TERMS AND CONDITIONS FOR SERVICES
Please read all these terms and conditions.
By booking an appointment with us, purchasing or receiving our services you agree to this legally enforceable agreement. You must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, contact us via email at firstname.lastname@example.org or phone us on 07960669954.
1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you).
2. We are Extra Mile Health Limited a company registered in England and Wales under number 9345014 whose registered office is at 37 Birchfield Drive, Manchester, M28 1ND with email address email@example.com; telephone number (07960669954); (the Supplier or us or we).
3. These are the terms on which we provide all Services to you. By booking an appointment with us, signing our consent to treatment form, attending an appointment with us, or receiving any of our Services, you agree to be bound by these Terms and Conditions.
4. Each of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful and/or unenforceable, the other parts will continue to apply.
5. We reserve the right to revise these Terms at any time. (You are expected to check the website from time to time to take notice of any changes made by Us, as they are binding on You).
6. Consumer means You, the Customer or Consumer; an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
7. Supplier means Extra Mile Health Limited (Us, We, Our); the Supplier of Services.
8. Contract means the legally-binding agreement between you and us for the supply of the Services. The contract is between You and Us. No person or entity other than You and/or Us will have the right to enforce any of these Terms;
9. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
10. Order means the Customer's order for the Services from the Supplier as set out overleaf; this can take the form of requesting, attending or receiving any of our Services.
11. Services means the services, of the number and description set out in the Order.
12. The description of the Services is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only.
13. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
18. The description of the Services in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services.
19. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
20. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the Customer.
21. Any quotation or estimate of Fees (as defined below) is valid from the time of making an Order of our Services until those Services have been provided, unless we expressly withdraw it at an earlier time.
22. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Fees and Payment
24. The fees (Fees) for the Services (if not included in the Fees) and any additional charges is that set out in our price list on our website current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
25. Our fees may change at any time, changes to any fees to Services will not affect Orders once a Contract has been formed.
26. Fees and charges include VAT at the rate applicable at the time of the Order.
27. Payment for Services must be made within 14 days of invoice. You must pay in cash, card or bank transfer following delivery of the Services.
28. You always remain responsible for the payment of Services provided to You. In circumstances where You have private health and/or medical insurance, the following provisions are also applicable:
29. We, Extra Mile Health Limited, will wherever possible, process the insurance claim with Your insurance provider, subject to You providing Us with all of the necessary information in order to allow Us to process such a claim. This includes but is not strictly limited to the following, We reserve the right to request further information from You where necessary:
a. The insurance policy/ membership number;
b. The authorisation code;
c. The number of sessions authorised by the insurance provider.
30. In the event You are unable to provide the above information prior to delivery of Services, the Services will be booked as self-paying and You will be required to cover the Service Fees.
31. In the event Your insurance provider fails to reimburse Us for the Services provided in full within 90 days of an invoice being raised, You will become solely responsible for payment of the Service Fees and/or any shortfall in payment to Us.
32. In circumstances where Your insurance provider rejects an invoice, such as but not limited to instances where an excess is owed or levels of funding have been exceeded, You are liable to pay the full amount of the invoice to Extra Mile Health Limited.
33. Extra Mile Health Limited reserve the right to suspend further Services until monies owed on the insurance accounts are settled.
34. Services will not be provided to Minors under the age of 18 unless consent is provided, in writing, by a parent or guardian.
35. Where a parent or guardian makes a contract with Us on behalf of a minor, they agree to be bound by these terms and conditions, even if the minor is not bound by such terms. In such instances, the term You, refers to the parent or guardian of such individual.
36. We will deliver the Services on the appointment date(s) at the appointment time(s) that are agreed between You and Us or, failing any agreement, within a reasonable time from the day on which the Contract is entered into.
37. With the exception of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
38. Events beyond our control include those that are beyond our reasonable control, such as but not limited to; unexpected closures to facilities, floods, fires, pandemics, epidemics, war, terrorist incidents or threat, severe weather conditions and loss of staff due to injury or illness.
39. In such instances where a situation arises where We are unable to deliver the Services to You, We will contact You as soon as is reasonably possible to arrange an appropriate date and time for delivery of Services. If You and We are unable to agree an appropriate date and time for delivery of Services, You may cancel Your Contract with Us
40. If you, through no fault of ours, fail to take delivery of the Services at the Delivery Location on the appointment date(s) at the appointment time(s) specified, we may charge You for the full costs of Services Ordered.
41. The Contract continues as long as it takes us to perform the Services.
42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
43. Once a contract has been made, any cancellation must be made with at least 48 hours notice, prior to the scheduled date of the Service delivery. We reserve the right to charge You full fees of the Service if cancellation is not confirmed in writing or via telephone at least 48 hours prior to Service delivery
44. We reserve the right to cancel or rearrange your appointment if We are unable to provide the Services. In such instances We will contact You as soon as is reasonably possible to arrange an appropriate date and time for delivery of Services. If You and We are unable to agree an appropriate date and time for delivery of Services, You may cancel Your Contract with Us
45. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
46. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
47. We have a legal duty to supply Services to You in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
48. We will supply the Services with reasonable skill and care.
49. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later)
50. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
52. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
53. We are a Data Controller of the Personal Data we Process in providing the Services to you.
54. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
55. For any enquiries or complaints regarding data privacy, you can e-mail: firstname.lastname@example.org.
Circumstances beyond the control of either party
56. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.
57. Services provided to You are carried out by individual Physiotherapists and/or Health Care Professionals registered with the appropriate regulatory bodies and engaged by Us. Any claim relating to negligence or malpractice should be brought directly against the individual delivering the Service to You and We will have no collective liability or otherwise whatsoever in this respect.
58. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
59. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
60. Disputes are to be submitted solely to the jurisdiction of the courts of England and Wales.
61. We try to avoid any dispute and deal with complaints as follows: If a dispute occurs, customers should contact us as soon as reasonably possible to permit us to seek to find a solution. We will aim to respond with an appropriate solution within 7 days.
62. We aim to follow these codes of conduct, copies of which you can obtain as follows:
a. Chartered Society of Physiotherapy: code of professional values and behaviours available from https://www.csp.org.uk/system/files/csp_code_of_professional_values_behaviour_full.pdf;
b. Health & Care Professions Council: standards of proficiency for Physiotherapists available from https://www.hcpc-uk.org/standards/standards-of-proficiency/physiotherapists/ ;
c. Chartered Society of Physiotherapy: Quality Assurance Standards for Physiotherapy service delivery available from https://www.csp.org.uk/publications/quality-assurance-standards-physiotherapy-service-delivery .