GHOSH MEDICAL LIMITED
Terms and Conditions for the Provision of Private Medical Services
- THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply private medical services in the United Kingdom.
1.2. Why you should read them. Please read these terms carefully before you book an appointment with us. These terms tell you who we are, how we will provide the private medical services, 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 or require any changes, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Ghosh Medical Limited a company registered in England and Wales. Our company registration number is 07855106 and our registered office is at Rodney Street, Liverpool, Merseyside, England, L1 9ED.
2.2. How to contact us. You can contact us by telephoning our customer service team at 0333 200 3338 or by writing to us at Ghosh Medical Group, Rodney Street, Liverpool L1 9ED
2.3. How we may contact you. 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 appointment booking.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1. How we will accept your appointment. Our acceptance of your appointment will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your appointment. If we are unable to accept your appointment, we will inform you of this and will not charge you for the appointment. This might be because of unexpected limits on our resources which we could not reasonably plan for.
3.3. We only provide private medical services within the UK. Our website is solely for the provision of private medical services within the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3.4. We only provide private medical services to adults or appropriately accompanied children. We are not able to offer appointments to anyone under the age of 16 unless for children aged 12-15 the registration process is completed by their legal guardian, written consent is provided, and a responsible adult attends the appointment. For children aged 11 years old and under the registration process must be completed by their legal guardian, written consent must be provided, and the legal guardian must attend the appointment.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the appointment please contact us as soon as possible and in any event at least 24 hours prior to the appointment. We will let you know if the change is possible. If it is possible we will let you know of any alternative dates and times and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 (Your rights to end the contract)).
- OUR RIGHTS TO MAKE CHANGES
5.1. Minor changes to the private medical services. We may change the private medical services:
5.1.1. to reflect changes in relevant laws and regulatory requirements; and
5.1.2. to implement minor technical adjustments and improvements.
These changes should not affect your use of the services or the anticipated outcomes arising as a result of the services.
5.2. More significant changes to the services. In addition, we may make more substantial changes to the services as described on our website or in our brochures but if we do so we will notify you and you may then contact us to cancel the appointment and receive a refund.
- PROVIDING THE SERVICES
6.1. Appointment. We will provide the private medical services on the scheduled appointment date.
We are not responsible for delays outside our control. If our supply of the services is delayed 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 caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any service that you have paid for but not received.
6.2. If you do not attend your scheduled appointment. If you do not attend our premises to allow us to carry out the private medical services as arranged (and you do not have a good reason for this) we may charge you for the cost of the missed appointment and any other costs incurred by us as a result. If you do not reschedule your appointment we may end the contract and clause 9.2 will apply.
6.3. What will happen if you do not give required information to us. We may need certain information from you so that we can provide the private medical services, for example, details of your medical history, copies of your medical records and details of any allergies that you may have. If so, this will have been stated when you booked your appointment. We will contact you with your appointment confirmation to ask for this information or to request that you provide your consent to the disclosure of the same. If you do not give us this information prior to your appointment, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra services that are required as a result.
- YOUR RIGHTS TO END THE CONTRACT
7.1. You can always end your contract with us. Your rights when you end the contract will depend on the services we are providing, how we are performing and when you decide to end the contract:
7.1.1. If we do not provide the private medical services properly you may have a legal right to end the contract (or to get the services re-performed or to get some or all of your money back) (see clause 10);
7.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3. If you have just changed your mind about receiving the services, (see clause 7.3). You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
7.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 7.2.1 to clause 7.2.4 below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1. we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);
7.2.2. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
7.2.3. you have a legal right to end the contract because we have not provided the services properly.
7.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of the private medical services, once you have attended your appointment and we have provided the services in question, even if the cancellation period is still running.
7.5. How long do I have to change my mind?
You have 14 days after the day we email you to confirm your appointment up to 24 hours in advance of your scheduled appointment. However, once you have attended your appointment you cannot change your mind, even if the period is still running. If you cancel within 24 hours of your scheduled appointment you must pay us for the services we agreed to provide and any other losses we incur as a result of you failing to attend your appointment.
- HOW TO CANCEL AN APPOINTMENT
8.1. Tell us you want to cancel an appointment. To cancel an appointment with us, please let us know by doing one of the following:
8.1.1. Phone or email. Call customer services on 0333 200 3338 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the appointment and, where available, your phone number and email address.
8.1.2. By post. Write to us at Ghosh Medical Group, Rodney Street, Liverpool L1 9ED that address, including details of the appointment and your name and address.
8.2. How we will refund you. Provided you notify us more than 24 hours in advance of the scheduled appointment, we will refund you any amounts you have paid for the services, by the method you used for payment. If you notify us within 24 hours of the scheduled appointment or do not notify us at all, we reserve the right to charge you for the missed appointment and will not refund you any amounts that you have paid.
8.3. When your refund will be made. We will make any refunds due to you as soon as possible and in any event within 14 days of the scheduled appointment.
- OUR RIGHTS TO CANCEL AN APPOINTMENT
9.1. We may cancel a scheduled appointment. We may cancel a scheduled appointment at any time by writing to you if:
9.1.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
9.1.2. 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 of your medical history or any allergies.
9.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 you will be liable to pay for the cost of the scheduled appointment.
9.3. We may withdraw the services. We may write to you to let you know that we are going to stop providing the services in question. We will let you know at least 14 days in advance of our stopping the supply of the services in question and will refund any sums you have paid in advance for services which will not be carried out.
- IF THERE IS A PROBLEM WITH THE SERVICES
10.1. How to tell us about problems. If you have any questions or complaints about the services we provide, please contact us. You can telephone our customer service team at 0333 200 3338 or write to us at email@example.com Alternatively, please speak to one of our staff when you attend your scheduled appointment.
10.2. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services we provide. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
The Consumer Rights Act 2015 provides that you can ask us to repeat a service we have provided if it's not carried out with reasonable care and skill.
- PRICE AND PAYMENT
11.1. Where to find the price for the services. The price of the services we provide (which includes VAT) will vary depending upon the nature of the services to be provided and will be the price indicated when you book your appointment. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the services you ask us to provide.
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 of your appointment, 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. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we offer may be incorrectly priced. We will normally check prices before accepting your order so that, where the services’ correct price at the date that you book your appointment is less than our stated price at date on which you book the appointment, we will charge the lower amount. If the correct price at the date that of your appointment is higher than the price stated to you, we will contact you for your instructions before proceeding to provide the services in question. If we accept your appointment and provide our services where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as mispricing, we may end the contract, refund you any sums you have paid and not perform the services in question.
11.4. When you must pay and how you must pay. We accept payment with cash and most credit cards. Unless we specify otherwise (for example, in respect of any aesthetic services we provide) you must pay for the services in question in full in advance of your scheduled appointment and payment will be taken when you book your appointment. If you do not pay when due or cancel any payment that is made, we will cancel your scheduled appointment and will not be obliged to provide the services in question until payment is made in full.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1. We are responsible to you for foreseeable loss and damage caused by us. 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 use 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.
12.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services we supplied.
12.3. We are not liable for business losses. We only supply our services for private use. If you use our services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4. We are not liable for liable for any indirect or consequential losses. To the extent permitted by law, we, other members of our group of companies and all third parties connected to us hereby expressly exclude:
12.4.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
12.4.2. Any liability for any direct, indirect or consequential (meaning circumstances which were not within our reasonable knowledge when you made the appointment) loss or damage incurred in any circumstances including but not limited to:
18.104.22.168. any issues experienced in relation to making an appointment;
22.214.171.124. non-availability of the services for any reason including but not limited to technology issues;
126.96.36.199. your failure to follow instructions provided to you in relation to requirements in advance of your appointment, such as fasting;
188.8.131.52. your failure to act upon our advice if we recommend that you seek medical advice or attention;
184.108.40.206. your failure to attend your scheduled appointment; or
220.127.116.11. any other loss or damage that is not foreseeable.
12.5. Our total liability to you. Our total liability to you resulting from any scheduled appointment is limited to the total value that you paid to us in respect of such scheduled appointment.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1. How we may use your personal information. We will use your personal information as set out in our https://www.drarunghosh.co.uk/information-for-patients/data-protection-policy/
- OTHER IMPORTANT TERMS
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.
14.2. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not make a payment when due and we do not chase you but we continue to provide the services in question, we can still require you to make the payment at a later date.
14.5. 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 question in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in question in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in question in either the Northern Irish or the English courts.
14.6. 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 alternative dispute resolution provider we use.
- A convenient and effective way for you to access private health care services when you need it.
- We can tailor your treatment to your needs
- A range of finance and payment options available
- We offer a friendly, trustworthy and above-all-else familiar service.