Terms and Conditions of Service

Please read these terms and conditions of service carefully. All contracts that we may enter into from time to time for the provision of our services shall be governed by these terms and conditions, and we will ask for your express acceptance of these terms and conditions before providing any services to you.

You must let us know at the time of booking if you suffer from any allergies or medical conditions (for example, a heart condition, high or low blood pressure, or diabetes) or have an injury. Medical conditions and injuries may mean that some treatments are contra-indicated in part or in full. If you have recently undergone an operation or had treatment for cancer within the last 5 years we may need GP approval for types of treatments. If you are pregnant or trying as some treatments may not be suitable.

  1. Definitions

1.1    In these Terms and Conditions:

Charges” means the amounts specified in the Price List in respect of the Services, and such other payments in respect of the Services as may be agreed in writing by the parties from time to time;

Client” means the person who contracts with DML to receive the Services, who may be identified on a Client Form;

Client Confidential Information” means:

(a)    any medical or health-related information about the Client that is disclosed by the Client to DML;

(b)    any photographic images of the Client created by DML; and

(c)    any other information disclosed by the Client to DML (whether disclosed in writing, orally or otherwise) that at the time of disclosure was marked or described as “confidential” or should have been understood by DML (acting reasonably) to be confidential;

Client Form” means a form issued by DML and completed and signed by the Client, which may include health-related questions for the Client;

Contract” means the contract between DML and the Client for the provision of Services to the Client made under these Terms and Conditions;

Effective Date” means the date upon which the Client agrees to pay the Charges and DML agrees to provide the Services to the Client, providing that if the Client makes a booking request for the Services by telephone the Effective Date shall be the date upon which DML sends to the Client a written booking confirmation incorporating these Terms and Conditions;

Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected;

Price List” means DML’s standard price list for the Services as it may be amended and updated from time to time, which is published on DML’s website and available at DML’s premises;

Services” means any services that DML agrees to provide to the Client or does in fact provide to the Client;

Standard Cancellation Period” means, in respect of an appointment or Services, at least 24 hours before the appointment is due to take place (or 48 hours in the case of appointments that are scheduled to last for 2 hours or more);

Term” means the term of the Contract, commencing and ending in accordance with Clause 2.1;

Terms and Conditions” means these terms and conditions of service plus the Client Form(s), including any amendments to these terms and conditions from time to time; and

DML” means Dr Mayoni Limited, a company incorporated in England and Wales (registration number 10332053) having its registered office at Northgate House North Gate, New Basford, Nottingham, Nottinghamshire, United Kingdom, NG7 7BQ.

  1. Term

2.1    The Contract shall come into force upon the Effective Date and shall continue in force indefinitely, subject to termination in accordance with Clause 12.

2.2    Unless the parties expressly agree otherwise in writing, each request for and agreement to provide Services shall constitute a new Contract under these Terms and Conditions.

  1. Services

3.1    DML shall provide the Services to the Client with reasonable skill and care in accordance with these Terms and Conditions.

3.2    The Services shall be performed at the premises of DML during an appointment or appointments, upon the day or days, and at the time or times, agreed by the parties.

3.3    The Client agrees that DML may modify the nature of any agreed Services where DML reasonably believes it is in the best interests of the Client to do so.

3.4    If the Client wishes to cancel or reschedule a Services appointment, then:

(a)    if DML receives notice of this during the Standard Cancellation Period, the Client shall be entitled to: (i) a full refund of the Charges payable in respect of the appointment; or (ii) if the Client so elects, an alternative appointment at a later time and/or day (to be agreed by the parties) without the payment of additional Charges;

(b)    if DML receives notice of this outside the Standard Cancellation Period but more than 1 hour before the appointment is due to take place, the Client shall be entitled to: (i) a refund of 50% of the Charges payable in respect of the appointment; or (ii) if the Client so elects, an alternative appointment at a later time and/or day (to be agreed by the parties) subject to payment of additional Charges at the rate of 50% of the cost of the original appointment; and

(c)    otherwise, the Client shall have no entitlement to any refund or alternative appointment.

3.5    DML may from time to time send appointment reminders, but any failure of DML to do so or the Client to receive a reminder shall not affect the application of Clause 3.4.

3.6    If DML is unable to fulfil a Services appointment by reason of personnel shortage or illness, then providing DML has used reasonable endeavours to engage alternative personnel, DML may by written or oral notice to the Client cancel the Services appointment, in which case:

(a)    DML shall not be in breach of the Contract or otherwise liable to the Client in respect of a failure to supply the relevant Services; and

(b)    the Client shall be released from any liability to pay Charges in respect of the relevant appointment, and shall be entitled to a refund of any Charges previously paid in respect of that appointment.

3.7    This Clause 3 shall be without prejudice to any statutory rights of the Client.

3.8    If the Services include any medical or physical treatment, there may be a risk of an adverse reaction and/or temporary or persistent negative side effects. Providing that DML has supplied the services with reasonable skill and care, and subject always to Clause 10.1, DML will not be liable to the Client in respect of any loss or damage arising out of such an adverse reaction or negative side effect.

  1. Client obligations

4.1    Save as expressly provided in these Terms and Conditions, the Client must attend all Services appointments at the agreed place and time, arriving between 5 and 10 minutes before the scheduled start time. The Client acknowledges that late arrivals may result in reduced-length appointments.

4.2    The Client shall ensure that all information supplied by the Client to DML in connection with the Contract and Services is true, complete, accurate and non-misleading (including information supplied on any Client Form). If any information supplied by the Client to DML changes, the Client must promptly inform DML of the change.

4.3    The Client shall follow any reasonable instructions of DML in relation to the preparation for a Services appointment and behavior following a Services appointment.

4.4    The Client shall provide to DML such assistance and co-operation as is reasonably requested by DML for the purpose of enabling DML to perform its obligations under the Contract.

4.5    The Client must not be accompanied for an appointment by any baby or child under 16 years of age, excluding:

(a)    during any time period that DML designates otherwise;

(b)    children of 13 years or older who are receiving a treatment during a Services appointment.

  1. Charges and payments

5.1    The Client shall pay the Charges to DML in accordance with these Terms and Conditions.

5.2    All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.

5.3    The Client acknowledges that DML shall vary the Price List from time to time, and agrees to consult the Price List before ordering any Services.

5.4    Unless DML agrees otherwise in writing, the Client must pay the Charges to DML before the provision of the corresponding Services.

5.5    DML may withhold the provision of the Services pending payment of the corresponding Charges in cash or cleared funds.

  1. Vouchers

6.1    Vouchers purchased from DML are valid for redemption against Charges for Services for a period of 6 months following purchase. Vouchers may not be redeemed after the end of this period.

6.2    Vouchers may not be used in conjunction with any special offer or discount.

  1. DML’s confidentiality obligations

7.1    DML must:

(a)    keep the Client Confidential Information strictly confidential;

(b)    not disclose or publish the Client Confidential Information to any person without the Client’s prior written consent;

(c)    use the same degree of care to protect the confidentiality of the Client Confidential Information as DML uses to protect DML’s own confidential information of a similar nature, being at least a reasonable degree of care; and

(d)    act in good faith at all times in relation to the Client Confidential Information.

7.2    Notwithstanding Clause 7.1, DML may disclose the Client Confidential Information to DML’s officers, employees, professional advisers, insurers, agents and subcontractors who are bound by a written agreement or professional obligation to protect the confidentiality of the Client Confidential Information.

7.3    This Clause 7 imposes no obligations upon DML with respect to Client Confidential Information that:

(a)    is known to DML before disclosure under these Terms and Conditions and is not subject to any other obligation of confidentiality;

(b)    is or becomes publicly known through no act or default of DML; or

(c)    the Client has agreed that DML may publish.

7.4    The restrictions in this Clause 7 do not apply to the extent that any Client Confidential Information is required to be disclosed by any law or regulation or by any judicial or governmental order or request.

7.5    The provisions of this Clause 7 shall continue in force indefinitely following the termination of the Contract.

  1. Distance and off-premises contracts

8.1    This Clause 8 applies only if:

(a)    the Client enters into the Contract with DML as a consumer – that is, as an individual acting wholly or mainly outside the Client’s trade, business, craft or profession;

(b)    the Contract is a distance contract or off-premises contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and

(c)    the Contract is not a contract for Services related to leisure activities that provides for a specific date or period of performance.

8.2    The Client acknowledges that the contracts for Services will usually fall outside Clause 8.1(b) and/or Clause 8.1(c) and accordingly the Client will usually have no right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

8.3    If this Clause 8 applies, the Client may withdraw an offer to enter into the Contract with DML at any time; and the Client may cancel the Contract entered into with DML at any time within the period:

(a)    beginning when that contract was entered into; and

(b)    ending at the end of 14 days after the day on which that contract was entered into,

subject to Clause 8.4. The Client does not have to give any reason for the withdrawal or cancellation.

8.4    The Client agrees that DML may begin the provision of the Services before the expiry of the period referred to in Clause 8.3, and the Client acknowledges that, if DML does begin the provision of services before the end of that period, then:

(a)    if the services are fully performed, the Client will lose the right to cancel referred to in Clause 8.3; and

(b)    if the services are partially performed at the time of cancellation, the Client must pay to DML an amount proportional to the services supplied or DML may deduct such amount from any refund due to the Client in accordance with this Clause 8.

8.5    In order to withdraw an offer to enter into the Contract or cancel the Contract on the basis described in this Clause 8, the Client must inform DML of the Client’s decision to withdraw or cancel (as the case may be). The Client may inform DML by means of any clear statement setting out the decision. In the case of cancellation, the Client may inform DML using the cancellation form that DML will make available to the Client. To meet the cancellation deadline, it is sufficient for the Client to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.6    If the Client withdraws an offer to enter into the Contract, or cancels the Contract, on the basis described in this Clause 8, the Client will receive a full refund of any amount the Client paid to DML in respect of that contract, except as specified in this Clause 8.

8.7    DML will refund money using the same method used to make the payment, unless the Client has expressly agreed otherwise. In any case, the Client will not incur any fees as a result of the refund.

8.8    DML will process the refund due to the Client as a result of a cancellation on the basis described in this Clause 8 without undue delay and, in any case, within the period of 14 days after the day on which DML is informed of the cancellation.

  1. Limited warranties

9.1    All of the parties’ warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions.

9.2    Subject to Clause 10.1, no other warranties or representations will be implied into that contract and no other warranties or representations relating to the subject matter of that contract will be implied into any other contract.

  1. Limitations and exclusions of liability

10.1  Nothing in these Terms and Conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.

10.2  The limitations and exclusions of liability set out in this Clause 10 and elsewhere in these Terms and Conditions:

(a)    are subject to Clause 10.1; and

(b)    govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

10.3  DML will not be liable to the Client in respect of any losses arising out of a Force Majeure Event.

10.4  DML will not be liable to the Client in respect of any loss of revenue or income.

10.5  DML will not be liable to the Client in respect of any loss or damage arising out of the Client’s failure to comply with Clause 4.

10.6  DML will not be liable to the Client in respect of any special, indirect or consequential loss or damage.

10.7  The liability of DML to the Client under the Contract in respect of any event or series of related events shall not exceed the greater of:

(a)    GBP 2,500; and

(b)    the total amount paid and payable by the Client to DML under the Contract in the 12 month period preceding the commencement of the event or events.

10.8  The aggregate liability of DML to the Client under the Contract shall not exceed GBP 10,000.

  1. Force Majeure Event

11.1  If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Contract (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

  1. Termination

12.1  In the case of any Contract for ongoing Services of an indefinite duration, either party may terminate the Contract by giving to the other party not less than 7 days’ written notice of termination.

12.2  Either party may terminate the Contract immediately by giving written notice of termination to the other party if:

(a)    the other party commits any material breach of the Contract, and the breach is not remediable; or

(b)    the other party commits a material breach of the Contract, and the breach is remediable but the other party fails to remedy the breach within the period of 7 days following the giving of a written notice to the other party requiring the breach to be remedied.

12.3  The Contract shall automatically terminate if the Client dies or, as a result of illness or incapacity, the Client becomes incapable of managing his or her own affairs.

12.4  DML may terminate the Contract immediately by giving written notice to the Client if the Client fails to pay any amount due under the Contract by the due date.

  1. Effects of termination

13.1  Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.8, 7, 10, 13 and 15.

13.2  Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.

  1. Subcontracting

14.1  DML may subcontract any of its obligations under the Contract.

14.2  DML shall remain responsible to the Client for the performance of any subcontracted obligations.

  1. General

15.1  The Contract may not be varied except by a written document signed by or on behalf of each of the parties.

15.2  The Client hereby agrees that DML may assign DML’s contractual rights and obligations under the Contract to any successor to all or a substantial part of the business of DML from time to time, providing that, if the Client is a consumer, such action does not serve to reduce the guarantees benefiting the Client under the Contract. The Client must not without the prior written consent of DML assign, transfer or otherwise deal with any of the Client’s contractual rights or obligations under the Contract.

15.3  The Terms and Conditions shall constitute the entire agreement between the parties in relation to the subject matter of the Contract, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

15.4  The Contract shall be governed by and construed in accordance with English law.

15.5  The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.

 

Last updated 22/02/2017 Ver.1.0.1