BANNERDALE HEALTHCARE PLAN AGREEMENT
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
- “Weekly Plan” means Bannerdale Weekly Healthcare Plan.
- “Monthly Plan” means Bannerdale Monthly Healthcare Plan.
- “Bannerdale Osteopaths” “us” “we” and “our” means Bannerdale Osteopaths Ltd.
- “Member” “you” and “your” means on-going card payer.
1. MEMBERSHIP OPTIONS
- Bannerdale Weekly Healthcare Plans entitle you to use of the virtual osteopathy service on a weekly basis subject to clause 4.3).
- Bannerdale Monthly Healthcare Plans entitle you to use of the virtual osteopathy service on a monthly basis subject to clause 4.4), this service is only available after completing three consecutive weeks of the Bannerdale Weekly Healthcare Plan or when invited to join by your osteopath.
2. MEDIA PACKAGE/DASHBOARDS
- Purchase of any Bannerdale Plan entitles you to use of the virtual service, for the duration of your plan. Any content on these dashboards / Bannerdale Osteopaths interfaces / Bannerdale Osteopaths publications must not be reproduced, shared or used for anything other than personal use in line with how they been intended by us unless prior written consent is obtained from the directors of Bannerdale Osteopaths.
3. YOUR MEMBERSHIP
- There is no minimum age to hold a plan in your name, but you must be over the age of 16 to purchase it for yourself.
- On entry into this plan agreement, you warrant and represent to us that you have no medical conditions known to you that would mean that you are not capable of completing interventions without the need for acute primary medical care. If in doubt, it is your sole responsibility to consult a medical practitioner.
- You will receive a program code when your exercise program is created after your initial appointment. This program code allows you to log in to PhysiApp on your smartphone or web browser. PhysiApp is the system we use for all clinical communication between us and you.
- We reserve the right to assign the benefit of your membership agreement to another operator, firm or company at any time with or without giving you notice, as operational demands require. Your membership will continue to be valid.
- Your plan applies to you personally: you cannot lend, assign or transfer it to another person.
- We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
- We reserve the right to make or change minor points or amendments in this Plan Agreement without notice to you.
4. PAYMENT OF FEES
- By paying the first invoice for your plan and agreeing to be bound by these Terms and Conditions; you agree to pay all plan fees on time.
- In addition to your weekly or monthly member fees, we will not charge you a Joining fee.
- Paying weekly by card: Your first week’s Plan fees are due within 48 hours of your initial appointment, an invoice will be sent to you by email, it is your responsibility to let us know if you have any issues paying, we use Stripe for the processing of fees. Your second and third payment will be collected from you automatically by the same card as the first invoice on the weekly anniversary of the date of your first week’s plan invoice.
- Paying monthly by card: we use Stripe for the processing of fees. Your payment will be collected from you by the same card used for paying weekly automatically 21 days after the date of your first week’s plan invoice.
- Your membership fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one month’s notice of any fee change.
- All payments made are non-refundable under any circumstances, unless the collection of fees were our error.
- Failure of payment will result in your plan being frozen until the payment has been successfully collected. During the period of time between the failed payment and rectifying this, you will be unable to access services under your plan. You have 2 days (weekly plan) or 7 days (monthly plan) to reinstate payment of your plan fees for the remainder of your agreed plan life. If you fail to reinstate fee payment you will be removed from the plan, will have no access to PhysiApp, or clinical interaction with your osteopath and will not be able to register as a plan member again without booking an initial appointment and starting as a weekly plan member. The Bannerdale Osteopaths management also reserves the right to regain any costs incurred, from you, by any means necessary, and will pursue suitable settlement of outstanding monies due to us should members not honor the goodwill of services rendered prior to full payment of these services.
- In order to gain access to the virtual osteopathy service on PhysiApp you will require your program code which will be emailed to you when the initial appointment is conducted.
- You must not share your program code or permit its use by anybody else. Failure to comply will result in the cancellation of membership.
- You acknowledge that to provide the highest standards of services, we may need to close certain or all services temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us.
- Opening hours are subject to change and we will normally provide 1 month’s written notice where reasonably practicable.
6. SERVICE USAGE
- There is no limit to the amount of interaction you can have with your osteopath and there can be as many virtual appointments as needed during your plan.
- Should you require help with a new complaint during the Weekly Plan this is included. During the Monthly Plan, new complaints require the booking and payment of an initial virtual appointment following this ongoing care is covered by the Monthly Plan.
- We require at least 24 hours notice if you are unable to attend or need to rearrange a virtual appointment. As appointments are booked in and agreed with you, it is your responsibility to give the appropriate notice if you need to alter these agreed appointments. Failure to comply with this, with cancellation, postponement or non-attendance (DNA) of appointments not being within the specified timescale, will result in a fee of £20 being charged.
7. DATA COLLECTION
- In the course of your membership, Bannerdale Osteopaths may collect certain personal information about you including personal details, financial details, and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt-out of such communications by unsubscribe links. You have the duty to keep your personal information up to date and to inform us of any significant changes.
- We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities and professional advisors.
- Please contact the Bannerdale Osteopaths management on email@example.com if you have any questions or concerns about how Bannerdale Osteopaths will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
- As a member, you acknowledge that you have read and understood the provisions of this, paragraph 7 and that you agree that Bannerdale Osteopaths may collect, use, process and disclose your personal information as described.
8. CANCELLATION OF YOUR MEMBERSHIP
Cancellation by you:
- Weekly and Monthly Plan membership: You may cancel your membership at any time after the payment of your fees and no less than 1 working day before your next payment is due, by instructing us via firstname.lastname@example.org to cancel your membership. Please include your full name, date of birth and program code. Your cancellation will take effect at the end of the period for which the final payment has been paid.
Cancellation by us:
- We may cancel your membership with immediate effect if:
- you have breached any terms and conditions of this agreement; or
- membership fees or other charges remain unpaid 2 days (Weekly Plan) or 7 days (Monthly Plan) after the due date and such a
- breach is not remedied by you within 2 days (Weekly Plan), or 7 days (Monthly Plan), after being notified by us.
9. FORCE MAJEURE
- For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of Bannerdale Osteopaths including but not limited to strikes, lock-outs or other industrial disputes (whether involving Bannerdale Osteopaths or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- Bannerdale shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
- Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behavior is acceptable.
- Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
- We may assign or transfer the benefit of this agreement, our obligations under it, to any other legal entity at any time without notice to you.
- All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Bannerdale Osteopaths.
- Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
- Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
- This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.