TERMS AND CONDITIONS
1.1. What these terms cover.
These are the terms and conditions on which we supply the Services to you. The terms will form a contract between you and us if you decide to use our Services. “We” are the organisation identified in Clause 2.1 below. “You” are the person identified in Clause 2.2 below.
1.2. You have accessed these terms via our website and by accepting these terms, you are agreeing:
1.2.2. Your cancellation rights: That you waive any rights to cancellation of Services you request from Practitioners other than as set out in these terms.
1.2.3. The limits of our liability: That you understand the way in which we limit our liability to you for the Services as set out in clause 12 of these terms.
1.3. Why you should read them.
1.3.1. Please read these terms carefully before you submit your request for Services to us. These terms tell you who we are, how we will provide 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.
1.3.2. You can access these terms at any time at www.eyanomedical.co.uk. 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 Service and our contract with you will terminate. If you carry on using our Service, you will be deemed to have accepted the updated terms.
For ease of reference the following terms shall having the following meanings in these terms:
1.4.1. “Booking” means a booking made by you with us for the provision of a Consultation;
1.4.2. “Cancellation Fee” means the fee you pay to cancel our Services in accordance with clause 8.2 and as set out in Schedule 1;
1.4.3. "Consultation" means any in-person medical consultation and related Services;
1.4.4. "Practitioner" means a practitioner as defined in clause 7.2.1; 1.4.5. “Premises” means 11A Salisbury Avenue, Barking, IG11 9XQ;
1.4.6. “Service” or “Services” refers to those services provided for at Schedule 1 of these terms;
2.1. Who we are.
We are Eyano Medical & Ancillary Care Services Ltd, a company incorporated and registered in England and Wales. Our company registration number is 12043149 and our registered office is at 11 Salisbury Avenue, Barking, IG11 9XQ. Our main trading address is 11A Salisbury Avenue, Barking, IG11 9XQ. We are registered with the Care Quality Commission with number CRT1-9450931125.
Who you are
2.1.1. You are the person accessing our Services in accordance with these terms and you are at least 16 years old.
2.1.2. You are the patient who will receive Services from us or who will access Services on behalf of someone else who will be the patient.
2.1.3. If you are not a patient in respect of whom the Consultation is required, you can arrange for a Consultation for the patient on the condition that:
188.8.131.52. the patient is under 16 years of age and that you are the patient’s parent or guardian; or
184.108.40.206. the patient has given you their consent to make the Booking and has disclosed to us and to the Practitioner their personal data as necessary to facilitate the Consultation.
2.2. You confirm that you have the right, authority and capacity to enter into these terms. If you do not agree with all the provisions of these terms, do not access our Services.
2.3. How to contact us.
You can contact us by telephone, email or by the web chat on our website. Details of all contact methods can be found on our website;
2.4. How we may contact you.
2.4.1. 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 request for Services.
2.4.2. 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.
2.5. "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails
3.1. How we will accept your request for our Services.
3.1.1. You may make a request for Services via our website. You will be asked for details including:
220.127.116.11. Email, mobile telephone number, name, date of birth, gender, address, payment details, relevant medical history.
18.104.22.168. Certain details that are optional such as the contact details of the regular GP you are registered with. Please note that failure to provide
these details will result in limitations on the Services that you will receive from us (for example, the length of prescription and the
nature of the medication to be prescribed).
3.1.2. If the patient is under the age of 18, the contact details of the regular GP with whom the patient is registered is compulsory.
3.1.3. If the patient is under the age of 16, you must provide us with:
22.214.171.124. one valid photo identification document and two forms of proof of address (e.g. bank statement, official government correspondence,
financial statement or utility bills) for yourself;
126.96.36.199. proof that you are the patient’s parent or guardian; and
188.8.131.52. consent to inform the patient’s regular GP that the patient has accessed our Services.
3.1.4. Upon making a request via our website, you will be asked to confirm that you accept being charged the applicable fees and that you are happy that your credit card (where applicable) will be pre-authorised for such payment.
3.1.5. Our acceptance of your request for Services through our website will take place when you click on the box on our website formally accepting our terms and conditions and when we receive payment from you (whichever is the later) at which point a contract will come into existence between you and us. If we are unable to accept your online request for our Services for any reason, we will inform you of this in writing as soon as possible and will not charge you for any Services.
3.2. Your service number.
We will assign a service number to your request for our Services and tell you what it is when we accept your request for our Services. It will help us if you can tell us the service number whenever you contact us about our Services
4.1. On acceptance of your request for Services you are responsible for:
4.1.1. In relation to a Consultation at your home, ensuring that the premises in respect of which you book the Consultation are suitable, safe and lawful for the purposes of the Consultation. If they are not then, among any other rights or remedies of us or the Practitioner, the Practitioner will be entitled to refuse to provide the Consultation and you will not be refunded the Consultation charge.
4.1.2. In relation to a Consultation by videolink, ensuring that you have appropriate equipment to enable the Consultation to take place. If not then, among any other rights or remedies of us or the Practitioner, the Practitioner will be entitled to refuse to provide the Consultation and you will not be refunded the Consultation charge.
4.1.3. In relation to a Consultation at the Premises, you will attend the Premises on time. If not then, among any other rights or remedies of us or the Practitioner, the Practitioner will be entitled to refuse to provide the Consultation and you will not be refunded the Consultation charge.
4.2. It is your obligation to ensure that the information you provide under Clause 184.108.40.206 is correct.
4.3. You must comply will all laws applicable in the UK or any other location that you access the Service from. If any laws applicable to you restrict or prohibit you from using the Service, you must comply with those legal regulations or, if applicable, stop accessing and/or using the Service.
5.1. If you wish to make a change to the Services, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We will agree any change with you in writing.
Please note that a request to change or cancel the Services may result in a charge to you, as set out at Schedule 2 below.
6.1. We may change the Services, without your consent, to reflect changes in relevant laws, regulatory requirements, the nature of our Services or the needs of our business. We will only make changes if we notify you in advance of the changes.
6.2. Clause 1.3.2 sets out details of how and why we may update these terms.
7.1. Services which we will we provide to you.
Subject to clause 7.6 and clause 9, we will provide you with the Services set out in Schedule 1.
7.2. How we will provide the Services
7.2.1. We will perform the Services with all reasonable skill and care using qualified and registered medical practitioners (“Doctors”) and advanced nurse practitioners (“Nurses”) working to levels of good clinical practice (together referred to as “Practitioners”).
7.2.2. We confirm that the Doctors we use (who may or may not be employees) will be registered with the General Medical Council (the body responsible for setting and enforcing standards), will have an enhanced Disclosure and Barring Service Certificate (a safeguard applicable to people working with children and in healthcare) and will have adequate indemnity insurance.
We confirm that the Nurses we use (who may or may not be employees) will be registered with the Nursing and Midwifery Council (the body responsible for setting and enforcing standards), will have an enhanced Disclosure and Barring Service Certificate (a safeguard applicable to people working with children and in healthcare) and will have adequate indemnity insurance.
7.2.3. We confirm that all Practitioners are qualified to practice in the UK. 7.3. When we will provide the Services.
We will supply the Services to you at such times as agreed with you via our website. 7.4. We are not responsible for delays outside our control.
If our performance of the 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 receive a Consultation caused by the event but if there is a substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
7.5. What will happen if you do not provide required information to us.
As we informed you in the description of the Services on our website and as set out at 3.1.1, we will need certain information from you so that we can provide the Services to you. We will ask for this information when you set up your account with us. If you do not provide the required information, then you will not be able to use our Services.
7.6. Reasons we may suspend the Services.
We may have to suspend the Services available to you in the following circumstances:
7.6.1. to deal with technical problems or make technical changes;
7.6.2. to update the Services to reflect changes in relevant laws and regulatory requirements;
7.6.3. to make changes to the Services as requested by you or notified by us to you (see clause 6).
7.7. Your rights if we suspend the Services in the circumstances set out at clause 7.6 above.
We will contact you in advance to tell you we will be suspending the Services unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend the Services and you cannot make a Booking or receive a Consultation. If you do so we will refund any sums you have paid in advance for Services which we are not able to provide you with due to the suspension.
7.8. We may also suspend the services if you do not pay.
If you do not pay us for the Services when you are supposed to (see clause 11.3) and you still do not make payment within 28 days of us reminding you that payment is due, we may suspend any additional Services you have requested until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid invoice (see clause 11.5). We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 0).
7.9. Circumstances where we will suspend the services immediately and may terminate the contract.
7.9.1. We will suspend the Services immediately if:
220.127.116.11. providing the Services would be contrary to the law or any regulatory requirements;
18.104.22.168. in the reasonable professional opinion of any Practitioner, it is unsuitable for you to receive the relevant Service;
22.214.171.124. you have not provided us with valid consent (where required);
126.96.36.199. you do not co-operate with us in respect of the Services to be provided to you or if you do not comply with these terms including
failing to provide information in accordance with clause 7.5;
188.8.131.52. you request changes to Services which we cannot comply with;
184.108.40.206. you display abusive, violent or threatening behaviour unacceptable to us or any Practitioner; or
220.127.116.11. 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
7.9.2. 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. Our rights in respect of termination of the contract are set out in clause 9 below.
Your right to cancel a Booking.
8.1. Once you have confirmed your Booking in accordance with clause 3.1, subject to clause 8.3 and clause 9 we will not charge you for the Service if you cancel the Booking within the periods set out in Schedule 1.
8.2. If you cancel your Booking for Services after the cancellation period set out at schedule 1 has ended, then you will be charged a Cancellation Fee. We will process your payment and deduct the Cancellation Fee and:
8.2.1. we will reimburse you the balance without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Booking; and
8.2.2. we will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
8.3. If you cancel your Subscription Package, you will be charged for the Services that you have received up to the date of cancellation of your Subscription Package.
9.1. Subject to this section, these terms will remain in full force and effect while you use the Service. Provided you are not in the course of receiving Services from Practitioners (including in respect of a Booking which has been made), you can always end the contract between you and us as set out in these terms in a notification by email at any time.
9.2. We may suspend or terminate your rights to use the Service (including your account) at any time and at our sole discretion.
9.3. Upon termination of your rights under these terms, your right to access your account and use the Service 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.
9.4. 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, the following sections of these terms will remain in effect: 12 and 14.4.
9.5. What happens if you have good reason for ending the contract.
If you are ending the contract for a reason set out at 9.5.1- 9.5.5 below the contract will end immediately and we will refund you in full for any Services which have not been provided. The relevant reasons are:
9.5.1. we have told you about an upcoming change to the Services or these terms which you do not agree to in accordance with clause 5;
9.5.2. we have told you about an error in the price or description of the Services you have requested, and you do not wish to proceed;
9.5.3. the Services are significantly delayed because of events outside our control in accordance with clause 7.4;
9.5.4. we suspend the Services in accordance with clause 7.6; or
9.5.5. you have a legal right to end the contract because of something we have done wrong.
In these circumstances you will be entitled to a full refund in respect of Services you have paid for but not received at the time of termination.
9.6. What happens if you end the contract without a good reason.
Unless you have a right to end the contract immediately, the contract will not end until 30 days after the day on which you contact us. We will refund any advance payment you have made for Services which will not be provided to you but will retain all sums for the Services provided.
9.7. We may end the contract if you break it.
We may end the contract at any time by writing to you if:
9.7.1. you do not make any payment to us when it is due, and you still do not make payment within 28 days of us reminding you that payment is due;
9.7.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, details relating to your medical history (see clause 7.5);
9.7.3. In any of the circumstances set out in clauses 7.9.
9.8. You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 9.7 we will refund any money you have paid in advance for Services we have not provided but we may retain payments made to us to compensate us for reasonable costs we have directly incurred in arranging for Services to be provided to you.
10.1. How to tell us about problems.
If you have any questions or complaints about the Services, please contact us using the details provided at clause 2.3 above.
10.2. Putting a problem right
If you have raised an issue with our Service under clause 10.1 above, we will endeavour to put it right. Depending on the circumstances, we may:
- perform all or a part of the Services again for you;
- offer you a full or partial refund; or
- agree with you some other suitable solution.
11.1. The price of the Services
The price for our Services is set out at Schedule 2. If the price for all or any of our Services is not set out there for any reason and:
11.1.1.you have not paid a price or other consideration for the Services; and
11.1.2.the contract does not expressly fix a price or other consideration, and does not say how it is to be fixed
then we are entitled to charge you a reasonable price for our Services. However, we will always endeavour to provide full pricing information to you as set out above.
11.2. We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we provide the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect
11.3. When you must pay and how you must pay.
Fees will be paid to us in accordance with Schedule 2.
11.4. We can charge interest if you pay late.
If you do not make any payment to us by the due date (see clause 11.3) we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc 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.
11.5. What to do if you think an invoice is wrong.
If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
12.1. If you suffer personal injury or death caused by our negligence, there is no limit on our potential liability to you.
12.2. We also do not seek to limit or exclude our potential liability for anything else which cannot be legally limited or excluded.
12.3. Other than under clause 12.1 and 12.2 our liability to you is limited to 100%of the price you have paid to us for the Services.
12.4. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to us 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 contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.5. Access to, and use of our 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.
You expressly consent to providing us with personal information, including medical information.
13.1. How we will use your personal information.
We will use the personal information you provide to us:
13.1.1.to provide the Services (for this purpose we will disclose your personal information to our clinicians);
13.1.2.to process your payment for such Services; and
13.2. We will only give your personal information to other third parties where the law either requires or allows us to do so.
14.1. We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2. If a court finds part of this contract illegal, the rest will continue in force. 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.
14.3. 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 Services in the English courts.
14.4. 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 Independent Sector Complaints Adjudication Service (ISCAS). You can submit a complaint to them via their website at http://www.iscas.org.uk