Terms and Conditions
1. THESE TERMS
1.1 These terms and conditions (Terms) apply to all the Services (as defined in clause 1) described on our website or provided in our marketing literature as the context requires. These Terms are split into three parts:
1.1.1. Part A (this part) which explains how the Contract (as defined in clause 1) is formed, who are the parties to the Contract, what forms the Contract and communication details between us which apply to all Contracts;
1.1.2. Part B which covers how we supply the Services how to book the Services, how You will pay for the Services, and how we or You may change or end the Contract, what to do if there is a problem and other important information; and
1.1.3. Part C covers booking the Services over the telephone, this Part C does not apply to online bookings.
Please read these Terms carefully.
1.2 “We” “us” or our” are DATI MEDICAL LIMITED a company registered in England and Wales under company registration number is 13563421 with our registered office is at 1 Pacific Road, Birkenhead, England, CH41 1LJ trading as Vida Clinics. We are registered with the Care Quality Commission (CQC).
1.3 "You" are the customer who accessed our website or contacted us via telephone and has booked or intends to place a booking for the Services (“Your” shall be in reference to You where relevant).
1.4 Communications between You and us.
1.4.1. You can contact us by telephone on 0333 300 2979, by e-mail at firstname.lastname@example.org or using the online form on our website under the Contact Us section: Contact – vidaclinics. You can also contact us via post at our registered address. If You contact us by post, email or online form please include Your name and the time of Your Appointment (as defined in clause 4) to help us identify it.
1.4.2. If we have to contact You, we will do so either by calling You on the telephone number You provide or by writing to You at the email address You provide.
2. OUR CONTRACT WITH YOU
2.1. Our Contract with You consists of these Terms and details provided in the booking for the Services.
2.2. During the booking process, You must confirm Your agreement to these Terms in order for You to complete Your booking.
2.3. Our acceptance of Your booking will take place when You receive from us via email confirmation of Your booking for an appointment with us (Appointment). When You receive booking confirmation, a Contract will come into existence between You and us. A copy of and a link to these Terms and details of Your Appointment will be provided in that email.
2.4. The Appointment will be at the time, date and location as indicated in the booking confirmation email referred to in clause 3, which will also confirm who Your Appointment will be with. However, we reserve the right to change the person who sees You at Your Appointment at any time. Each Appointment will require an initial consultation before proceeding to the Services.
2.5. The Services are available to book for those who are 18 years or older and resident in the
3. BOOKING THE SERVICES
3.1. The Services comprise of:
3.1.1. Private Medical Services (Treatments - VIDA Clinics); and
as further described and advertised on our website or in our marketing literature.
3.2. The Services advertised on our website constitutes an invitation to treat at the prices advertised for You to consider before You book a Service.
3.3. You can choose a Service by clicking ‘Book now’ on our website before choosing the booking availability and location. If You wish to book over the telephone, please refer to Part C for further details on that booking process.
3.5. After You have completed all parts of the booking process You will proceed to the payment process as further detailed in clause 5.
3.6. If You require more than one Service, You are required to make separate bookings for each Service.
4. THE APPOINTMENT
4.1. During the initial consultation and/or assessment, You will be asked further questions regarding Your health. Your answers to those questions will be assessed by the health professional for the purposes of determining whether the relevant Services are suitable for you. You will also be requested to confirm: -Your understanding of the risks and benefits of the Services available to You;
-You consent to proceed with the Services; and
-Your acceptance of any additional terms and conditions that may apply to the Services You have selected. You may be requested to complete and sign additional documents relevant to the provision of the Services and/or provide additional information at the Appointment. We will ensure You have sufficient time to consider any such documents and the health professional will endeavour to answer any queries You may have.
4.2. The health professional may also request to share the details of Your consultation or the assessment with Your registered GP as part of Your medical record.
4.3. If at the Appointment, it is determined that the Service You have booked is not suitable and another Service is more appropriate to which You agree, we will discuss suitable arrangements to provide that Service which may involve a further booking.
4.4. Please note that You cannot transfer Your Appointment as it is personal to you.
4.5. We reserve the right to change the date, time and location of Your Appointment and we will inform You as soon as possible and seek to agree a mutually acceptable date. This re-booking of the Appointment will be at no cost to You.
4.6. Subject to clause 9, if You arrange Your Appointment during the 14-day cancellation period (defined in clause 9) You must confirm with us that You are happy for us to supply the Services during this cancellation period.
5. PRICE AND PAYMENT FOR THE SERVICES
5.1. At this time, we are only accepting private clients who are self-paying.
5.2. We take all reasonable care to ensure that the price advertised for the Services is correct and consistent with the price confirmed to You. However please see clause 3 for what happens if we discover an error in the price You paid for the Appointment.
5.3. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. Where the correct price at Your booking date is less than our stated price at Your booking date, we will charge the lower amount. If the correct price at Your booking date is higher than the price stated to You, we will contact You for Your instructions before we accept Your booking. If we accept and process Your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, we may end the Contract and refund You any sums You have paid.
5.4. We accept payment online by using a Credit or Debit Card, including Visa, Maestro, Mastercard and We also accept Stripe for online bookings. Please see our website for further details.
5.5. You must pay the full price of the Service before we confirm Your booking and provide the Service. Payment confirmation will be sent to You once full payment for the Service is received by us.
6. YOUR RESPONSIBILITIES
6.1. You confirm that:
6.1.1. You are legally capable of entering into binding contracts;
6.1.2. You have full authority, power and capacity to agree to these Terms; and
6.1.3. All the information that You provide to us in connection with Your booking and health is true accurate, complete, current and non-misleading when given and that if there is any change You will notify us promptly and, in any event, no later than at Your Appointment.
6.2. You must pay in full for the Service at the time of Your booking.
6.3. You must meet all Your responsibilities and comply with all Your obligations under this Contract.
6.4. We request that You attend all Appointments on time, If You fail to attend or are late to them the provisions of clause 4 and clause 8.5 will apply.
7. OUR LIABILITY
7.1. We do not exclude or limit in any way our liability to You where it would be unlawful to do so including liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for breach of Your legal rights in relation to the Services.
7.2. We expressly exclude, to the fullest extent permitted by law:
7.2.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
7.2.2. all liability for any losses or damage that are not foreseeable or which were not in Your and our contemplation when we entered into a Contract (known as ‘indirect or consequential loss or damage).
7.3. Subject to the above, in no event shall our total liability to You (for any one event or series of related events) exceed in total 100% of the total amount paid by You for the Service or Services.
7.4. We warrant to You that any Services we may supply to You under these Terms or in connection with Your Appointment will be supplied with reasonable care and skill.
7.5. We are under a legal duty to supply the Services that are in conformity with the Contract. Nothing in these Terms will affect Your legal rights as a consumer.
8. RE-BOOKING AND NON-ATTENDANCE OF THE APPOINTMENT BY YOU
8.1. If You wish to make a change to Your Appointment, please contact us as soon as You make this decision. We will let You know if the change is possible and whether any additional cost or consultation will be required.
8.2. If You inform us at least 24 hours before Your Appointment that You wish to make a change to Your Appointment, there will be no cost for You to re-book the Appointment.
8.3. If You inform us less than 24 hours before Your Appointment that You wish to make a change to Your Appointment, You agree that we will deduct from any refund to You 50% of the price paid for the Services at the time of booking as compensation for the net costs we will incur as a result of You re-scheduling Your allotted Appointment
8.4. If You do not attend Your Appointment (without good reason or notice) You will not be entitled to a refund. You will have to re-book if You still wish to obtain the Services.
8.5. If You will be late to Your Appointment, please let us know as soon as You are aware of this. Your Appointment will proceed if You reach up to 10 minutes late from the original Appointment start time. If You arrive for Your Appointment after 10 minutes from Appointment start time, You may not be allowed to attend Your appointment and no refund will be provided to If there is no same day availability You will have to re-book if You still wish to obtain the Services.
8.6. If You wish to change the Services for Your Appointment, please contact us as soon as You wish to do so and if it is possible, we will let You know about any changes to the price, the Appointment time 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.
9. CANCELLATION OF THE CONTRACT BY YOU
9.1. For the Services bought online, You have a legal right to change Your mind within 14 days of confirmation from us that the Contract has been formed to cancel the Contract and receive a refund. This is known as the cancellation period.
9.2. If You book Your Appointment during this cancellation period, once we have provided the Services You cannot change Your mind and You accept this risk, even if the cancellation period is still running. You have no right to cancel the Contract after we have provided the Services and You cannot receive a refund for the provided Services. By proceeding with the booking, You will be agreeing to this risk.
9.3. To exercise the right to cancel, You may inform us using the details given in the Model Cancellation form in Schedule 1 at the end of these Terms of Your decision to cancel this Contract. or You may provide similar details by a clear written statement. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.
9.4. If You cancel this Contract during the cancellation period, we will refund to You all payments received from You subject to deductions as referred to in clause 2.
9.5. We will confirm with You that You have cancelled Your Contract via email.
10. IF WE MEED TO CHANGE THE SERVICES OR THESE TERMS
10.1. We may make minor changes to the Services and/or these Terms:
10.1.1. to reflect changes in relevant laws and regulatory requirements; and
10.1.2. to implement minor technical adjustments and improvements.
10.2. Where we intend to make significant changes to the Services and these Terms and we do so, we will notify You of them at least 30 days before it comes into effect.
11. TERMINATION BY YOU
11.1. If You wish to end the Contract with us, please let us know by contacting us as indicated in clause 4.
11.2. If You are within the cancellation period and wish to cancel the Contract, please see clause 9.
11.3. If You are ending a Contract for a reason set out at 3.1 to 11.3.2 below, please contact us and the Contract will end immediately and we will refund You for any of the Services which have not been provided (subject to any deductions). The reasons are:
11.3.1. we have told You about an upcoming change to the Service You have booked for Your Appointment or these terms in relation to clause 2, which directly and materially affects Your Appointment, and You do not agree to them;
11.3.2. You have a right to end the Contract because of something we have done wrong where if the wrong is capable of being remedied we have not been able to remedy it after 15 days of You contacting us about it and requesting we do so [or we have not provided the Service again to You at Your request within a commercially reasonable period of time].
11.4. If You wish to end the Contract where we are not at fault and there is no right to change Your mind, You can still end the Contract before it is completed. For avoidance of doubt, a Contract is completed when we have finished providing the Services and You have paid for them.
11.4.1. If You want to end the Contract before the Contract is completed, please contact us to let us know at least 24 hours before Your Appointment at no cost to You. We will provide a refund for the Services that will not be provided to You. We will contact You to confirm that the Contract has ended.
11.4.2. If You want to end the Contract before the Contract is completed by giving us less than 24 hours before Your Appointment, You agree that we will deduct from any refund to You, a percentage of 50% of the price paid for the Services at the time of booking as compensation for the net costs we will incur as a result of Your ending the Contract and loss of business for Your allotted
12.1. We will refund You the price You paid for the Services by the method You used for payment. However, we may make deductions from the price as allowed under this Contract including where part of the Services has been provided to You.
12.2. Subject to clause 1, we will make any refunds (if applicable, minus any deductions) due to You within 14 days of You:
12.2.1. Changing the Appointment pursuant to clause 3;
12.2.2. Requesting a refund in accordance with clause 3;
12.2.3. Giving late notice in accordance with clause 3;
12.2.4. informing us You are cancelling the Contract in accordance with clause 4 and clause 18.3
12.2.5. terminating the Contract in accordance with clause 3 and clause 11.4 respectively;
12.2.6. when we have informed You we will be terminating the Contract in accordance with clause 1;
12.2.7. contacting us in accordance with clause 1; or
12.2.8. are unhappy with a transfer in accordance with clause 1.
13. TERMINATION BY US
13.1. We reserve the right to end this Contract at any time by giving You immediate notice in writing. If You have paid for Services which have not been provided to You and then we end the Contract with You then we will refund you. This does not apply where You have not or do not attend Your Appointment.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We are not responsible for events that are out of our control or unforeseen circumstances If any of our offices are closed or the running of the Services are affected by an event outside our control or an unforeseen circumstance then we will contact You if Your Appointment is directly affected to let You know and we will take reasonable steps to minimise the effect of the event or circumstance which may include virtual consultations instead of in-person and on location where relevant to the Services. Provided we do this, We do not accept liability for the closure or disruption caused by the event or circumstance in question. However, if there is a risk of long term closure or severe disruption to the Services (in excess of sixty (60) days), we will contact You to re-book Your Appointment to mitigate the circumstances and if we do not contact You during this period then You may contact us after this period to end the Contract and receive a refund for Appointments that You have not been provided due to the long term closure or unforeseen circumstance.
14.2. Where there is another wave or variant of SARS-CoV-2 (or Covid-19), we will follow government guidance and some of the Services may be temporarily suspended and we will notify You of this where relevant. Appointments will be re-booked as appropriate.
15.1. If You have any questions or complaints, please see our Complaints policy at Complaints Policy – vidaclinics. You can contact us in accordance with clause 1.4.
16. HOW WE USE YOUR PERSONAL INFORMATION
17. OTHER GENERAL TERMS AND CONDITIONS
17.1. We may transfer this Agreement to someone else or another company. 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 If You are unhappy with the transfer, You may contact us to end the Contract within 14 days of us telling You about it and we will refund You any payments You have made in advance for the Services not provided.
17.2. Nobody else has any rights under these Terms. This Contract is between You and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.3. 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.
17.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
17.5. In this Contract, the singular includes the plural and vice versa.
17.6. These terms are governed by English law. This means any dispute or claim arising out of or in connection with these Terms will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. 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.
18. BOOKING THE SERVICE OVER THE TELEPHONE
18.1. Please review these Terms before You complete Your booking with us over the telephone. All telephone calls will be recorded for legitimate business purposes. Part A and Part B apply in addition to the provisions of this Part C except where the context requires otherwise.
18.2. As part of the booking process over the telephone:
18.2.1. We will ask You to confirm that You are aware of and understand our Terms;
18.2.2. We will ask You for Your contact details including an email address;
18.2.3. You must confirm which advertised Service You wish to book and where You have seen it;
18.2.4. Our staff will give You options as to availability;
18.2.5. We will send You the Initial Health Questionnaire to complete and a copy of these Terms via email. We request you return the completed Initial Health Questionnaire and confirm your consent to these Terms on that same day;
18.2.6. You will then need to contact us within 24 hours to pay for the Service.
18.2.7. The price for the Service will be the current and correct price as advertised on the website and will be confirmed to You over the telephone (there should not be a difference in price for the same Service unless there is an error or it is outdated);
18.2.8. We accept payment over the phone by a Credit or Debit Card, including Visa, Maestro, Mastercard and Amex; and
18.2.9. We will confirm with You whether Your payment is successful and provide You with confirmation details via email confirmation of Your booking. At this point, the Contract for the Service between You and us will be in existence.
18.3. For the Service bought over the telephone, You have a legal right to change Your mind within 14 days to cancel the Contract and receive a refund as per clause 9. You must send written confirmation that You want to cancel even though You bought over the telephone.
(Complete and return this form only if You wish to withdraw from the contract)
To: DATI MEDICAL LIMITED t/a Vida Clinics,
1 Pacific Road, Birkenhead, England, CH41 1LJ
[ telephone number: 0333 300 2979]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] Contract of the following [*]/for the supply of the following service [*],
Booked on [*]/received on [*],
Name of customer(s),
Address of customer(s),
Signature of customer(s)
[*] Delete as appropriate