Terms & Conditions

1. Interpretation

i. The following definitions and rules of interpretation apply in these conditions.

2. Definitions

i. Business day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

ii. Company means Levitas Clinic Guildford Limited, a company incorporated in England & Wales under company registration number 09339555 having its registered office at The Mews, Elmdon House, 116 London Road, GU1 1TN.

iii. Contract refers to the relationship between the Company and the Member in respect of the Membership in accordance with the Membership Application Form and these Terms & Conditions.

iv. Cancellation date means the date on which the one month notice period required pursuant to clause 14.III ends.

v. Fees mean any monies payable by the patient to the Company.

vi. Member means a member of a Membership Plan.

vii. Membership Application Form means the application form completed by the Member in order to apply for membership of the Clinic.

viii. Membership Payments means the annual or monthly fee payable in respect of a Membership Plan.

ix. Adult membership plan refers to the plan costing £30 monthly.

x. Child membership plan refers to the plan costing £20 monthly.

xi. Non member refers to patients attending the practice on an ad hoc pay as you go basis.

xii. Practice Manager means the employee appointed by the Company to control the day-to-day operation of the Practice.

xiii. Terms & Conditions: the terms and conditions set out in this document as amended from time to time. The Clause headings shall not affect the interpretation of these Conditions.

xiv. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.

xv. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

xvi. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

xvii. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

xviii. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

xix. A reference to writing or written shall exclude e-mail.

xx. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

3. Membership

i. As a condition of Membership the Member agrees to pay the fees and agrees to be bound by these Terms & Conditions. These Terms & Conditions may be revoked, altered or added to from time to time by the Company, without prior notification to Members. The current version of the Terms & Conditions is available at the Practice upon request at any time or on our website.

ii. The services covered by each Membership are set out in the Membership Fee Schedule. The current version of the Membership Fee Schedule is available at the Practice upon request at any time. Please note this is subject to change at the discretion of the Practice.

iii. The Practice reserves the right to refuse an application for Membership from any applicant at its absolute discretion.

iv. The Membership Plan must not be abused by any member — abuse of the Practice or its staff will result in immediate termination of membership. This policy is at the absolute discretion of the Directors.

4. Payments

i. All members will be required to pay an upfront one off joining fee upon registration.

ii. The annual or monthly membership fees payable by the Member for the relevant Membership are set out in the Membership Fee Schedule.

iii. The Company may vary the charges set out in the Membership Fee Schedule from time to time at its absolute discretion.

iv. All Membership fees are paid by direct debit — a direct debit mandate must be completed before any Membership can be accepted.

v. All Membership Payments made monthly or annually in advance by direct debit, save for the first Membership Payment, shall be made on the Membership Start Date.

vi. The initial payment shall include any balancing payment for part of the month in which membership commenced and the following two months.

vii. An administration fee of £20 will be charged to a Member whose monthly direct debit charge is rejected. Additionally, any payments or amounts due that are not made on the date they become due shall attract interest at a rate of 4% above the base rate of HSBC from the date payment was due until the date it is received by the Company. Members agree to indemnify the Company for all expenses and legal costs incurred by the Company in recovering overdue amounts.

viii. A monthly statement is sent to Members for treatments received that are not covered by the Membership Plan if there is a balance owing to the Practice. No statement will be sent if there is no balance owing. Treatment not covered by the particular Membership is charged by direct debit monthly in arrears unless paid for at the time of treatment.

ix. A full price list for all aspects of treatment not covered by the Membership Plan is available from any of the Practice Managers upon request at any time.

x. Prescription-writing and repeat prescriptions are free of charge for Members. For the avoidance of doubt, however, the cost of medication prescribed is not covered by the Membership Plan.

xi. The Practice has absolute discretion on home visits. Where possible these are subject to a 3 mile radius restriction.

5. Adult Membership

i. A direct debit form, nominating one bank account, must accompany adult Membership applications. The monthly Membership fee will be debited from this account. Additional treatment costs will also be taken by direct debit unless paid for at the time of treatment.

6. Child Membership

i. Child Members can only be accepted if a parent or legal guardian is also a Member. A child is defined as any person aged under 18 years of age. A Child Member's status will change to adult status when the child reaches 18 years of age, at which stage they will be required to become a full Member and complete a Membership Application Form in their own right.

ii. Child Membership Fees will be paid via the child Member's parents or guardians' direct debit at the same time as the Membership Payment for the child Member's parents or guardian is taken. Additional treatment costs will also be taken by direct debit unless paid for at the time of treatment.

iii. A Parent or Guardian with parental responsibility for a child member or non-member must specify upon registration if there is any interaction with social services concerning the child. The practice must be informed if social services become involved once a child has become a member.

iv. A Parent/Guardian registering a child member must specify if the child will be accompanied to appointments by any other person. If a child is accompanied to an appointment by an unknown person, no treatment will be received without prior consent from the registering Parent/Guardian.

7. Cancellation of appointments

i. If an appointment is cancelled within 48 hours the patient will be entitled to a re-arrangement of the appointment at the discretion of the Practice Manager.

ii. If an appointment is cancelled with less than 24 hours notice the company reserves the right to charge an appropriate cancellation fee depending on the nature of the appointment cancelled.

8. Missed appointments

i. Where a Member books but does not attend an appointment, the Member shall be charged £30 in respect of each missed appointment unless the Member has given the Practice at least 24 hours' notice cancelling or rescheduling the appointment.

ii. Where a Non Member does not attend an appointment, the Non Member will be charged an appropriate cancellation fee depending on the nature of the appointment and may have to pay a re-booking charge.

9. Transfer of membership

i. A Member may not transfer their Membership without the prior written consent of the Practice Manager.

ii. The Company will try to keep you informed of developments and changes in the Company's membership schemes, products and services, but if Members do not wish to receive information from the Company, Members should inform the Practice Manager of their communication preferences.

10. Liability of the Practice

Nothing in the Contract limits or excludes the Practice's liability for:

i. Death or personal injury caused by its negligence;

ii. Fraud or fraudulent misrepresentation; or

iii. Any other liability which cannot be limited or excluded by applicable law.

iv. Save as explicitly set out in these Terms & Conditions, all warranties, conditions and other terms (whether implied by statute or otherwise) are, to the fullest extent permitted by law, excluded from the Contract.

v. Subject to clause 10.I, the Practice shall not be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: Loss of profits; Loss or damage to goodwill; Any indirect or consequential loss.

vi. Subject to clause 10, the Practice's total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to an amount equal to the total monies paid by the Customer and received by the Practice in respect of the Membership.

vii. The Company does not accept liability for any: damage or loss to Members, non Members or guests' personal property brought onto Practice premises.

viii. This paragraph 10 shall survive the termination or expiry (for whatever reason) of a Member's Membership.

11. Opening Hours

i. Opening hours are fixed by the Company and subject to change without prior notice, but currently Monday-Friday, 8:00am to 8:00pm, Saturday 9:00am to 5.00pm and Sunday 9:00am to 1.00pm.

ii. The Company may at any time close the Practice premises or part thereof, without prior notice, in order to execute necessary repairs, alterations, re-decoration, or otherwise.

iii. The Practice may be closed on bank holidays.

12. Clinical Governance

i. Levitas Clinic complies with the standards set by the Care Quality Commission (CQC) in accordance with the Health and Social Care Act 2008 and succeeding legislation and amendments. Our doctors are registered with the General Medical Council (GMC).

ii. Levitas Clinic has a duty of confidentiality to all our patients and will not disclose any information to any other party unless we have explicit consent or are authorised to do so by a Legal Body.

iii. We also follow General Medical Council guidance on good practice in prescribing by ensuring other services such as your NHS GP are made aware of key actions or test results taken by the clinic, provided you have given us permission to do so. You have the option to either allow our GPs to share information they think is important, or to require that you give explicit consent.

iv. You can request a copy of your consultation notes at the end of every appointment.

13. Data Protection

i. It is necessary for the purpose of providing patients health advice and support for the Company to retain data concerning patients' identity, contact details and general health on file. By signing the registration form and risk assessment form, you expressly consent to the Company having authority to keep this data for the duration of your attendance at the practice and afterwards in line with the Data Protection Act 1998 and any revisions to the act/further legislation. This also applies if Membership is refused for any reason, from the date you completed this form, to assist the Company in providing you with the best possible service.

ii. For the avoidance of doubt, by signing the Membership Application Form you are not affecting any of your rights under the Data Protection Act 1998.

iii. The Company's privacy policy forms part of these Terms & Conditions and shall have effect as if set out in full in these Terms & Conditions. The Company's Records policy sets out the terms on which the Company will process any personal data it collects from you, or that you provide to it; a copy of the Company's Records policy is available at the Practice on request.

iiii. Levitas Clinic is in partnership with Marion Gluck for the provision of Bio-identical Hormone Replacement Therapy. Therefore medical information will be shared with the Marion Gluck Clinic if you receive a bioidentical hormone service.

14. Cancellation of Membership

i. A Member may cancel their Membership at any time within the first 14 days of a Membership Plan starting from the Membership Start Date ("Cooling Off Period").

ii. Any costs incurred during the Cooling off period will be charged to the members registered account. These costs will be charged in keeping with the Non Membership Fees Schedule.

iii. After the Cooling Off Period has passed a Member may only cancel their membership by giving the Practice one month's written notice.

iv. Requests for cancellation must be in writing and addressed to the Registered Manager.

v. The notice period of one month will commence on the first day of the month after the month in which the notification of cancellation is received. The Registered Manager will confirm receipt of the notification within 10 days of receipt of the notification.

vi. If Members do not receive confirmation of cancellation from the Registered Manager of the Practice within 10 days of sending their request for cancellation, they should inform the Registered Manager immediately, as it will always remain the Member's responsibility to ensure cancellation letters have been received.

vii. All fees due from the Member to the Practice must be paid prior to termination of Membership.

15. Services not included in membership

i. Consultations with medical specialists are not included within Membership Plans except where expressly stated on the Membership Schedule.

ii. All vaccines, including children's vaccines and travel vaccines, will be charged according to the Practice's standard price list, available at the Practice on request.

iii. All i.Vitamin services in addition to membership must be paid for separately.

iv. All services carry a charge in addition to the monthly membership charge and are not included within the membership payment; these services may be paid for either on booking or on the day of the service.

v. Additional services are non-refundable once payment has been made.

vi. If payment is not made on booking or at the time of the service, the practice reserves the right to add the charge on to the monthly Direct Debit fee for that patient for that month.

16. Entire agreement

i. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

ii. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.

iii. Nothing in this clause shall limit or exclude any liability for fraud.

17. Severance

i. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

18. Force Majeure

i. A Party shall not be deemed in default of the Agreement, nor shall it hold the other Party responsible for, any cessation, interruption or delay in the performance of its obligations (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of that Party, provided that the Party relying upon this provision: gives prompt written notice thereof, and takes all steps reasonably necessary to mitigate the effects of the force majeure event.

ii. If a force majeure event extends for a period in excess of 30 days in aggregate, either Party may immediately terminate the Agreement upon written notice.

19. Third party rights

i. No one other than a party to the Contract shall have the right to enforce any of its terms.

20. Governing law

i. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

21. Jurisdiction

i. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

22. Non Members

i. Non Members must pay for all appointments on booking and all outstanding payments must be settled at the time of treatment. Once made, payments are non-refundable; the practice reserves the right not to refund payment in full once made, and to take a cancellation fee or re-stocking charge.

ii. Non Members must leave credit card details at reception before an appointment as a matter of security if payment is not made upon booking.

iii. Non attendance will entitle the practice to charge for the appointment and consequential charges and the patient may incur a re-booking fee.

iv. Non Members must note that paragraphs 1-2, 7-8, 10, 11-13, 16-21 apply to both members and non members.

v. These Terms & Conditions may be revoked, altered or added to from time to time by the Company, without prior notification. The current version of the Terms & Conditions is available from the Practice upon request at any time or on the website.