This page (together with our Privacy Policy and Terms Of Website Use tells you information about us and the legal terms and conditions (together the Terms) subject to which you can use our website (Site) and any services provided by us from time to time (Services). Please take the time to read through these carefully and make sure that you understand them before continuing to use our Site. On accessing our Site on this and on every subsequent occasion you will be deemed to have accepted the Terms. We reserve the right to alter the Terms at any time as set out in clause 10 and will use reasonable endeavours to notify you of any changes by posting these on our Site. Your use of our Site after these changes are posted on-line shall constitute acceptance of the new terms and conditions as amended. Before registering on our Site or subscribing for any Services, you will be asked to agree to our Terms. If you do not agree, you must stop using our Site and/or any Services immediately.
We are Private Medicals Ltd a company registered in England and Wales under company number 10050587 whose registered office is situate at 20-22 Wenlock Road, London N1 7GU. We operate the Site.
Your use of our Site is governed by our Terms Of Website Use. Please take the time to read these, as they include important terms which apply to you.
We shall provide the Services subject to the provisions of the Terms.
4.1 The fees for any paid Services will be as quoted on our Site from time to time (Fees) or confirmed to you by telephone or email.The Fees exclude VAT and/or any other applicable taxes or levy, which, if applicable, shall be charged in addition at the rate in force in the UK on the date any payment is due.
4.2 The Fees or a proportion of the Fee due is payable in advance when you book the relevant paid Service. The Fees may change, but you will be notified of any changes prior to you confirming your booking.
4.3 You can cancel an appointment and if you have paid in advance we will refund the Fee charged up to 14 days from the date of confirmation of your booking, providing that we have not commenced the provision of the Services, in which case we have a right to charge for the Services up to the cancellation date. After the 14 day period, we will refund the Fee to you if you wish to cancel, but this may be subject to an administration charge, as notified to you on confirmation of your booking.
You can pay for Services through the payment service provider on our Site, or over the telephone or at our premises. Please take the time to read our Payment Service Provider’s Terms and Condition, as it includes important terms which apply to you.
6.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
6.2 To the extent permitted by law, we exclude all conditions, warranties, representations, guarantees or other terms which may apply to our site or any content on it, whether express or implied. In particular, we will not be responsible for ensuring that the Site or Services suitable for any purpose orthat any particular result or objective shall be achieved.In particular, we give no conditions, warranties, representations or guarantees, express or implied, as to:
6.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
6.4 We will not be liable to you for any action by a public body/government department or other third party in refusing you a driving licence or any other approval or qualification needed for your occupation as a result of carrying out a private medical examination for you and providing our results to any third party or and we will not be liable for any resulting loss of income, employment or opportunity.
6.5 Our Site publishes advertisements placed by third parties to advertise their goods and services. We exclude all liability for any illegality arising from or in respect of any error, omission or inaccuracy in such information.
6.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
6.7 We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that our site will be continuously available on-line. We therefore provide our site on an "as is" and "as available" basis.
6.8 You acknowledge that software and internet-based services are not error-free and uninterrupted and agree that the existence of such errors and interruptions shall not constitute a breach of these terms. We shall not be responsible for any technical malfunction of any communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected order or communication whether due to error, transmission interruption or otherwise. Where our site requires maintenance and upgrading as deemed necessary by us in our sole discretion, we shall have no liability whatsoever for a situation where any products and/or services become inaccessible to you during such period of maintenance and upgrading.
6.9 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6.10 We assume no responsibility for any payment service provider. We will not be liable for any loss or damage that may arise from your use of them.
6.11 Subject to clause 6.1, our total liability to you in respect of all losses arising under or in connection with our Site or any Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fees paid by you and received by us for the Services in question.
We may terminate or suspend your use of our Site in accordance with our Terms Of Website Use. Please take the time to read these, as they include important terms which apply to you.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms caused by matters beyond our reasonable control.
9.1 All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
10.1 Every time you use our Site or any Services, the Terms in force at the time will apply. We may revise these Terms as they apply to you from time to time to reflect the following circumstances:
10.2 If we have to revise these Terms as they apply to you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Services if you are not happy with the changes. You may cancel either in respect of all the Services or just the Services you have yet to receive. If you opt to cancel, we will arrange a full refund of the Fee you have paid for any Services you have yet to receive.
When we refer, in these Terms, to "in writing", this will include e-mail. Please refer to the contact information on our Site for our email address. If any such notice or other information is given by means of email, then notice shall be deemed to have been received on the same day, provided it is sent within normal working hours or if sent outside normal working hours on the next working day.
12.1 We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.2 This agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.3 Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.5 Any dispute or claim arising out of or in connection with this agreement 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. We both 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 a Contract or its subject matter or formation (including non-contractual disputes or claims).
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