TERMS & CONDITIONS
Definitions
The following definitions apply within these Terms & Conditions:
- 'Company' means Westover Medical Limited, a company incorporated in England & Wales under company registration number 5983139 and having its registered office at The Westover, 304 Westbourne Grove, London, W11 2PS.
- 'Clinic' means any of the clinics operated by the Company.
- 'Member' means a member of the Clinic.
- 'Membership' means any of the types of membership of the Clinic including Registered, Medical, Dental and Combined Memberships.
- 'Membership Application Form' means the application form completed by a Member in order to apply for membership of the Clinic.
- 'Initial Period' means the period of twelve months that the Member is committed to upon joining which commences on the date the Member's application for Membership is accepted.
- 'General Manager' means the employee appointed by the Company to control the day to day operation of the Clinic.
- 'GP On Call Services' means the third party organisation contracted by the Company to provide GP home visits where availability of Westover GPs cannot meet this requirement.
The Company provides its GP and Dental services exclusively to Members.
Types of Membership
Registered Member
The Registered Membership scheme is designed for infrequent users of Clinic services and is structured around a pay-as-you-go system.
The annual fees for Registered Membership are:
Individual £100 Couple £175 Child £75
This annual fee is payable in full on registration. Following registration, Registered Members may access Clinic services at the following charges:
- GP Consultations - £100 per 20 minute consultation
- GP Telephone Consultation - £24 per consultation
- Dental check-up with X-rays - £100
- Attendance at Health and Well-Being seminars, courses and lectures at no additional cost
- GP home visit (Monday - Friday, 8:00am - 7:30pm) - Max £170 per 20 minute consultation
- Out of hours GP On Call Service - Max £170 per 20 minute consultation
Combined Member
The Combined Membership scheme, perhaps predictably, provides Members with the benefits of both the Medical and the Dental Membership schemes combined.
The monthly fees for Combined Membership are:
Individual £65 Couple £120 Child (13+ yrs) £60 Child (Under 13yrs) £40
(NB: Children aged under 13yrs receive free Dental check-ups if a parent is a Dental Member.)
Combined Membership payments are payable by Direct Debit monthly in advance.
Medical Member
The Medical Membership scheme is designed for regular users of Clinic services and is structured so as to provide a predictable and fixed cost spread across a year irrespective of the use members make of Clinic services.
The monthly fees for Medical Membership are:
Individual £45 Couple £85 Child £40
Medical membership payments are payable by Direct Debit monthly in advance.
Medical Members each receive an Annual Standard Health Check and then may make unlimited use of the following Clinic services at no extra charge:
- GP consultations and telephone consultations
- Prescription completion (not including the actual medication)
- Repeat prescriptions (not including the actual medication)
- Completion of forms and letters
- Attendance at Health and Well-Being seminars, courses and lectures
Medical Members may also access home visit services at the following charges:
- GP home visit (Monday - Friday, 8:00am - 7:30pm) - Max £170 per 20 minute consultation
- Out of hours GP On Call Service - Max £170 per 20 minute consultation
Medical Members may also upgrade the Annual Standard Health Check they receive as part of their Membership to the Full Health Check for an additional charge of £195 (normally £495.)
Dental Member
The Dental Membership scheme provides Members with a predictable and fixed cost spread across a year for their Dental check-up and dental hygiene requirements.
The monthly fees for Dental Membership are:
Individual £22 Couple £40 Child (13-18yrs) £20
(NB: Children aged under 13yrs receive free Dental check-ups if a parent is a Dental Member.) Dental Membership payments are payable by Direct Debit monthly in advance. Dental Members may access the following Clinic services at no extra charge:
- Annual Dental check-up with X-rays
- Two Dental Hygienist appointments per annum
- Prescription completion (not including the actual medication)
- Repeat prescriptions (not including the actual medication)
- Attendance at Health and Well-Being seminars, courses and lectures
1. It is a condition of Membership that Members agree to pay the fees referred to hereafter and agree 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 are displayed on the Clinic website.
2. All Membership plans must be paid by Direct Debit and a Direct Debit mandate must be completed before Membership of the Clinic can be accepted. Please note that some banks and building societies do not accept Direct Debit instructions for some types of accounts. All Direct
Debits are covered by the Direct Debit Guarantee.
3. Registered Membership payments shall be paid annually in advance.
4. Medical, Dental and Combined Membership payments shall be made monthly in advance by Direct Debit. This payment will be taken on the last working day of the month prior to the month of membership.
Generally the first Direct Debit processed will be in respect of two months Membership fees and one month thereafter. Members paying by Direct Debit who are back-dating the start date of their Membership will be billed the full amount outstanding the following month.
5. Membership shall commence on receipt of completed and signed forms by the General Manager. Membership will always run for an Initial Period of 12 months. After the Initial Period, cancellation will require 30 days written notice to the General Manager other than if a Member wishes to upgrade to an enhanced level of Membership. Further details of the cancellation procedure are set out below.
6. A monthly statement will be sent to Members for treatments received that are not covered by their Membership if there is a balance owing to the Clinic. 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. For the avoidance of doubt, no pathology costs are covered by any Membership schemes.
7. While a Standard Health Check is included in the Medical and Combined Membership packages there may be further tests requested as a result of this health check which may, following discussion with the Member, incur additional charges.
8. Couple Membership is available to any two adults living at the same address. Reasonable evidence of joint residence may be required.
9. Couple Membership applications must be accompanied by one direct debit form, nominating one bank account. 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.
10. 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 18years.
Child Member status will change to adult status when a child reaches 18yrs at which stage they will be required to become a full Member and complete a Membership Application Form in their own right.
11. Child Membership fees will be paid via their parents' or guardians' direct debit at the same time. Additional treatment costs will also be taken by direct debit unless paid for at the time of treatment.
12. Members must give written notice to the Clinic of any change of address. Failing such notice, all communications shall be presumed to have been received within 5 days of the postmarked date.
13. Members will be advised of any increase in Membership fees if this occurs.
14. Membership is non-transferable and non-refundable, unless there is a written agreement to the contrary.
15. Members will be charged £50 in respect of any GP appointment and full value for any other practitioner appointment for which they do not attend the Clinic without at least 24 hours notice of cancellation or rearrangement to the Clinic.
16. A one-time administration fee will be charged to any Member that is given written dispensation by the General Manager to transfer their Membership to another person and the administration fee will be calculated at the sole discretion of the General Manager.
17. 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 3% above the base rate of the Company's bankers, Coutts & Co, from the date the payment is due until the date that it is received by the Company. Members indemnify the Company against all expenses and legal costs (on a solicitor client basis) incurred by the Company in recovering overdue amounts.
18. A Member can only hold one type of Membership at any one time.
Members may upgrade their Membership at any time in accordance with the Terms & Conditions set out herein, but, in order to prevent abuse, alterations to Members' schemes which would result in a reduction in the fees payable are not permitted within the Initial Period of Membership.
19. A full price list of all aspects of treatment not covered by Membership plans is available from General Managers upon request at any time.
20. Prescription-writing and repeat prescriptions are free of charge to Medical, Dental and Combined Members. For the avoidance of doubt, however, the cost of medications prescribed is not covered by any of the Membership schemes.
21. Although Members may use the GP telephone consultation service they should understand that the GPs may require a face to face consultation in line with their clinical judgement in order to make satisfactory and safe diagnoses and provide clinically appropriate advice.
In the interests of continuously improving our service to our Members, telephone calls may be recorded and/or monitored.
22. At all times, the Company reserves the right to refuse an application for Membership from any applicant at its sole discretion.
23. 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 Member should inform the General Manager of their communication preferences.
24. Save as explicitly set out in these Terms & Conditions all warranties, conditions and other terms (whether implied by statute or otherwise) are, to the fullest extent permitted by law, excluded from the Contract.
25. Nothing in these Terms & Conditions excludes or limits the liability of the Company for fraudulent misrepresentation, or for any death or personal injury caused by the Company's negligence.
26. Subject to anything to the contrary in these Terms & Conditions, the Company will not be liable to the Client in contract, tort (including, without limitation, negligence), misrepresentation or otherwise for any: a. economic loss of any kind (including, without limitation, loss of use, profit, anticipated profit, business, contracts, overhead recovery, revenue or anticipated savings); or b. any damage to the Client's reputation or goodwill; or c. any other special, indirect or consequential loss or damage.
27. Subject to the provision of these Terms & Conditions the Company's total liability in contract, tort (including, without limitation, negligence), misrepresentation or otherwise arising out of or in connection with the performance of services in accordance with the Membership will be limited to the price paid or payable in respect of the Membership. The provisions of this paragraph and those of paragraphs 24, 25 and 26 shall survive the termination or expiry (for whatever reason) of the Member's membership.
28. A person who is not a party to the Contract will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms & Conditions.
29. These Terms & Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
Opening Hours.
Clinic opening hours are fixed by the Company and are subject to change without prior notice, but are currently Monday-Friday, 8:00am - 7:30pm. The Company may at any time close any Clinic premises or any part thereof, without prior notice, in order to execute necessary repairs, alterations, re-decoration, or otherwise. Clinics are closed on all bank and public holidays, but Members have chargeable 24/7hr access to GP cover outside Clinic opening hours at charges set out in the GP On Call Services schedule.
Data Protection.
It is necessary for the purpose of providing Members with health advice and support for the Company to retain data concerning Members' identity, contact details and general health on file. By signing the Membership Application Form you expressly consent to the Company having authority to keep this data for the duration of your Membership and for up to two years afterwards, or if Membership is refused for any reason, for the period of two years from the date you completed this form to assist the Company provide you with the best possible service. 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.
Liability.
The Company will not accept liability for any damage or loss to Members' or their guests' personal property brought onto Clinic premises.
Cancellation of Membership.
Members will be liable to pay monthly payments during the entire duration of their Initial Period of membership.
After the Initial Period, Members shall be entitled to terminate their Membership with no less than one month's notice. Request for cancellation must be made in writing and addressed to the General Manager.
No refunds of that month's Membership fee shall be made and any and all other sums due to the Clinic must be paid prior to the termination of
Membership.
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 General Manager will confirm receipt of the notification and confirm the cancellation date within 10 days of receipt of the letter.
If Members do not receive confirmation of cancellation within 10 days they should inform the General Manager immediately as it will always remain the Member's responsibility to ensure that cancellation letters have been received.