Levitas Clinic Terms & Conditions for Members and Non-Members

1. Interpretation
i. The following definitions and rules of interpretation apply in these conditions

2. Definitions
i. Business day is a day other than a Saturday, Sunday or a public holiday in England when banks in London are open for business
ii. Company means Levitas Clinic Limited, a company incorporated in England &. Wales under company registration number 09339555 and having its registered office at The Mews, Elmdon House, 116 London Road, GU1 1TN
iii. Contract refers to the relationship between the Company and the Member in respect of the Membership in accordance with the Membership Application Form and these Terms & Conditions
iv. Cancellation date means the date on which the one month notice period required pursuant to clause 14.III ends
v. Fees mean any monies payable by the patient to the Company
vi. Member means a member of the Membership Plan
vii. Membership Application Form means the application form completed by a Member in order to apply for membership of the Clinic
viii. Membership Payments means the annual or monthly fee payable in respect of the Membership Plan
ix. Adult membership plan refers to the plan costing £30 monthly.
x. Child membership plan refers to the plan costing £20 monthly.
xi. Non member refers to patients attending the practice on an ad hoc pay as you go basis
xii. Practice Manager means the employee appointed by the Company to control the day-to-day operation of the Practice
xiii. Terms & Conditions: the terms and conditions set out in this document as amended from time to time. Clause, headings shall not affect the interpretation of these Conditions
xiv. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns
xv. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular
xvi. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
xvii. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time
xviii. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
xix. A reference to writing or written includes fax and shall exclude e-mail.
xx. Any obligation on a party not to do something includes an obligation not to allow that thing to be done

3. Membership
i. It is a condition of Membership that a Member agrees to pay the fees and agrees to be bound by these Terms & Conditions. These Terms & Conditions may be revoked, altered or added to from time to time by the Company, without prior notification to Members. The current version of the Terms & Conditions is available from the Practice upon request at any time or on our website.
ii. The services covered by each Membership are set out in the Membership Fee Schedule. The current version of the Membership Fee Schedule is available from the Practice upon request at any time. Please note this can change at the discretion of The Practice
iii. The Practice reserves the right to refuse an application for Membership from any applicant at its absolute discretion
iv. The Membership Plan must not be abused by any member and abuse of our Practice or staff will result in immediate termination of membership. This policy is at the absolute discretion of the Directors

4. Payments
i. All members will be required to pay an upfront one off joining fee upon registration
ii. The annual or monthly membership fees payable by the Member for the relevant Membership are set out in the Membership Fee Schedule.
iii. The Company may vary the charges set out in the Membership Fee Schedule from time to time at its absolute discretion
iv. All Membership fees must be paid by direct debit and a direct debit mandate must be completed before any Membership can be accepted
v. All Membership Payments shall be made monthly or annually in advance by direct debit, save for the first Membership Payment, which shall be made on the Membership Start Date
vi. The initial payment shall include any balancing payment for part of the month in which the membership has commenced and the following two months.
vii. An administration fee of £20 will be charged to a Member whose monthly direct debit charge is rejected. Additionally, any payments or amounts due which are not made on the date that they become due shall attract interest at the rate of 4% above the base rate of HSBC’s from the date the payment is due until the date that it is received by the Company. Members agree to indemnify the Company against all expenses and legal costs incurred by the Company in recovering overdue amounts
viii. A monthly statement will be sent to Members for treatments received that are not covered by their Membership Plan if there is a balance owing to the Practice. No statement will be sent if there is no balance owing. Treatment not covered by a particular Membership will be charged by direct debit monthly in arrears unless paid for at the time of treatment
ix. A full price list of all aspects of treatment not covered by the Membership Plan is available from any of the Practice Managers upon request at any time.
x. Prescription-writing and repeat prescriptions are free of charge to Members. For the avoidance of doubt, however, the cost of medication prescribed is not covered by the Membership Plan
xi. The Practice has absolute discretion on home visits.  Where possible this is subject to a 3 mile radius restriction

5.  Adult Membership
i. A direct debit form, nominating one bank account, must accompany adult Membership applications. The monthly Membership fee will be debited from this account. Additional treatment costs will also be taken by direct debit unless paid for at the time of treatment

6. Child Membership
i. Child Members can only be accepted if a parent or legal guardian is also a Member. A child is defined as any person aged under 18 years of age. Child Member status will change to adult status when a child reaches 18 years of age at which stage they will be required to become a full Member and complete a Membership Application Form in their own right
ii. Child Membership Fees will be paid via a child Member’s parents or guardians’ direct debit at the same time as the Membership Payment for a child Member’s parents or guardian is taken. Additional treatment costs will also be taken by direct debit unless paid for at the time of treatment
iii. The Parent or Guardian with parental responsibility for the child member or non-member must specify upon registration if there is any interaction with social services concerning the child. The practice must be informed if social services become involved once the child has become a member
iv. The Parent/Guardian registering the child member must specify if the child will be accompanied to appointments by any other person. If child is accompanied to appointment by unknown person no treatment will be received without prior consent from registering Parent/Guardian

7. Cancellation of appointments
i. If an appointment is cancelled within 48 hours the patient will beentitled to a        re-arrangement of the appointmentat the discretion of the Practice Manager.
ii. If an appointment is cancelled with less than 24 hours notice the company reserves the right to charge an appropriatecancellation fee depending on the nature if the appointment being cancelled.

8. Missed appointments
i. Where a Member books and does not attend an appointment, the Member shall be charged £30 in respect of each missed appointment unless a Member has given the Practice at least 24 hours’ notice cancelling or rescheduling the appointment.
ii. Where a Non Member does not attend an appointment, the Non Member will be charged an appropriate cancellation fee depending on the nature of the appointment and may have to pay a re-booking charge

9. Transfer of membership
i. A Member may not transfer his Membership without the prior written consent of the Practice Manager
ii. The Company will try to keep you informed of developments and changes in the Company’s membership schemes, products and services, but if Members do not wish to receive information from the Company the Members should inform the Practice Manager of their communication preferences

10. Liability of the Practice
Nothing in the Contract limits or excludes the Practice’s liability for:
i. Death or personal injury caused by its negligence;
ii. Fraud or fraudulent misrepresentation; or
iii. Any other liability, which cannot be limited or excluded by applicable law.
iv. Save explicitly set out in these Terms & Conditions all warranties, conditions and other terms (whether implied by statue or otherwise) are, to the fullest extent permitted by law, excluded from the Contract
v. Subject to clause 10.I, the Practice shall not be liable to the Member, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
Loss of profits;
Loss of or damage to goodwill;
Any indirect or consequential loss
vi. Subject to clause 10, the Practice’ total liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to an amount equal to the total monies paid by the Customer and received by the Practice in respect of the Membership

vii. The Company does not accept liability for any:
Damage or loss to Members, non Members or their guests’ personal property brought onto Practice premises
viii. This paragraph 10 shall survive the termination or expiry (for whatever reason) of the Member’s Membership

11. Opening Hours
i. Opening hours are fixed by the Company and are subject to change without prior notice, but are currently Monday-Friday, 8:00am to 8:00pm, Saturday 9:00am to 5.00pm and Sunday 9:00am to 1.00pm
ii. The Company may at any time close the Practice premises or any part thereof, without prior notice, in order to execute necessary repairs, alterations, re-decoration, or otherwise
iii. The Practice may be closed on bank holidays

12. Clinical Governance
i. Levitas Clinic complies with the standards set by the Care Quality Commission (CQC) in accordance with the Health and Social Care Act 2008 or any succeeding legislation or amendments. Our doctors are registered with the General Medical Council (GMC)
ii. Levitas Clinic has a duty of confidentiality to all our patients and will not disclose any information to any other party unless we have your explicit consent or authorised to do so by a Legal Body
iii. We also follow General Medical Council guidance on good practice in prescribing by ensuring that other services such as your NHS GP are made aware of key actions or test results taken by the clinic, provided you have given us permission to do so. You have the option to either allow our GPs to share the information they think is important, or require that you give explicit consent
iv. You can request a copy of your consultation notes at the end of every appointment

13. Data Protection
i. It is necessary for the purpose of providing patients with health advice and support for the Company to retain data concerning patients identity, contact details and general health on file. By signing the registration form or risk assessment form, you expressly consent to the Company having authority to keep this data for the duration of your attendance at the practice and afterwards in line with the Data Protection Act 1998 and with any revisions to the act/ further legislation. This also applies if Membership is refused for any reason, from the date you completed this form to assist the Company in providing you with the best possible service
ii. For the avoidance of doubt, by signing the Membership Application Form you are not affecting any of your rights under the Data Protection Act 1998.
iii. The Company’s privacy policy forms part of these Terms & Conditions and shall have effect as if set out in full in these Terms & Conditions. The Company’s Records policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, a copy of the Company’s Records policy is available from the Practice on request,

iiii. Levitas Clinic is in partnership with Marion Gluck for the provision of Bio-identical Hormone Replacement Therapy. Therefore your medical information will be shared with the Marion Gluck Clinic if you receive a bioidentical hormone service

14. Cancellation of Membership
i. A Member may cancel his Membership at anytime within the first 14 days of his Membership Plan starting from his Membership Start Date (“Cooling Off Period”)
ii. Any costs incurred during the Cooling off period will be charged to the members registered account. These costs will be charged in keeping with the Non Membership Fees Schedule
iii. After the Cooling Off Period has passed a Member may only cancel their membership by giving the Practice one month’s written notice
iv. Requests for cancellation must be in writing and addressed to the Registered Manager
v. The notice period of one month will commence from the first day of the month after the month in which notification of cancellation is received. The Registered Manager will confirm receipt of the notification with 10 days of receipt of such notification
vi. If Members do not receive confirmation of cancellation from the Registered Manager of the Practice within 10 days of sending their request for cancellation, they should inform the Registered Manager immediately as it will always remain the Member’s responsibility to ensure that cancellation letters have been received
vii. All fees due from a Member to the Practice must be paid prior to the termination of Membership
 
15. Services not included in the membership
i. Consultations with medical specialists are not included within the Membership Plans except where expressly stated on the Membership Schedule
ii. All vaccines, including children’s vaccines and travel vaccines will be charged according to the Practice’ standard price list, which is available from The Practice on request
iii. All i.Vitamin services are additional to membership and must be paid separately
iv. All services which carry a charge in addition to the monthly membership charge are not included within membership and payment for these services may be taken either on booking or on the day of service
v. These additional services are non-refundable once made
vi. If payment is not made on booking or at the time of the service the practice reserves the right to add the charge on to the monthly Direct Debit fee of the patient for that month

16. Entire agreement
i. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter
ii. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract
iii. Nothing in this clause shall limit or exclude any liability for fraud

17. Severance
i. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract

18. Force Majeure
i. A Party shall not be deemed in default of this Agreement, nor shall it hold the other Party responsible for, any cessation, interruption or delay in the performance of its obligations (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of the Party, provided that the Party relying upon this provision:
Gives prompt written notice thereof,
And takes all steps reasonably necessary to mitigate the effects of the force majeure event
ii. If a force majeure event extends for a period in excess of 30 days in the aggregate, either Party may immediately terminate this Agreement upon written notice

19. Third party rights
i. No one other than a party to the Contract shall have any right to enforce any of its terms

20. Governing law
i. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales

21. Jurisdiction
i. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims)

22. Non Members
i.Non Members must pay for all appointments on bookingand all outstanding payments must besettled at time of treatment. Once made,payments are non-refundable. The practice reserves the right to not refund payment in full once made, take cancellation fee or a re-stocking charge
ii.Non Members must leave their credit card details at reception before appointment as a matter of securityif payment is not made upon booking
iii. Non attendance will entitle the practice to charge for the appointment and any consequential chargesand patient may incur a re-booking fee
iv. Non Members must note that paragraphs 1-2,7-8, 10, 11-13, and 16-21 apply to both members and non members
v. These Terms & Conditions may be revoked, altered or added to from time to time by the Company, without prior notification. The current version of the Terms & Conditions is available from the Practice upon request at any time or on our website.