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Terms and conditions

  1. Introduction

    1. These are the terms and conditions (“Conditions”) on which we supply to you (This includes using any telephone, video conferencing or webchat technology (“Services”):
      1. In-person and remote private lymphoedema services
      2. Gait and biomechanical services
      3. Manual lymphatic drainage (MLD) services
    2. Please read the Conditions carefully before you submit the Booking Form and make payment. The Conditions tell you who we are, how we will provide the Services to you, 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, please contact us to discuss.
    3. We are Accelerate Health CIC (“Accelerate”, “we”, “our”, “us”) a company registered in England and Wales. Our company registration number is 07733466 and our registered office is at Centenary Wing St Joseph’s Hospice, Mare Street, London, England, E8 4SA. Our VAT registration number is: 123 758 118.
    4. You can contact us by telephoning 020 3819 6022 or by writing to us at hello@acceleratecic.com or Accelerate CIC, Centenary Wing, St Joseph’s Hospice, Mare Street, London, England E8 4SA.
    5. If we need to get in touch with you, we will do so by telephone or by writing to you at the email or postal address you provided to us.
    6. When we use the words “writing” or “written”, we include email communication.
    7. The Conditions set out the full details and constitute the entirety of your agreement with Accelerate for the Services. Upon payment to Accelerate for the Services or the commencement of the supply of the Services (whichever happens sooner) you will be deemed to have accepted the Conditions. If you do not agree to them, you should not use the Services.
    8. We may change the Conditions at any time without providing you with prior or express notice of any such change. You should check the Conditions from time to time for any changes. By continuing to use the Services you agree to any changes made to the Conditions.
  2. The Services

    1. The Services are provided as-is, as described on the Accelerate web pages, marketing communications or as detailed to you whether by phone, email or other communication. We may change the Services at any time without giving you prior or express notice of any change.
    2. The Services are only available to individuals located in the UK aged 18 years or over.
    3. You agree not to breach the Contract, any Codes of Conduct, or any other applicable guidelines, that apply to the Services or have been communicated to you by us or breach any laws or regulations.
    4. We may need certain information from you so that we can supply the Services to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either terminate the Contract or incur an additional charge of a reasonable sum to compensate for any extra work required as a result. We will not be responsible for supplying the Services late or not supplying any part of them in the event this is caused by you not providing information we need within a reasonable time of us asking for it.
    5. We may use Affiliates and/or Subcontractors for the provision of the Services. References to “Accelerate”, “we” or “us” in these terms shall include any Sub-contractors or Affiliates.
    6. We may have to suspend the supply of all or part of the Services to; (a) deal with technical problems or make minor technical changes; or (b) update the Services to reflect changes in relevant laws and regulatory requirements. We also reserve our right to apply a permanent or temporary suspension of Services in the event of abusive or inappropriate behaviour towards any clinician, employee or partner of Accelerate including (but not limited to) using offensive, abusive or inappropriate remarks or behaviours.
    7. We reserve our right to take reasonable and proportionate action which may include applying additional charges or applying a temporary or permanent suspension of Services in the event of an excessive or inappropriate use of the Services by you, including (but not limited to) cancelling an unreasonable number of appointments within 72 hours of the appointment time, failure to attend an unreasonable number of appointments without prior notice or requiring repeat appointments which are not clinically appropriate.
    8. 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. We will not be liable for delays caused by any unforeseen event.
  3. Fees

    1. The fee for the Services will be the price indicated in our marketing information, on our website, on our Booking Forms or discussed with you in person at our offices, over the phone or by email (the “Fee”).
    2. Payment of the Fee is required in advance of any consultation or appointment. It must be made online with a valid debit or credit card. We will direct you or send you the link on our website where payments can be made. No other forms of payment are accepted. Once payment of the Fee has been made, we will confirm the date and time of your consultation or appointment.
    3. The Fee constitutes the full cost of the Services and you will not be required to pay any additional sum to Accelerate unless:
      1. You receive any different or additional treatment
      2. You purchase any equipment, aides or other additional items including any hosiery
      3. Additional charges are applied pursuant to clause 18 above;
  4. Warranty

    1. You warrant that you have provided us with all relevant, full and accurate information in order for us to provide the Services. 
    2. You warrant that you will not use the Services:
      1. For any unlawful purposes
      2. To interfere with any other person’s use or enjoyment of the Services
      3. To attempt to clinically diagnose yourself;
      4. To prescribe treatments to others;
      5. To create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists; 
      6. As a source of material or contact data for any kind of marketing activity;
      7. To tamper with, update or change any part of the Services; 
      8. In a way that affects how it is run; 
      9. In a way that imposes an unreasonable or disproportionably large burden on Accelerate’s communications and technical systems as determined by us; or
      10. Using any automated means to monitor or copy the Services or its content, or to interfere with or attempt to interfere with how the Services works.
  5. Limitation of Liability

    1. The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 5. 
    2. Subject to clauses 5 and 5.6, our total liability shall not exceed the sum of Fee paid for the Services
    3. Subject to clauses 5 and 5.6, we shall not be liable for consequential, indirect or special losses
    4. Subject to clauses 5.5 and 5.6, we shall not be liable for any of the following (whether direct or indirect):
      1. Loss of profit;
      2. Loss of revenue;
      3. Loss or corruption of data;
      4. Loss or corruption of software or systems;
      5. Loss or damage to equipment;
      6. Loss of use;
      7. Loss of production;
      8. Loss of contract;
      9. Loss of commercial opportunity;
      10. Loss of savings, discount or rebate (whether actual or anticipated);
      11. Harm to reputation or loss of goodwill; and/or
    5. The limitations of liability set out in clauses 5.2 to 5.4 shall not apply in respect of any indemnities given by you under the Contract.
    6. Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:
      1. Death or personal injury caused by negligence;
      2. Fraud or fraudulent misrepresentation;
      3. Any other losses which cannot be excluded or limited by Applicable Law;
  6. Cancellations and refunds

    1. Under applicable law, when you (as a consumer) purchase the Services online or over the phone, you have a ‘cooling off period’ of 14 days from when you make a booking in which you are entitled to cancel and, where relevant, receive a full refund of the Fee in respect of Services not received.
    2. If you book an appointment and receive the Services within your cooling off period, you acknowledge and agree that you will not be able to benefit from the full 14 day cooling off period.
    3. In addition to your statutory rights, if you book a consultation or appointment with us, you are entitled to a full refund of the Fee if you cancel this any time up to 72 hours before the scheduled time of the appointment by calling the administrative team on 020 3819 6022.,. if you:
    4. If you book a consultation or appointment with us and you cancel this within 72 hours of the appointment, you will not be entitled to a refund of the Fee. Any refund of the Fee is at the discretion of Accelerate.
    5. Refunds will only be paid to the cardholder or person who made the original payment and will be made through the same means as payment was made.
    6. If you attend a consultation or appointment and are unable to receive the Services because you are not in an appropriate physical condition, you lack capacity to consent to the Services, the treatment is not appropriate for your condition, you do not have the correct technology or equipment to access the Services, or for any other reason we deem appropriate, you will not be entitled to a refund.
  7. Termination

    1. We may terminate the Contract at any time for any reason.
    2. We may terminate the Contract at any time, by giving notice in writing to you if:
      1. You commit a material breach of Contract and such breach is not remediable;
      2. You commit a material breach of the Contract which is capable of being remedied and such breach is not remedied within 14 days of receiving written notice of such breach;
      3. You failed to pay any amount due under the Contract on the due date and such amount remains unpaid within [30] days after we have given notification that the payment is overdue; or
      4. any consent, licence or authorisation held by you is revoked or modified such that you can no longer able to comply with its obligations under the Contract or receive any benefit to which you are entitled.
    3. You may terminate the Contract by giving 4 weeks’ notice in writing if:
      1. We commit a material breach of the Contract and such breach is not remediable;
      2. We commit a material breach of the Contract which is capable of being remedied and such breach is not remedied within 14 days of receiving written notice of such breach.
  8. Complaints

    1. If you are unhappy with the Services you have received, you should contact Accelerate at hello@acceleratecic.com.
  9. Intellectual Property
    1. You acknowledge that any and all Intellectual Property Rights vesting in the provision of the Services available is owned by us, or third parties for which we have a licence.
    2. This Contract does not grant you permission to share, alter, distribute or otherwise, any of the content provided through the provision of the Services, whether that be to copy, modify, duplicate, create derivative work from, frame, mirror, republish, download, display, transmit or distribute all or any part of the Services in any form or media or by any means; or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or part of the Services.
    3. This Contract does not assign or licence any of our Intellectual Property Rights to you. Any use of our Intellectual Property rights in whatever capacity requires authorised consent from us in writing.
    4. You hereby assign to us (by way of present and, where appropriate, future assignment) absolutely and with full title guarantee, all of your rights, title and interest in any Improvement to the Services (if any exists).
    5. The Services may provide links to third party content or websites. Such links are provided for your information only and Accelerate is not responsible for, and cannot guarantee, the completeness, reliability or accuracy of information or other content on such third-party content or websites or that such information is up to date. We have no control over the contents of this content or those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to third party content or a third-party website should not be taken in itself to mean endorsement by Accelerate of the content, website, the site owner, or any specific content to which it points. Accelerate also cannot guarantee that any third-party content, website or any service on that website will remain available. Please also be aware that when you leave our website, other websites may have different privacy policies and terms which are beyond our control and of which you should make yourself aware.
    6. Where we provide you with third party tools to access the Services or communicate with us such as (without limitation) telephone, video conferencing or webchat technology (“Tools”) the following terms shall apply:
      1. To the extent permitted by law, the Tools are provided “as is” and we give no representation, assurance or warranty regarding the quality, use, availability, content, security, non-infringement or reliability of the Tools. We expressly exclude any warranties of this kind whether express or implied or statutory;
      2. You are responsible for ensuring you have an internet connection and devices which are suitable, up to date and compatible to use the Tools;
      3. Your use of the Tools is at your own risk;
      4. You must only use the Tools in connection with the receipt of the Services. You must not (a) copy, translate, disassemble, decompile, reverse-engineer or otherwise modify any parts of the Tools; (b) transmit any content, data or information that is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy right or right of publicity, or racially or ethnically objectionable; (c) infringe the intellectual property rights of any entity or person; (d) interfere with or disrupt the Tools or systems used to provide the Tools, or other equipment or networks connected to the Tools; (e) circumvent or disclose the user authentication or security of the Tools or any host, network, or account related thereto; (f) store or transmit “SPAM” (defined as unsolicited commercial email or “Malicious Code” (defined as viruses, worms, time bombs, Trojan horses, and other harmful or malicious code, files, scripts, agents or programs); (g) interfere with or disrupt the integrity or performance of the Tools or third-party data contained therein, and/or (h) attempt to gain unauthorised access to the Tools or their related systems or networks; (i) impersonate another person; or (j) make any use of the Tools that violates any applicable law or regulation.
      5. We shall be entitled to suspend or withdraw access to the Tools immediately at any time.
      6. We reserve the right to vary the Tools at any time.
      7. We do not grant you permission to share, distribute or otherwise any of the content, documentation or information provided to you in the course of providing the Services, unless explicitly indicated.
  10. Confidentiality, Privacy, Announcements

    1. You shall keep confidential all Confidential Information of Accelerate and shall only use the same as required to perform the Contract. The provisions of this clause shall not apply to:
      1. Any information which was in the public domain at the date of the Contract;
      2. Any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement;
      3. Any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract.
    2. This clause 10 shall remain in force in perpetuity
    3. You shall not make any public announcement or disclose any information regarding the Contract, except to the extent required by law or regulatory authority.
    4. To the extent any Confidential Information is Protected Data such Confidential Information may be disclosed or used only to the extent such disclosure or use is in compliance with and does not conflict with any of the provisions of clause 10. Please see our privacy policy for more information about how we collect, use and protect your data. If you don’t want to receive marketing about Accelerate products and services that we think are relevant to you, please email us at hello@acceleratecic.com, write to us at Accelerate CIC, Centenary Wing, St Joseph’s Hospice, Mare Street, London, England E8 4SA, or call us on 020 3819 6022.
    5. We shall process Protected Data in compliance with the obligations placed on it under Data Protection Laws and the terms of the Contract. We will keep a record of your personal information solely for continuity of medical care and will delete it upon request. We do not store payment data and do not use your personal information for marketing purposes unless we have your express consent to do so.  To provide the Services to you, you must consent to us accessing your GP medical history
  11. Third Party Rights

    1. Except as expressly provided for in clause 11, a person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
      1. Any Affiliate or Subcontractor of us shall be entitled under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
  12. Assignment  

    1. You may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without our prior written consent.
  13. Change of details

    1. You should ensure that your name, address and other contact details provided to Accelerate are accurate and up to date. Please notify us of any changes as soon as reasonably practicable.
  14. Variation

    1. No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and these Conditions and is duly signed or executed by, or on behalf of, each party.
  15. Set Off
    1. We shall be entitled to set-off under the Contract any liability which it has or any sums which it owes to you under the Contract.
    2. You shall pay all sums that it owes to the us under the Contract without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.
  16. No Partnership of Agency

    1. The parties are independent persons and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.
  17. Severance

    1. If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affecte
  18. Waiver

    1. No failure, delay or omission by us in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
  19. Governing Law and Jurisdiction
    1. The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
    2. The parties irrevocably agree 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, its subject matter or formation (including non-contractual disputes or claims).

Definitions

Affiliate means any entity that directly or indirectly Controls, is Controlled by or is under common Control with Accelerate.

Applicable Law means all applicable laws, legislation, statutory instruments, regulations and governmental guidance having binding force whether local or national.

Business Day means a day other than a Saturday, Sunday or bank or public holiday.

Booking Form means the online form which is on Accelerate’s website and is required to be completed in order to book a consultation or appointment.

Conditions means Accelerate’s terms and conditions of supply of Services as set out in this Contract.

Codes of Conduct means the ethical standards and behaviours expected of all patients, their friends and relatives.

Confidential Information means any commercial, financial or technical information, information relating to the Services, plans, know-how or trade secrets which is obviously confidential in nature or has been identified as confidential, or which is developed by a party in performing its obligations under, or otherwise pursuant to the Contract.

Contract means the agreement between Accelerate and you for the supply and purchase of Services incorporating these Conditions and including all their respective schedules, attachments, annexures and statements of work.

You means the named party in the Contract which has agreed to purchase the Services from us.

Intellectual Property Rights means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in software, rights in Confidential Information, rights to invention, rights to sue for passing off, domain names and all other intellectual property rights and similar rights and, in each case:

  1. whether registered or not;
  2. including any applications to protect or register such rights;
  3. including all renewals and extensions of such rights or applications;
  4. whether vested, contingent or future;
  5. to which the relevant party is or may be entitled, and
  6. in whichever part of the world existing.

Personal Data shall have the meaning given to it in applicable Data Protection Laws from time to time.

Fee has the meaning set out in clause 16.

Protected Data means Personal Data received from or on behalf of you in connection with the performance of the Accelerate’ s obligations under the Contract.

Services has the meaning set out in 1.

Subcontractor A third party which we may engage with for the provision of the Services.

Tools meaning as ascribed in clause 34.

We, Us, Accelerate means a company registered in England and Wales. Company registration number is 07733466 with a registered office at Centenary Wing St Joseph’s Hospice, Mare Street, London, England, E8 4SA. Our VAT registration number is: 123 758 118.

VAT means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Services.