Terms and Conditions of Services
We provide a range of Occupational Health Products (‘the Services’) which can be accessed through this website, these Terms and Conditions form a binding contract (‘Contract’) between you, the customer (‘Client, ‘You’ or ‘Your’), with Health Management Limited (“HML”, “Our”, “Us” or “We”). References to “website” or “site” means Health Management website, all products, services and associated websites and terms which are a part of or can be accessed via this website.
Our Site Changes Regularly
We aim to update Our site regularly, and may change the content at any time. If the need arises, we may suspend access to any products or services, or close them indefinitely. Any of the material on Our site may be out of date at any given time, and We are under no obligation to update such material.
Legal Notice and Disclaimer:
By accessing any part of the website, or by submitting data online to Us (Health Management), You accept this legal notice in full and agree to comply and remain bound by these Terms and Conditions. If You do disagree or do not accept compliance with these legal terms in full, You must leave the website and/or any microsite, subdomain and/or other website address operated by Us, immediately and must not submit any data to Us online.
Unless otherwise specified, the materials on this website are directed solely at those who access this website from the United Kingdom. We make no representation that any information, product or service referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
Your use of the Services are bound by these Terms and Conditions so please take the time to read them carefully and make sure You have understood them:
1 Term of the Contract
For the purposes of this Contract, “Commencement Date” means the date of payment and acceptance of terms on the website. The term of this Contract shall be from the Commencement Date until completion of the relevant specific Service purchased.
2 Payment and interest
2.1 If You are purchasing any Services, You must pay for all Services in full prior to or at the time of booking
2.2 You consent to receive sales invoices electronically.
3 Cancellation Rights and Changes to Order:
3.1 We work hard to give You the best standard of services. But if there’s something You are not happy with, You can contact Us or You can cancel Your order at any time.
3.2 Full charges will apply to Services’ appointments not attended and for cancellations or changes to orders with less than 48 hours’ notice (excluding weekends). If You cancel Services’ orders/appointments with more than 48 hours’ notice, We will refund You. The amount We will refund to You (if any) will depend on when You cancel and how You have used the Services before You cancel.
3.3 For Workplace Training Services, the following will apply:
- Cancellation/postponement of course with more than 10 days’ notice >>> Full refund (usually with no cost/charge)
- Cancellation/postponement of course with 10 days’ notice or less >>> Part refund (usually with 50% cost/charge)
- Cancellation/postponement of course with 5 days’ notice or less >>> No refund (usually with full cost/charge payable)
3.4 To amend, reschedule or cancel an order, send an email directly to the email address You have booked the relevant Service with or the contact noted in 3.7 below. You must inform Us of Your decision to cancel by a clear statement sent by email. We will acknowledge receipt of such a cancellation by email.
3.5 We may have to suspend the Services for any reason, including but not limited to: changes to regulatory requirements imposed by the General Medical Council or the Care Quality Commission.
3.6 Where possible, We will contact You in advance if you have Services booked to tell You We will be suspending the Services, and try to find You an alternative appointment booking (where relevant). If the issue is urgent or there is an emergency this may not be possible. If We have to suspend the Services for longer than fourteen (14) days You will be entitled to a full refund for any Services and/or appointments already paid for that You have been unable to attend due to the suspension.
3.7 Contact details:
Workplace Training Courses:
(Mental health first aid, Personal resilience, Resilience for Managers, Mental wellbeing in the workplace, Mental health in customer service roles)
Booking enquiries: email@example.com; General enquires: firstname.lastname@example.org
Primary Care Services
(Onsite GP appointment, Digital GP appointment, Face-to-face health screening)
Primary Care team
Client services team
4.1 For the purposes of this Contract, Client’s Confidential Information shall mean all information of the Client (of whatever nature and however recorded or preserved),which:
4.1.1 is marked as or has been otherwise indicated to be confidential; or
4.1.2 relates to or is in respect of the medical condition of an employee of the Client; or
4.1.3 would be regarded as confidential by a reasonable business person; except to the extent that such information is already in the public domain at the time of disclosure or enters the public domain otherwise than by a breach of HML’s obligation of confidentiality.
4.2 We shall keep confidential all of Your Confidential Information and not use it except for the purpose of exercising or performing its rights and obligations under this Contract. We may disclose the Client’s Confidential Information to Our employees, officers, professional representatives or advisers, sub-contractors and agents, provided that such persons need to know it for the purpose of exercising or performing the party’s rights and obligations under this Contract.
4.3 We will not disclose the Client’s Confidential Information to any third party or use it except as otherwise permitted in this Contract.
4.4 Notwithstanding any other provision of this Contract, it shall not be a breach of this Contract for HML to disclose any of the Client’s Confidential Information pursuant to a court order or a binding request from a regulatory (or other analogous) authority with jurisdiction or from any other third party with power to require the disclosure of such information, provided that (to the extent it is permitted to do so) HML gives all reasonable notice of such disclosure to the Client.
4.5 The Client undertakes to keep confidential and exercise reasonable standards of care regarding any information concerning the business, affairs, directors or employees of HML which comes into its possession during the term of this Contract and not to use any such information for any purpose other than that for which it was provided.
4.6 The terms of this clause 4 shall continue to apply notwithstanding termination of this Contract or any other cessation of any business relationship between the parties.
5 Our Liability to You
5.1 We do not in any way exclude Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation, or which by applicable law cannot otherwise be excluded or limited.
5.2 We exclude, to the fullest extent permitted by law:
5.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
5.2.2. all liability for indirect, special, incidental, economic, consequential or punitive damages, including but not limited to liability for loss of profits, business, revenue, good will loss of data, loss of technology rights or interruption or loss of use of software, regardless of the legal theory under which such damages are sought even if HML has been advised of the likelihood of such damages and notwithstanding any failure of essential purpose of any limited remedy.
5.3 Subject to 5.1 and 5.2 above, in no event shall Our total aggregate liability to You (for any one event or series of related events) exceed in total 150% of the total amount paid by You for the Services in the 12 months immediately preceding the first incident out of which the liability arose.
5.4 Nothing in these terms and conditions will affect Your legal rights as a consumer.
5.5 Any claim by the Client against HML relating to this Contract must be made in writing and presented to HML within one (1) year after the date on which HML completes performance of the Services specified in this Contract.
6 TUPE Indemnity
The parties consider that there will be no transfer in or out as a result of this Contract. “TUPE” means “the Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended) or any regulations which replace or amend these.
7 Data protection, record maintenance and destruction
7.1 “Controller”, “Processor”, “Personal Data”, “Data Subject” used in this Clause 7 shall have the meaning ascribed to them in Data Protection legislation.
7.2 Depending on the Services required, in order to provide occupational health or related services and publish reports/medical advice relating to the Client’s Employees (including ex-employees), HML stores and processes personal data (i.e. Name, Contact Details, Date of Birth and Gender) and special category data (i.e. health Information and potentially (but not systematically) racial or ethnic origin, data relating to sex life or sexual orientation). The reports provided by HML to Clients are used by Clients to inform internal decisions regarding Client’s Employees.
7.3 HML is the Controller for all processing undertaken by HML as HML determines the purposes and means of processing in line with clinical governance requirements. Consequently, each party must comply with their own obligations in respect of compliance with Data Protection legislation.
7.4 HML shall ensure the security of the Personal Data by implementing appropriate organisational and technical measures, including taking reasonable steps to ensure the reliability of all its employees who have access to the Personal Data, including imposing suitable confidentiality obligations on all personnel involved in the processing of such Personal Data.
7.5 Each party warrants to the other that it will process the Personal Data in relation to this Contract, in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments and assist each other in such compliance activities, including providing reasonable evidence to demonstrate compliance.
7.6 Subject to the limits of clauses 5.2 and 5.3, each party agrees to indemnify and keep indemnified and defend at its own expense the other party against all direct costs, claims, damages or expenses incurred by the other party or for which the other party may become liable due to any failure by the first party or its employees or agents to comply with any of its obligations arising under this clause 7 of this Contract.
7.7 HML shall be entitled to subcontract and to appoint third parties to process the Personal Data and will ensure that any sub-contractor’s contract:
7.7.1 is on terms which are no less onerous than those set out in this Contract;
7.7.2 as to the Services (or any part of the Services) being delivered by the subcontractor, terminates automatically on termination of this Contract for any reason; and
7.8 HML will notify the Client of any Personal Data Breach without undue delay and shall undertake or assist the notification of Data Subjects and any regulator or Data Protection Authority as agreed between the parties.
7.9 HML will handle any data subject rights requests made by Customer’s Employees.
7.10 The Client must maintain retention of their own copies of data submitted to (e.g. referral) and received from HML (e.g. advice letter) as HML will retain records for HML’s own business purposes and only as long as necessary to allow for any legal challenge or regulatory activity in line with HML’s data retention policy/ies.
8 Intellectual Property and Data Rights:
Notwithstanding anything to the contrary contained herein or in any other attachment hereto, any and all intellectual property or other proprietary data owned by HML prior to the Commencement Date or developed by HML outside of the scope of this Contract or in the course of performance of this Contract but not as a deliverable (“HML Information”) shall remain the exclusive property of HML even if such HML Information is embedded or otherwise incorporated into a deliverable or used to develop a deliverable.
9 Parties to this Contract:
Only You and We have any rights under this Contract. This Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
10 Entire Contract:
This Contract constitutes the entire Contract and understanding of the parties and supersedes any previous Contract between the parties relating to the subject matter of this Contract and the Client confirms that in entering into this Contract it has not relied on any statement or representation made by HML other than those contained in this Contract.
11 Contract Amendment:
We reserve the right to amend the Contract and these Terms and Conditions at any time. If We make any substantial changes to the Contract then We will publish such changes on Our website. It is Your responsibility to ensure You have read and understood the contents of this Contract each time You use the Services.
Any notice required to be given under this Contract shall be in writing and shall be sent to the email address on the Services’ order confirmation or the contact noted above in clause 3.7.
13 Force Majeure:
Neither party shall be liable for delay in or for failure to perform its obligations if that delay or failure is caused by strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, acts of God, war, governmental action, labour conditions, material shortages or any other cause which is beyond the reasonable control of such party.
Waiver by either party of a breach of any provision of this Contract or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that provision or as waiver of that right.
15 Rights of third parties (exclusion):
No term of this Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
16 Governing law and jurisdiction
16.1 This Contract shall be governed by and construed in accordance with the law of England and Wales.
16.2 Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Contract or the legal relationships established by this Contract.