Nuffield Health Account Terms and Conditions
These terms and conditions govern the use by you of the Nuffield Health Account web portal.
The Nuffield Health Account is an interactive and information web service which is provided and operated by Nuffield Health and which allows you, as a member or guest, to register with Nuffield Health, to access information and to book, amend and cancel various services provided by Nuffield Health, as well as to maintain and update your personal information.
Information about Nuffield Health and Relevant Terms
The Nuffield Health Account is a web portal provided and operated by Nuffield Health, a registered charity with number: 205533 (England & Wales), a charity registered in Scotland number: SC041793 and a company limited by guarantee registered in England number 576970, whose registered office is at Nuffield Health, Epsom Gateway, Ashley Avenue, Epsom, Surrey, KT18 5AL.
In these terms and conditions:
“Appointments”, “Bookings” or “Orders” means the ability to make, book or schedule appointments or bookings for Services through the Nuffield Health Account.
“Nuffield Health Account” means any websites and Services which are accessed via or using the Nuffield Health Account web portal.
“Services” means those services, content systems and information made available by Nuffield Health to you as a member or guest of the Nuffield Health Account and which are subject to the relevant Services Terms.
“Services Terms” means the specific terms and conditions applicable to a particular Service or Services.
“Site” means the Nuffield Health Account web portal at www.nuffieldhealth.com (or such other location as may from time to time specified by us), and all associated software and services which are part of the Nuffield Health Account web portal.
“Terms” means these terms and conditions (or any updated version of them), together with any rules that we may from time to time specify, which govern your use of the Nuffield Health Account.
“we” or “us” or “our” means Nuffield Health.
“you” or “your” or “yourself” means you, the member or permitted user, of the Nuffield Health Account.
Accessing Your Nuffield Health Account
Access by you to your Nuffield Health Account is permitted and licensed by us on and subject to these Terms, and we reserve the right to withdraw or amend access to or the functionality of any of the Site and/or any of the Services and/or to suspend or terminate your account without notice or liability. We will not be liable if for any reason our Site is unavailable at any time or for any period.
You must accept and comply with these Terms in order to access and use your Nuffield Health Account. By accessing and/or using your Nuffield Health Account, you accept and agree to comply with these Terms. If you do not accept and agree to comply with these Terms you must not use your Nuffield Health Account or access or use any of the Services.
We may refuse you access to, or terminate or restrict your access to and use of, your Nuffield Health Account and/or our Services in the event of any non-compliance with or any breach of these Terms by you.
These Terms together with all updates, general terms and conditions of Nuffield Health, disclaimers, rules and policies regarding your use of the Services collectively form the “Agreement” between you and us relating to your access to and use of Nuffield Health Account.
In order to use your Nuffield Health Account, you must obtain access to the world wide web, either directly or through devices that enable access to web-based content, and pay any service and/or telephony fees and charges associated with obtaining and maintaining such access. In addition, you must provide all equipment necessary to make such connection to the world wide web, such as a smartphone, computer and modem or other access device.
From time to time, we may restrict your access to all or part of the Site or to all or part of your Nuffield Health Account.
Nuffield Health Account is licensed, not sold, to you for use only under and in accordance with these Terms. We fully reserve all rights in and to the Nuffield Health Account web portal and the Services, and in all Nuffield Health Account content and materials.
Changes to the Site and/or Nuffield Health Account
We aim to update our Site regularly, and we may change the content and/or functionality of the Site and/or Nuffield Health Account at any time and without notice. You should regularly check the Site and Nuffield Health Account for any changes.
If the need arises, we may suspend your access to the Site and/or to your Nuffield Health Account, or close it permanently or indefinitely. Any of the material and content on our Site and/or Nuffield Health Account may be out of date at any given time, and we are under no obligation to update such material and content.
Member Account, Password and Security
If you choose or are provided with a user identification code, password or any other access information as part of our security procedures to enable you to access and use your Nuffield Health Account, you must treat such user identification code, password or other access information as confidential, and you must not disclose it to anyone else.
You are solely responsible for maintaining the confidentiality of your user identification code, password or other access information, and your Nuffield Health Account, and you are solely and fully responsible for all activities that occur under your user identification code, password or other access information, and your Nuffield Health Account.
You agree to (a) immediately notify Nuffield Health of any actual or attempted unauthorised access to and/or use of your user identification code, password or other access information, or of your Nuffield Health Account and any other breach of security that you are, or become, aware of, and (b) ensure that you log-out from or otherwise properly exit your Nuffield Health Account at the end of each session. We cannot and will not be liable for any loss or damage of any nature arising from your failure to comply with this section of these Terms.
We have the right to disable any user identification code, password or other access information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
In consideration of your use of your Nuffield Health Account, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Nuffield Health Account registration process and (b) maintain and promptly update any registration data and information to keep it true, accurate, current and complete. If you provide any data and/or information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such data and/or information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of and/or access to the Site and/or to your Nuffield Health Account and/or to refuse any and all current or future use by you of your Nuffield Health Account (or any part of it).
Scope of Licence for Access to and Use of your Nuffield Health Account
The Nuffield Health Account web portal currently provides you with the ability to access, maintain and update your personal information and to reference information about Services arranged and/or purchased through your Nuffield Health Account. The Services offering will be supplemented over time and will enable users logged in to their Nuffield Health Account to arrange and purchase Services without re-entering their personal data. Unless explicitly stated otherwise, any new features that augment or enhance Nuffield Health Account, shall be subject to these Terms and any additional terms and conditions that we may specify as being applicable. You acknowledge and agree that Nuffield Health Account is provided "as is" and that we assume no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user communications or personalisation settings.
Limits on Use of Your Nuffield Health Account
You are responsible for making all arrangements necessary for you to have access to the Nuffield Health Account web portal. You are also responsible for ensuring that all persons who access Nuffield Health Account through your internet connection are aware of these Terms, and that they fully comply with them.
Reliance on Information Posted
Commentary and other materials posted on Nuffield Health Account are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you and any visitor to our Site, or by anyone who may be informed of any of its contents.
Nuffield Health Account is dependent upon the accuracy of the data and input that you enter as part of your use of the Nuffield Health Account. The information and Services included in or available through Nuffield Health Account are based upon data and information provided by you and may include inaccuracies or typographical errors. We are not liable or responsible for any use and/or interpretation of and/or any reliance placed on any data and information submitted or inputted by you, and you shall be solely responsible for verifying all information and reports that are used as the basis for the Nuffield Health Account reports.
Appointments, Bookings and Orders for Services made through Your Nuffield Health Account
Contracts for the supply of Services, goods or information booked or ordered from us through your Nuffield Health Account are governed by these Terms. All Appointments, Bookings and Orders for our Services booked through your Nuffield Health Account are made and accepted solely on and subject to these Terms to the exclusion of all other terms and conditions.
You are solely responsible for, and must ensure that the Appointment and/or Booking details on any Order and as entered into your Nuffield Health Account are complete and accurate before you submit the Order. If you think that there is a mistake or if you require any changes to be made, please contact us immediately.
When you submit an Order to us, this does not mean that your Order is accepted by us. Our acceptance of any Order will take place when you receive an acknowledgement and confirmation of acceptance of Order from us. If we are unable to supply you with the Services, goods or information ordered, we will inform you of this by email and we will not process your Order.
Your Order will become binding on you when we issue you with a written acceptance of Order or if we contact you to inform you that we are able to provide you with the Services, goods or information ordered, which we will also confirm in writing to you, at which point a binding contract will come into existence between you and us.
We do not warrant or guarantee that all Services, goods or information listed or advertised through the Site will be available at all times. We reserve the right to withdraw or amend any Services which may be available through Nuffield Health Account.
If any of these Terms conflict with any terms contained in or referenced in any Order, the Order terms will take priority.
We may assign a booking reference to your Order and we will inform you of that reference when we confirm your Order. Please quote any booking reference in all subsequent correspondence with us relating to your Order.
If you do not pay us for the Services when you are supposed to, we may suspend provision of the Services or Appointment or Booking with immediate effect until you have paid us all outstanding amounts in full. This does not affect our right to charge you interest on any outstanding amounts, as set out below.
Changes to an Order
We may revise the terms of an Order from time to time to address the following:
(a) changes in how we accept payments from you;
(b) changes in relevant laws and regulatory requirements;
(c) changes to the Services which are provided.
You may make a change to your Appointment or Booking in accordance with the relevant Services Terms by contacting us within the timescale stated and as required by the relevant Services Terms. 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 us please contact us and tell us 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 your legal rights as a consumer.
Price and Payment
The price of the Services will be set out in our price list in force at the time we confirm your Appointment, Booking or Order. Our prices may be subject to change at any time, but price changes will not affect Orders that we have already accepted and confirmed with you.
These 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 actual date of payment of the overdue amount, before as well as after any 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 Rights To Cancel Or Reschedule Your Appointment or Booking
Your rights to cancel and obtain a refund:
Most Appointments and Bookings are subject to a charge if cancelled at short notice. Please refer to the relevant Services Terms for details of cancellation rights and the minimum notice periods required for cancellation of Appointments and Bookings. Minimum notice periods may vary, and you should refer to your Appointment or Booking confirmation and to the relevant Services Terms for specific details of any charges that may apply on cancellation.
You will be charged the full charge if you fail to attend your Appointment or Booking.
When you make an Appointment or Booking, payment will be taken from your nominated debit or credit card immediately. Any charges due or to be refunded in regard to a late cancellation or non-attendance will be applied to your nominated card.
Subject to the following terms, you have the right to cancel or reschedule your Appointment or Booking and you can do so:
(a) online on the Nuffield Client Portal. If you have not already done so, you will need register to access this service; or
(b) by contacting the booking line in advance of your Appointment or Booking within working hours 08:00 – 18:00 Monday to Friday, excluding bank and public holidays. Please refer to your Appointment or Booking confirmation for the details of the number to contact. You must provide a minimum of 24 hours’ notice to cancel an Appointment or Booking by contacting us as set out above. However longer minimum notice periods may apply under the relevant Services Terms and you should refer to your Appointment or Booking confirmation for specific details on any charges that may apply.
If you cancel an Appointment or Booking by giving us at least the minimum notice required under the relevant Services Terms and you have made any payments in advance, we will refund such payments to you.
If you have booked a course of Appointments or Bookings, once we have begun to provide the Services to you, you may cancel your Appointments or Bookings for the remaining Services provided you have given us the minimum notice required as set out in the relevant Services Terms.
Our Rights To Cancel
We may need to amend or cancel any Appointment or Booking that you make even after this has been confirmed and paid for due to circumstances beyond our control or due to unavailability of our professionals. We cannot accept any liability or responsibility in these circumstances, but we will endeavour to re-arrange your Appointment or Booking to a convenient, alternative time or, where no alternative is possible and you have paid for those Services which are subsequently cancelled, we will reimburse any sums paid by you (see Cancellation provisions in the relevant Services Terms).
If we have to cancel your Appointment or Booking for any reason.
(a) We may have to cancel an Appointment or Booking due to an event outside our control or the unavailability of the relevant Nuffield Health Professional, in which event we will promptly contact you if this happens.
(b) If we have to cancel an Appointment or Booking and you have made any payment in advance, we will refund such payments to you.
(c) Where you have booked a course of Appointments or Bookings, and we have to cancel subsequent Appointments or Bookings, we will refund payments pro rata for those Appointments or Bookings which have been cancelled.
Cancellation or Termination of your Nuffield Health Account
To cancel or terminate your Nuffield Health Account please contact us by telephoning our customer support team on 0300 123 5084 (Monday to Friday 8am - 5pm) or by e-mailing us at firstname.lastname@example.org.
Please note that, if you cancel or terminate your Nuffield Health Account for any reason, you may be unable to Order any Services from, or make any Appointments or Bookings for Services which are only available online through, Nuffield Health Account.
Please also note that where your Nuffield Health Account is terminated or closed for any reason, we are obliged to retain your details for legal reasons.
(a) for the purpose of providing the Services to you;
(b) for the purpose of administering your account in accordance with our standard operating procedures or those of our affiliated companies; and
(c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Services violate the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Nuffield Health, its users and the public.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in Nuffield Health Account, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Nuffield Health provides you with a limited licence to download and access Nuffield Health Account subject to these Terms. You may print off one copy, and may download extracts, of any page(s) from our Site for Your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
You must not modify copies of any materials 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 on our Site must always be acknowledged.
You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
There is currently no subscription fee for Nuffield Health Account. If we subsequently introduce any subscription fee, we will notify you and you will have the ability to cancel your Nuffield Health Account.
Suspension of Service
If any amounts are due or owing by you to us, whether relating to any Services you have ordered or booked through your Nuffield Health Account or under any other agreement or relationship with us, we may, without limiting our other rights and remedies, require that all unpaid amounts due from you to us become immediately due and payable and/or we may suspend the provision of all Services to you until such amounts (including any additional charges and interest) have been paid in full.
The licence granted under these Terms remains valid until terminated by us or by you. Your rights to use Nuffield Health Account will terminate automatically and without notice if you fail to comply with any of these Terms or with our other applicable terms, rules or regulations relating to the use of this Site or to the use of any Services. Upon termination of these Terms, you shall cease all further use of Nuffield Health Account and destroy all copies, information or aspects of Nuffield Health Account which is held by you and you shall cease to access the Site. We reserve the right at any time to discontinue, withdraw, modify or terminate the Nuffield Health Account web portal and associated Services without notice and without liability to you.
Limits of Liability
Nuffield Health Account allows you to book, amend and cancel Services with us, and to maintain and update your personal information and access information. We have used reasonable care and skill in compiling the content and materials but we make no warranty as to the accuracy of any information and do not accept any liability for errors or omissions in any information contained within Nuffield Health Account. This Site should not be accessed by anyone under the age of 16 or outside of the UK mainland.
We are not liable to you or any other person for any loss or damage that may arise from the use of our Site or any of the information contained in any of the materials on this Site. The information contained in any such materials is not intended nor implied to be a substitute for professional medical advice nor is it intended to be for medical diagnosis or treatment, whether by medical practitioners or nursing staff.
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- 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 any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, 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 for 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.
This does not affect our liability for death or personal injury arising from our negligence or that of our personnel, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Subject only to the preceding paragraph of this section, in no event shall our total liability to you for any one event or series of related events exceed the sum of 150% of the total amount paid by you for your membership and/or services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose.
No misuse or export of Nuffield Health Account web portal
You may not copy, modify, transmit, attempt to unlawfully post content or export Nuffield Health Account or any associated content or Services. By using Nuffield Health Account, you represent and warrant that you are located in a territory where you are permitted to access and use the Nuffield Health Account web portal without limitation.
Viruses, Hacking and Other Offences
You must not misuse Nuffield Health Account 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 Nuffield Health Account, the server on which our Site is stored or any server, computer or database connected to our Site or to any of the information which is collected and stored via Nuffield Health Account. You must not attack or permit anyone else to attack the Nuffield Health Account web portal in any way.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We 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 Nuffield Health Account 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 Nuffield Health Account or to your downloading of any material posted on it, or on any website linked to it.
Linking to Nuffield Health Account
You may link to Nuffield Health Account, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to or from any website that is not owned by you.
Nuffield Health Account must not be framed on any other Site, nor may you create a link to any part of Nuffield Health Account other than the home page. We reserve the right to withdraw linking permission without notice.
Links from Our Site
Where Nuffield Health Account contains links to other sites and resources provided by third parties, these links are provided for your information only. You acknowledge that we have no control over the contents of those third party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Applicable Law and Jurisdiction
These Terms are governed by English law. The English courts will have exclusive jurisdiction over any claim arising from, or related to these Terms, the Nuffield Health Account and the Services, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
We may revise these Terms at any time. You are expected to check these Terms from time to time to take notice of any changes made by us, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere by us.
Information About Us And How To Contact Us
If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer support team on 0300 123 5084 (Monday to Friday 8am - 5pm) FREE or by e-mailing us at email@example.com. If you wish to contact us in writing, or if any clause in these Terms require you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post to Customer Services, Nuffield Health, Epsom Gateway, Ashley Avenue, Epsom, Surrey, KT18 5AL. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to as part of Nuffield Health Account.
If you have any concerns about material which appears on the Nuffield Health Account web portal site, please contact firstname.lastname@example.org.
Version reviewed November 2016