Mental Health Support Services Terms and Conditions
These Terms and Conditions apply to the following mental health services provided by Nuffield Health:
- Mental Health Support - Telephone Assessment with a clinician which must be booked and paid for via https://www.nuffieldhealth.com/mental-health-support Following that Telephone Assessment, the booking of any treatment will be done by one of our Bookings team through our call centre on 03331 234 105
- Mental Health Courses/Workshops – these will be delivered on-line/remotely and must be booked and paid for via https://www.nuffieldhealth.com/mental-health-support
We are Nuffield Health, a company limited by guarantee incorporated in England & Wales (Company Number 576970), a registered charity in England & Wales (Number 205533) and a registered charity in Scotland (Number SC041793), whose registered office is at Epsom Gateway, Ashley Avenue, Epsom, Surrey, KT18 5AL.
Our website https://www.nuffieldhealth.com (‘Website’) is provided and operated by Nuffield Health.
References to “Appointment, Bookings or Orders” means the ability to book or schedule appointments via the Website.
References to “We” or “Us” or “Our” shall be references to Nuffield Health.
References to “You”, “Your”, “User (s)” or “the End User” shall be references to you, the customer or permitted user of the Website.
References to “Terms”, “Agreement” and “End User License Agreement” or “EULA” mean the terms and conditions herein and any other terms that govern Your use of the Website.
References to “Website”, or “site”, means the Website and all sub-domains of the Website (unless expressly excluded by their own terms and conditions), associated software and services which are a part of the Website.
References to “Services” means those mental health services, content, materials, systems and information made available to You and users of the Website.
Access and Use
Access to and the use of the Website is permitted and licensed subject to the terms set out in this EULA, and we reserve the right to withdraw or amend access to or the functionality of the Website and/or suspend or terminate your use without notice or liability.
We will not be liable if for any reason our Website is unavailable at any time or for any period.
By accessing the Website you agree to be bound by these Terms. If You do not agree to these Terms You must not use this Website or access or use any of the Services. You must accept and comply with these Terms. Nuffield Health may refuse access, terminate or restrict Your access and use of the Website in the event of non-compliance with any part of this EULA. This EULA together with all updates, general terms and conditions of Nuffield Health, disclaimers, rules and policies regarding Your use of Nuffield Health services, collectively form the Agreement between You and Nuffield Health relating to Your use of the Website.
In order to use this Website, You must obtain access via the internet/World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the internet/World Wide Web. We are not responsible in any way for such access and equipment.
From time to time, Nuffield Health may restrict access to all or part of the Website.
The Website is licenced, not sold, to You for use only under the terms of this EULA. Nuffield Health reserves all rights in and to the Website, the Services and all Website content and materials which are not expressly granted to You.
The Website Changes Regularly
We aim to update our Website regularly and may add or change the content at any time without notice. If the need arises, we may suspend access to all or any part of the Website or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
Scope of Licence for Use of this Website
The Website provides users with access to a collection of online resources, including booking Nuffield Health services. Unless explicitly stated otherwise, any new feature that augments or enhances the Website shall be subject to this EULA and any additional terms and condition that may be applicable. You acknowledge and agree the Website is provided on an "as is" basis and that Nuffield Health assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalisation settings.
Limits on Use of the Website
You are responsible for making all arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all permitted persons (if any) who are authorised to access the Website through Your internet connection are aware of these Terms, and that they comply with them.
Reliance on Information Posted
Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. Nuffield Health disclaims all liability and responsibility arising from any reliance placed on such materials by You or any visitor to the Website, or by anyone who may be informed of any of its contents.
Orders for Services, Bookings and Appointments via the Website
Contracts for the supply of services, goods, digital content or information obtained from Nuffield Health through the Website are governed by the terms set out in this EULA. These are the terms on which We will accept bookings and appointments for the Nuffield Health services which can be booked via the Website. You are responsible and must ensure that the booking details on any order (‘Order’) and as entered onto the Website are complete and accurate before You submit the Order. If You think that there is a mistake or changes are required, please contact Us immediately.
When You submit an Order to Us, this does not mean that Your Order is accepted. Our acceptance of any Order will take place when You receive an acknowledgement and confirmation from Nuffield Health. If We are unable to supply You with the Services, We will inform You of this by email and We will not process the Order.
Your Booking will become binding on You when We issue you with a written acceptance of an Order or We contact You to advise You that We are able to provide You with the Services, which We will also confirm in writing to You, at which point a contract will come into existence between You and Nuffield Health.
Nuffield Health does not warrant or guarantee that all Services listed or advertised may be available at all times. Nuffield Health reserves the right to withdraw or amend any services which may be available via the Website. We may need to amend or cancel Your Appointment even after this has been confirmed and paid for due to circumstances beyond Our control or due to unavailability of Nuffield Heath professionals. Nuffield Health will not be held liable in these circumstances, but We will endeavour to rebook your appointment to a convenient alternative time or, where no alternative is possible, if you have paid for those Services which are subsequently cancelled, Nuffield Health will repay any sums due (see Cancellation terms).
If any of the terms set out in this EULA conflict with any term of the Order, the Order will take priority. We will assign an Order number to the Order and inform You of it when We confirm Your Order. Please quote the Order number in all subsequent correspondence with Us relating to the Order.
If you do not pay Us for the Services when you are supposed to as set out in the Booking information, We may suspend provision of Your access to the Website and/or the Services and/or Appointment with immediate effect until You have paid Us all outstanding amounts. This does not affect Our right to charge You interest on any outstanding amounts, as set out below.
Changes To an Order Or Terms
We may revise the terms of an Order from time to time in the following circumstances:
- changes in how We accept payment from You;
- changes in relevant laws and regulatory requirements;
- changes to the Services which are provided.
You may make a change to your Booking at any time up to a maximum of 24 Hours before your Appointment date by contacting Us. Where this means a change in the total price of the Services, We will notify You of the amended price.
If There Is a Problem with the Services
In the unlikely event that there is any problem with the Services provided through Nuffield Health please notify Us with details as soon as reasonably possible.
As a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect those legal rights.
Price and Payment
The price of the Services will be set out in Our price list in force at the time We confirm Your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with You.
Our prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance 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.
If You do not make any payment due to Us by the due date for payment, We may charge You interest on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. Such 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. However, if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received an invoice that You dispute it, the right to claim interest will not apply for the period of the dispute.
Your and Our Rights to Cancel Or Reschedule Your Appointment And Applicable Refund
Unless otherwise specified in Your Booking confirmation, the rules below on cancellation and applicable charges apply to Your Booking.
Mental Health Support - talk to a therapist telephone Appointment
If You cancel Your Appointment by giving Us 24 hours’ or more notice prior to the date of Your Appointment, You will be refunded Your payment in full.
If You cancel by giving Us less than 24 hours’ notice, no refund will be made.
To re-arrange Your appointment where you have provided us with 24 hours’ or more notice, please call Us on 0333 123 4106 and We will re-arrange Your Appointment for an alternative date without charge.
We may be able to re-arrange Your Appointment with less than 24 hours’ notice, in this event please call 0333 123 4106 and We will endeavour to help. However, please be aware that if it is not possible to re-arrange due to Your availability then no refund will be made.
We are unable to re-arrange an appointment with less than 4 hours’ notice.
We may on a rare occasion have to cancel a Booking - in this event We will refund any money paid for that Booking in full.
Mental Health Courses/Workshops
If You cancel Your course/workshop by giving Us 14 days’ or more notice of Your course/workshop start date, You will be refunded Your payment in full.
If You cancel on giving Us less than 14 days’ notice, no refund will be made.Please be aware that course/workshop time periods are calculated from the start time and date of a course/workshop, not the end date of the course/workshop. We may on a rare occasion have to cancel a course/workshop - in this event We will refund any money paid for that Booking in full.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013)
If You are a consumer then 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 below.As a consumer, how long you have to change your mind depends on what you have ordered and how it is delivered.
- If you have bought Mental Health Services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed provision of those Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for those Services provided up until the time you tell us that you have changed your mind.
- If you have bought digital content for download or streaming, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. You have no right to cancel this Agreement once the automatic downloading of it starts - if we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. For subscription services, if you are a consumer, you may be able to get a refund if you are within the 14-day cooling-off period, but this may be subject to deductions if you have downloaded any content during this period.
Our Rights To Cancel And Applicable Refund
We may have to cancel Your Appointment due to an event outside Our control or the unavailability of the relevant Nuffield Health professional. We will promptly contact You if this happens.
If We have to cancel an Appointment and You have made any payment to Us in advance, We will refund those payments to You.Where You have booked a course of Appointments, or series of courses/workshops and We have to cancel subsequent Appointments or courses/workshops, We will refund payments on a pro-rata basis for those Appointments or course/workshops which have been cancelled.
Intellectual Property Rights
We own the Website, and We are the owner or the licensee of all intellectual property rights in and to the Website, and in the material and content published on it. All such materials and content are protected by copyright laws and treaties around the world. All such rights are reserved to Us in full.
Nuffield Health provides You with a limited licence to download and access the Website and the materials and content on it on and subject to the terms of this EULA. You may print off one copy, and may download extracts, of any page(s) from our Website for Your personal reference.
You must not modify copies of any materials or content You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material or content on Our Website must always be acknowledged.
The materials and content are available for Your personal use only. You must not use any part of the materials or content on Our Website for commercial purposes without obtaining a licence to do so from Us or our licensors, as applicable.If You print off, copy or download any part of our Website, including (but not limited to) any materials or content in breach of this EULA, Your right to use this Website will cease immediately and You must, at Our option, return or destroy any copies or downloads of the materials and/or content You have made.
ChargesThere is no subscription fee for use of the Website. Our Mental Health Services are subject to the specific payment terms and conditions which are part of the ordering and payment process.
Suspension of Service and AccelerationIf any amounts are due or owing by You to Nuffield Health relating to any Services which You have Ordered through the Website, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and We may suspend the provision of all Nuffield Health Services to You until such amounts are paid in full.
The licence granted under this Agreement remains valid until terminated by Nuffield Health or by You. Your rights to use the Website will terminate automatically and without notice if You fail to comply with any of the Terms or with other applicable terms, rules or regulations of Nuffield Health relating to the use of the Website or to the use of any Nuffield Health Services.On termination of this Agreement however occurring, You shall cease all further use of the Website and destroy all copies, information, materials, content, downloads or other aspects of the Website which are held by You, and You must cease to access the Website. Nuffield Health reserves the right at any time to discontinue, withdraw, modify or terminate the Website and associated Services without notice and without liability to You.
Limits Of Liability
This Website allows you to book certain Mental Health Services with Nuffield Health. We have used reasonable care and skill in compiling the content and materials The material and content displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. but make no warranty as to the accuracy of any information and do not accept any liability for errors or omissions contained in the information, content or materials on or available or downloadable through the Website.We do not exclude or limit in any way our liability for:
- death or personal injury arising from Our negligence or that of Our employees;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited under applicable law.
- ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
- Any liability for any direct, indirect or consequential loss or damage incurred by You or any permitted user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, are hereby excluded.
No Misuse or Export of the WebsiteYou may not copy, modify, transmit, attempt to unlawfully post content or export the Website or any associated material, content or Services. By using the Website, You represent and warrant that You are located in a territory where You are permitted to access and use the Website without limitation.
Viruses, Hacking and Other Offences
You must not whether deliberately or negligently misuse the Website by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or to any of the information which is collected and stored via the Website. You must not attack, or permit to be attacked, the Website in any way. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990.
Nuffield Health will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.Nuffield Health will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, devices, programs, data or other proprietary material due to Your use of the Website or to Your downloading of any content or material posted on it, or on any website linked to it.
Linking to this WebsiteYou may not link to the Website without our express written permission.
Links from Our SiteWhere the Website contains links to other websites and resources provided by third parties, those links are provided for Your information only. Nuffield Health has no control over the content of those third-party websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from Your use of them, which you do entirely at your own risk.
Jurisdiction and Applicable Law
This EULA and the Agreement are governed by the law of England & Wales.The courts of England & Wales have exclusive jurisdiction over any claim arising from, or related to this Website and the Services, although We retain the right to bring proceedings against You for breach of these conditions in Your country of residence or any other relevant country. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English & Welsh courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English & Welsh courts.