with less than 48 hours’ notice or non-attenders are not entitled to any refund, and you acknowledge that we are authorised to deduct such amounts from the debit/credit card you used to make the booking.
4. If we cancel a booked appointment, or if there is a risk that the start of the appointment will be significantly delayed, or if we are in breach of the contract, you may end the contract for your booked appointment. In these circumstances, we will issue you with a full refund.
5. If you wish to exercise your right to cancel under this Clause 9, you may inform us of your cancellation in any way you wish, however for your convenience we offer a cancellation form on our Site and will include a link to it with the booking confirmation. Cancellation by email or by post is effective from the date on which you send us your message. If you would prefer to contact us directly to cancel please use the contact details in Clause 2.1, providing us with your name, address, email address and telephone number.
6. Refunds under this Clause 9 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when making your booking.
- Our liability to you
- Our appointments are intended for non-commercial use only. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity. We will not be responsible for any loss or damage that is not foreseeable (meaning if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created), or that is caused by any inaccurate or misleading information provided by you.
- Satisfactory progress in relation to any particular problem, condition, issue or other circumstance (or resolution of it) cannot be guaranteed, and we make no warranty or representation that any particular progress or result will be brought about as a result of our providing or you taking part in our appointments or the services we provide. We are not a full healthcare services provider and are not a substitute for your primary care provider. If you require more generalist advice (separate from menopause-related care) or if you think your health problem constitutes a medical emergency you should contact your GP, dial 999 or contact your nearest emergency services centre.
- Subject to the remainder of these Terms, we do not warrant or represent that your use of our Site or services will be uninterrupted or error-free, or that the information obtained by through any appointment will meet your requirements. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that appointments may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- We have obtained insurance cover in respect of our legal liability for individual medical malpractice insurance claims not exceeding £3,000,000 (three million pounds sterling) per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange. Subject to Clauses 10.5 and 10.6, our total liability for losses arising out of or in connection with any purchase made by you shall be limited to the price paid by you for the service relating to the claim and shall in no event exceed £3,000,000 for any one event or series of connected events.
- Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for services which are not as described, do not match information that we provided, or not of satisfactory quality.
- Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
- We will not be responsible or liable if you are unable to access any appointment due to any failure or delay in performing our obligations under the contract resulting from any cause beyond our reasonable control (including but not limited to a cause of that type specifically referred to in the Annex). If any of our services are delayed or prevented due to something beyond our reasonable control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure. If there is a risk of substantial delay you may contact us to cancel your appointment and receive a refund for any services you have paid for but not received.
- How we use your personal information (data protection)
- Other important terms
- We may transfer (assign) our obligations and rights under these Terms of Sale (and under any contract formed under them, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights will not be affected and our obligations will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms without our express written permission.
- Any contract for a booked appointment made under these Terms is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court or other authority finds that any part(s) of these Terms are unlawful, the remaining parts will remain in full force and effect.
- If we fail to take steps or delay in taking steps to enforce any of our rights against you under these Terms, that will not prevent us doing so at a later date, for example our right to require you to make any payment which has become payable.
- We may revise these Terms from time to time, including in response to changes in relevant laws and other regulatory requirements. If we change these Terms as they relate to any booking you have made, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
- Law and jurisdiction
- These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 13.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- As a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- Use of the Semble clinical telehealth web-conferencing platform to access booked appointments online
We offer all booked appointments online.
We use technology which allows us to provide the appointments provided that you have the appropriate technology (see below). For this purpose, we use the Semble cloud-based clinical telehealth web conferencing technology (“Semble”).
Where we are to make our services available for you by means of Semble, it will be on the following basis.
- The technology that we will be responsible for providing
We will subscribe to Semble and will pay any necessary fees to them to maintain that subscription. This will enable us to act as “host” and to provide appointments to you over the internet via the Semble facility.
To receive or participate in any of the sessions via Semble, you will need to join an online session you have booked. You will not need to pay any fee or charge to use the Semble facility or join that session: you will only need to pay for the appointment you have booked.
We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Semble App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable you to use Semble.
- The technology and other items that you will be responsible for providing
It will be your sole responsibility to ensure that you have access to, and familiarity with all necessary technology so that you can receive and participate in booked appointments via Semble.
You will need to ensure that you have access to and use the following non-exhaustive list of facilities for this purpose:
- An appropriate functioning Device which is adequately charged;
- Stable, reliable, internet access with adequate speed;
- A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other person to distract you or the medical professional hosting the appointment;
- Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose of the session, external microphone and/or speakers as reasonably necessary; and
- Any other materials that we advise that you will need when you make a booking.
- Scope of what we make available to access
We do not, and cannot, assist you to obtain, set up, maintain, or operate any technology. If you need any assistance or advice about technology, you should seek it from an appropriate third party. We do not, and cannot, give you any advice about what technology is needed or how to use it.
We do not claim to have any expertise or skill in relation to any technology that you need or use for the purpose of attending booked appointments. However, we may, if you request it, either before or during any session, and without charge, offer suggestions in good faith to resolve any problem with that technology that you report, but it will not be in the nature of advice to you. To the fullest extent permitted by law, we do not therefore take on any responsibility or accept any liability to you if any such suggestion does not help you to resolve any problem or if by following any such suggestion you experience any other problem, loss or damage to any technology or other thing.
We will not be responsible or liable to you if you are unable to access any booked appointment due to any failure or delay in performing our obligations resulting from any cause beyond our reasonable control. In any such case, you will remain liable to pay for the appointment. Such causes beyond our reasonable control may include (but are not limited to):
- Where you are unable to resolve any technology problem; or
- Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that you use or rely on; or
- Failure of or defect in the Semble platform used by us or you to attend booked appointments.
- Your privacy and security on each occasion when appointments are attended
All two-way synchronous live stream audio and/or video appointments that you attend will be accessible as an individual private session to you only, and not accessible to any other patient/s.
The following will apply to any two-way synchronous live stream audio and/or video appointment provided to you:
- There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
- You understand and are aware that there is a risk that the medical professional may see and hear (via the video and/or audio facilities of the Semble platform and your Device) not only you but also your space and its surroundings and other people in or near that space and its surroundings when you are participating in the session;
- The space that you use should be free of others;
- It should be difficult to see or hear via the Semble platform and your Device any interactions between people who are in or near that space and its surroundings. For example, you might decide to use a private room and/or wear headphones;
- In any event, it will be your responsibility to ensure that you have a suitable space to use in order to protect your privacy and that of others in or near that space.
We will not be liable to you for any loss or damage arising from your failure to accept or adhere to the above.
Model cancellation form
(Complete and return this form only if you wish to withdraw from the contract with us)
To Cambridge Women’s Health Limited, 36 Holbrook Road, Cambridge, England, CB1 7ST, email@example.com:
I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale for the supply of the following service [*],
Ordered on [*]
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] DELETE AS APPROPRIATE