Website Terms and Conditions
Wellthy Clinic LTD
Please read the following Terms and Conditions carefully. They are important and represent a binding agreement between you and Wellthy Clinic Ltd.
You must read and agree to these terms and conditions when you register with us by using the tick-box on the registration form.
These Terms and Conditions are for using our website, our services and any correspondence between the parties, including telephone and apply to individual consumers.
About Us
Wellthy Clinic Ltd, is a company registered in England under company number 12411051, whose registered office is at Unit 28 City Business Centre, Lower Road, London, England, SE16 2XB ("the Company")
Wellthy Clinic Ltd provides several health disciplines, including Osteopathy, Nutrition, and Pilates, to Clients using a coordinated approach to health, coupled with getting to know their clients, which enables them to help people achieve their health goals. Clients needing help with their health and well-being may use the Services provided by independent health professionals engaged by Wellthy Clinic Ltd at their Clinic or, in some situations, online.
Your Privacy
We take data protection very seriously and take all reasonable steps to look after your Personal Data. To use our Services, you may need to give us your Personal Data or personal information. You may refuse at any time to give this permission and you have the right to access your Personal Data. However, it may mean that you cannot use our Service fully.
We may also process special categories of data. Concerning health, such as fitness device records or referral information from GPs. In all cases, we are obliged by law to take extra care of such data and must ask for your explicit consent before processing such information.
Please read our Privacy Policy for more information on your privacy rights and how we look after your data.
Cookies
Our website uses cookies; you need to agree to use these cookies or opt out of their use. This can be done in Cookie Settings or by using the pop-up banner on the home page when you first browse our website. Please read our Cookie Policy for more information.
Definitions
“Wellthy Clinic Ltd” ”We” ”Us” or “Our” (plural or singular) means Wellthy Clinic Ltd, which owns and operates the website and provides Osteopath, Nutrition and Pilates services to clients.
“User” “Visitor” “Client” “you”, and “your” (plural or singular) means site visitors, clients, and any other users of the site who may or intent to use Wellthy Clinic’s services.
”Service” or “Services” mean the Services provided by Wellthy Clinic Ltd to clients.
“Parties” Wellthy Clinic Ltd and the Client collectively.
“Session” means a single period in which the Services are provided, for example, an hourly session with a Pilates instructor.
“Website” or ”Site” Means the website which is owned and operated by Wellthy Clinic Ltd.
Payment and Charges
You must be 18 years of age or older to buy our Services. Persons under 18 must get consent from parental authority to use our services.
You agree to pay all costs and charges related to the Services you have ordered from Wellthy Clinic Ltd and agree to use the correct payment facilities and processes.
All prices and fees are available either on our website or by contacting the clinic.
You agree to pay on the day of each session just after your session ends.
You may also buy treatment plans which require payment in advance.
All plans expire six months from the date you first took out the plan.
We will notify you one month before your plan is due to expire.
You must use all your sessions before your plan expires. We cannot give you a refund for any sessions you have not used after the plan has expired.
Prices and costs may change sometimes in the normal course of business practice.
However, if we change the price after you place the order or make a booking, you will be expected to pay the original price, not the changed price.
You agree that placing an order or making a booking means you are obliged to pay for the Service you have ordered.
Lawful Purposes
You may use our Site for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting for you through the Site or at our clinic. You agree to use our website for legitimate purposes only.
You must not post or transmit any material which violates or infringes the rights of others through our Site, including email or any other communication method. Or which is threatening, abusive, racist, offensive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages behaviour that that would be a criminal offence, give rise to civil liability, or otherwise violate any law.
Site refusal
We display our Services, but it is our decision if we accept your booking or requests. We have the right to refuse any booking, person, or entity without having to give a reason for doing so. We may at any time change or stop any aspect or feature of the Site as long as we have fulfilled our previous responsibilities to you, such as refunds.
Our Services
Are services include, but are not limited to, Cranial Osteopathy, Osteopathy, Pilates, Nutritional Therapy, Mezieres at our clinic.
All our practitioners are qualified health professionals.
Our practitioners are independent professionals and are not our employees. They are responsible for the care they provide to you and the obligations under our privacy policy and data protection law, and we are not liable for the actions and omissions of independent practitioners.
Your Obligations
You acknowledge and agree to give us all the relevant information necessary to be able to carry out the Services you require—for example, relevant medical details and records.
You agree to fully cooperate and assist us in complying with our duties under these Terms and Conditions and relevant law.
It is important that you follow the instructions given as part of your treatment by your practitioner. Neither we nor the practitioner will be liable for any injury caused by not following such instructions except for negligence.
While waiting for your appointment at our clinic, you must respect all other clients, staff and people at our clinic, and we ask that you turn your mobile phone to silent. We reserve the right to refuse to provide any of our services or treatment to clients who are aggressive or disruptive.
You acknowledge that anyone under 16 you are legally responsible for may be asked to undress to underwear for osteopathic consultation or treatment. Please talk to your practitioner if you or the person you are responsible for are uncomfortable undressing.
For and during your session, we recommend you wear sporty clothes like shorts or leggings and a sports bra. For Pilates, loose-fitting sportswear such as T-shirts, leggings, shorts, and grippy socks.
You agree that if you register or give your consent on behalf of someone you are legally responsible for, you will be bound by these terms and conditions, even if the person you are legally responsible for breaches these terms.
Booking an appointment
You may book an appointment online through our website using Cliniko.
You cannot pay for your appointment online; you must pay at the end of each session.
Once you have booked your appointment, you will be sent an automated appointment confirmation by email and a reminder email two days before your appointment.
You must register with us if you are booking an appointment for the first time before you attend your session.
You may also book an appointment when you visit our clinic
Refunds and Cancellations
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you can cancel a Service purchased within 14 days before the particular Service has started for any reason. This is sometimes called the cooling-off period. You can ask us for a refund at any time within this period. This may apply to a plan you have bought from us in advance. However, if the service has started, you will only get a refund proportional to the number of sessions you have used.
To withdraw from a contract for services within 14 days, you must give a clear statement in writing that you wish to cancel; this may be done by sending us an email.
The above cooling-off period does not affect your rights under the Consumer Rights Act (2015) concerning services.
This clause does not apply to business clients.
You will be charged the full appointment fee for any session you cancel or change with less than 24-hour notice or if you do not turn up for your appointment.
If you're running late to an appointment, you must let us know as soon as possible. If there is no other client booked directly after your appointment, we will try to be flexible with timings, and you may be able to have your full session. However, if another client is booked directly after your appointment, you will need to finish the session on time and you will be expected to pay the full price of the session.
We may need to cancel an appointment in some cases due to unforeseen situations, such as illness. We will give you as much notice as possible and provide an alternative appointment or reschedule your session to another time.
How to cancel within the cooling-off period
If you are cancelling a plan you have purchased within the 14-day period, you must tell us by email that you want to cancel your contract with us, and we will give you a full refund.
Service Description
If you are cancelling a plan you have ordered online within the 14-day period, you must tell us by email that you want to cancel your contract with us, and we will give you a full refund.
We try to describe and display our services as accurately as possible. While we want to be as clear as possible in explaining our services or giving their description or any other information, we give no guarantee that information on the Site or any other material, including emails and marketing material online or on social media, is accurate, complete, reliable, current, or error-free.
We are not responsible for any inaccuracy, error, or incompleteness in our website, marketing or social media content.
We may refuse or cancel any order with an incorrect price listing. However, if you have already paid for the service, you will only be charged for the lower price unless it was a genuine and honest mistake on our part that you should’ve noticed.
Intellectual Property Rights
Our Site, marketing material, online content, social media content, stationery or any other Wellthy Clinic Ltd material contains intellectual property owned by Wellthy Clinic Ltd, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format any of the Site Content or intellectual property, in whole or in part, without our written permission or specific reference to an exception under UK legislation, for example, The Copyright, Designs and Patents Act 1988. We may use our right to immediately terminate this agreement without a refund if you are caught breaking this intellectual property policy.
Termination
You agree that we can terminate your use or access to this Site and our Services at any time without notice if you break any of these terms and Conditions.
The term of this agreement is for the duration of the Service or until both parties have completed performance.
This agreement can be terminated at any time for any reason by mutual agreement in writing.
Climate Assurance
Both parties agree to, wherever possible, perform their obligations under this Agreement in a way that reduces or minimises the Carbon Footprint associated with any activities under this Agreement. For example, using digital forms and communication instead of paper or non-plastic items.
Either party should use all reasonable efforts to make sure that any necessary third party use such documents or plastic and performs such acts as may reasonably be required for reducing the Carbon footprint as a measure to protect the environment.
Responsibility and Liability
Nothing in the Agreement will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law.
We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee the results or outcomes that may be obtained from using our Services.
You agree that from time to time, we may reasonably remove the Service for indefinite periods or cancel the service at any time without notice to you.
We will not be liable in respect of any loss of profits, income, revenue, use, production, or anticipated savings or earnings you may have suffered during or after using our service
We will not be liable for any loss of business, contracts, or commercial opportunities you may have suffered during or after using our service
We will not be liable for any loss, theft or damage to your personal property while you are at our clinic and ask that you do not leave your personal property unattended.
We will not be liable for any loss or corruption of any data, database, or software where the law permits.
Subject to GDPR or the Data Protection Act 2018, if applicable, we will not be liable for any data breach or data protection losses that were contributed to or caused by you.
We are not liable for any delay concerning the provision of our Services resulting from your failure or delay in complying with any of the provisions of this agreement.
Content or any information we publish regarding Third Party Products or Services is only for information purposes and is not advice, recommendation or endorsement and is not intended to address Your particular requirements
Neither party will be liable for any losses arising out of a Force Majeure.
In no case will we, our employees or our representatives be liable for indirect, incidental, consequential or any other remedies from using our Services or by any other third parties. Additionally, we are not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of your information or personal data (subject to GDPR or the Data Protection Act 2018 if applicable), whether we were negligent or not.
Neither party will be liable for breach-of-contractual damages suffered by the other party that are remote or speculative or that could not have reasonably been foreseen before entering into this agreement.
We are not responsible or liable for any claims concerning any qualifications or documents given by our practitioners or health professionals working at our clinic, which later turn out to be inaccurate, misrepresentations or forgeries.
Payment for loss or damage
You agree to indemnify or pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions. You will provide us with any help that we might ask for in connection with any such defence without any charge, including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defence without our previous written permission.
Notices
Our Contact details are:
Wellthy Clinic Ltd
Unit 28 City Business Centre, Lower Road, London, England, SE16 2XB UK.
All notices, requests, demands, and other communications under this agreement must be in writing and sent by email:
Whole Agreement
These Terms and Conditions, including the Privacy Policy, Cookie Policy, and any attachments, are the whole agreement between Wellthy Clinic Ltd and you and cancel all other verbal or written understandings concerning this agreement which were made outside this agreement.
Events or circumstances beyond our reasonable control
Where an event beyond our reasonable control, known as a Force Majeure Event, gives rise to a failure or delay in either party performing its obligations under the Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event. Examples of such events and circumstances, but not limited to, include fire, flood and other natural disasters, strikes, trade disputes, lockouts, restrictions of imports or exports, riots, accidents, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war.
A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Agreement;
(a) must notify the other and
(b) will inform the other of the period for which it is estimated that such failure or delay will continue.
(c) the affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.
Invalid Clauses
If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with a law, the invalid clause can be cut from this agreement, leaving the rest of the agreement valid and unaffected.
Right to take action
If we do not take action because you have broken a clause in these Terms and Conditions, it does not mean that we will be unable to use our rights in any other situation where you breach these Terms and Conditions or other legal responsibilities or duties you have to us.
Headings
The subject headings of the paragraphs and subparagraphs of this contract are included for convenience only. They do not affect the construction or interpretation of any of its provisions.
Words in the singular, plural, capitalisation and/or he/she or they are taken as interchangeable and therefore referring to the same.
Waiver
No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach.
Variation and amendments
This Agreement may not be varied or amended except by a written document signed by or on behalf of each of the parties.
Assignment
This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by either party unless the other party has given that party written consent.
Privity of contract
This Agreement is made for the benefit of the Parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.
The law of this agreement
You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to the law of England and Wales in English. You also agree that English courts have exclusive jurisdiction except for negotiation and mediation resolution, which may be used as an option before court action if both parties agree.
Complaints
We will always do our utmost to maintain the highest standards of care and service we provide. However, if you are unhappy with the standard of any part of our service or the care we provide, please contact us as soon as possible to discuss any issues you have.
We treat all complaints very seriously and have a complaints procedure in place if you wish to make a complaint, which we will aim to resolve as soon as possible.
Disputes
Any dispute relating to this Agreement which cannot be resolved by negotiation between the parties may, within 30 days of either party giving notice to the other party that a dispute has arisen, may be submitted to mediation by a mediator mutually chosen by the Parties and that the mediation or negotiation may be conducted online in English using an accredited mediation service. The initial Mediation cost only is to be shared equally between the parties. Failing settlement of that dispute within 30 days, the dispute may be submitted by any party for a final decision to an English court which will have exclusive jurisdiction subject to the Governing Law clause above.
END OF TERMS AND CONDITIONS