Terms and Conditions
Effective date: 1st October 2020
Mediserve Clinic Limited – Our terms
- Fertility treatment terms
1.1 What these terms cover. These terms and conditions (“Terms”), together with the Treatment Plan (if applicable and as defined below), form the agreement (“Agreement”) on which we supply the Mediserve Clinic Fertility Programme to you. This Agreement commences when you accept these Terms and continues until the earlier of you: (a) completing your Treatment; or (b) the Agreement is terminated in accordance with these Terms.
1.2 Why you should read them. Please read these Terms carefully before you sign up for the Mediserve Clinic Fertility Programme. These Terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Information about us, what we provide to you, and how to contact us
2.1 Who we are. We are Dr James Koyi Ugboma Trading as Mediserve, GMC No 3045893 and our trading office is at 27 Wimpole Street, London W1G 8GN, United Kingdom. When you contract with Mediserve Clinic Ltd. for any services, you become a Patient of the Clinic.
2.2 What we provide to you. Mediserve Clinic helps you (“you” or “Patient”) to take control of your fertility journey through providing consultations, wellbeing services, diagnostic testing and education, and benefit from discounts on fertility treatment and get access to a range of holistic services, to give you the best chance of success of having a baby. Mediserve Clinic is your mentor throughout your fertility journey. We offer UK leading medical expertise, home diagnostic testing and holistic services to complement your fertility treatment. As part of this, Mediserve Clinic will refer Patients to third party providers to make available fertility treatments and other ancillary treatments (including diagnostic and blood tests, scans, counselling and holistic services) to Patients on a fully customisable basis meaning that Patients have more control over their fertility journey.
2.3 You wish to participate in the Mediserve Clinic Fertility Programme and Mediserve Clinic wishes to make the Mediserve Clinic Fertility Programme available to you subject to these Terms.
2.4 How to contact us. You can contact us by email at firstname.lastname@example.org; by telephoning our customer service team on 0207 436 8978; or by writing to us at 27 Wimpole Street, London W1G 8GN.
2.5 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.6 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
- Your rights to make changes
If you wish to make a change to the Treatment Plan and/or Treatments contained within the Treatment Plan, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Treatment Plan/Treatments, the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
- Our rights to make changes
4.1 Changes to the Mediserve Clinic Fertility Programme. We may change the Mediserve Clinic Fertility Programme:
(a) to reflect changes in relevant laws, guidance and regulatory requirements;
(b) to implement technical adjustments and improvements, for example relating to technological or scientific advances, or changes in quality or Patient safety requirements; and
(c) if a Partner Provider changes what Treatments they offer or how they deliver them
but if we do so we will notify you and offer you any alternatives there may be to help you make changes to your Treatment Plan or how it is delivered. If you do not accept such changes you may then contact us to end the contract before the changes take effect and receive a refund for any products/services paid for but not received.
- Providing the Mediserve Clinic Services
5.1 Subject to receipt of the Treatment Fees, Mediserve Clinic shall organise and deliver the Mediserve Clinic Fertility Programme to you in accordance with these Terms, which shall include the following Mediserve Clinic Services:
(a) the services and support of a Mediserve Clinic doctor or health professional who may (or may not depending on if such services are agreed to be carried out by a Partner Provider) carry out an initial consultation with the Patient, and/or diagnostic testing and scans and/or prescribe or dispense medicines to Patients before the Patient undertakes Treatment with a Partner Provider;
(b) the services and support of a Mediserve Clinic Advisor who can be contacted by email or telephone;
(c) information about your fertility journey which will include, without limitation, details of your Treatments, information regarding your medication, general and personalised fertility information and the contact details of Partner Providers and the Mediserve Clinic Advisor;
(d) co-ordination of the Treatments provided to you by our Partner Providers;
(e) certain administrative and payment services in respect of Treatments; and
(f) we may also provide and collect certain information, including consents from you in connection with the performance of Treatments, for and on behalf of our Partner Providers.
5.2 If you have a medical emergency related to the performance of any Clinical Treatment or Holistic Treatment performed by a Partner Provider, you should always contact the Partner Provider, your doctor or the emergency services. Your Clinical Treatment will be performed by or under the supervision of our Third-Party Clinics and all queries of a medical nature and that relate to such Clinical Treatment are to be answered by the Third-Party Clinic.
5.3 Mediserve Clinic Information: Mediserve Clinic may receive medical information related to your Treatment from our Partner Providers which we will pass on to you. You should always speak to the Partner Provider or a doctor or healthcare professional if you have any concerns about the information you have received from us.
5.4 We will use our reasonable care and skill to provide the Mediserve Clinic Fertility Programme to you. We will use staff (including your Mediserve Clinic Advisor) that are trained, qualified and experienced in the activities they are undertaking. If you think that the Mediserve Clinic Services have not met these standards, please let us know as soon as possible and we will aim to correct the issue or re-perform the Mediserve Clinic Services, however we give no guarantee that by participating in the Mediserve Clinic Fertility Programme or undertaking Treatment that it will result in pregnancy or you delivering a healthy baby or babies. We will help you on your fertility journey, but you must appreciate that there are no guarantees that the outcome will be the one that you hope for.
- Treatment and Partner Providers:
6.1 If you wish to explore the Treatments we offer as part of the Mediserve Clinic Fertility Programme, we will arrange a consultation with either a member of Mediserve Clinic medical staff, or a Doctor at one of our Partner Providers. Treatment plans will be agreed with you in a consultation with either our medical staff or one of our Partner Providers, which will be on the basis that any Treatments set out are performed by our Partner Providers on the basis of their terms and conditions. Of course, you are free to choose fertility treatments from a different provider however, by doing so, you will not be able to participate in the Mediserve Clinic Fertility Programme.
6.2 You will pay Mediserve Clinic in respect of any Treatments performed by our Partner Providers and we will manage and co-ordinate the payment of the Partner Providers. The exception to this is in relation to any costs relating to the storage of any gametes or embryos you choose to store, where the costs will be handled directly between you and the Third-Party Clinic. Where you choose to receive additional Treatments or other services provided by our Partner Providers, you are likely to incur additional fees which may be payable directly to the Partner Providers.
6.3 Our Partner Providers have committed to Mediserve Clinic to ensure that their performance of the Treatments and their other services are provided with the highest level of care, skill and diligence in accordance with best clinical practice and in the best interests of each Patient. If you do not think that our Partner Providers have provided services to you in accordance with these standards, please let us know as soon as possible. We will raise these concerns with our Partner Providers, and they will follow their complaints or other procedures to resolve your concerns.
6.4 Our Partner Providers are all registered with the applicable English regulatory bodies, as required and as relevant to the Treatment and other ancillary services they provide including, without limitation the Care Quality Commission (www.cqc.or.uk); and/or in the case of Third Party Clinics the Human Fertilisation and Embryology Authority (www.hfea.gov.uk).
6.5 The terms and conditions of our Partner Providers will apply to the Treatment and other services that they provide to you. Please carefully read these terms and conditions. Our Partner Providers are all located in England and Wales and use doctors qualified to practice here.
6.6 Mediserve Clinic and our Partner Providers are only responsible for the provision of medical care and other services under the laws of England and Wales and are not responsible for complying with the laws and regulations of any other jurisdiction.
- Our rights to end the contract
7.1 We may end the Agreement if you break it. We may end the Agreement at any time by writing to you if:
(a) you do not make any payment to us or a Partner Provider when it is due and you still do not make payment within 7 days of us reminding you that payment is due, and in any event if payment is not made in full before a Treatment is scheduled;
(b) You have breached any provision of the Agreement or the contract between you and a Partner Provider;
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Mediserve Clinic Fertility Programme to you;
7.2 In some cases we may not provide or we may choose not to make available the Mediserve Clinic Fertility Programme to you. The circumstances where this may occur include:
(a) if you have been, or our Partner Providers have reported to us that you have been, violent or verbally or physical aggressive to any member of Mediserve Clinic’s staff or any member of staff of a Partner Provider;
(b) if we terminate our Agreement by giving you not less than fourteen (14) days’ prior written notice (although if you are part way through a Cycle, we would usually allow you to complete that Cycle before terminating).
7.3 If any of these or other circumstances arise where we consider that the Mediserve Clinic Fertility Programme is unlikely to be beneficial or applicable to you or which gives Mediserve Clinic any other reasonable grounds to end your participation in the Mediserve Clinic Fertility Programme, then we may either suspend your right to receive the Programme or terminate this Agreement by notifying you.
7.4 Where the Mediserve Clinic Fertility Programme is made available to you through your employer, if you are no longer entitled to receive coverage from such employer during the course of a Cycle, your participation in the Programme shall end following the end of such Cycle unless you choose to pay Treatment Fees directly to Mediserve Clinic for any future Treatment in accordance with these Terms.
7.5 If we end our Agreement, you must stop all activities authorised by these Terms, including your use of the Mediserve Clinic Fertility Platform and any Mediserve Clinic Services.
- If there is a problem with the Mediserve Clinic Fertility Programme
8.1 How to tell us about problems. If you have any questions or complaints about any aspect of the Programme, please contact us. You can telephone our customer service team on 020 7436 6600 or write to us at email@example.com or 27 Wimpole Street, London, W1G 8GN.
8.2 Summary of your legal rights. We are under a legal duty to supply products and services that are in conformity with this contract. Nothing in these Terms will affect your legal rights.
- Price and payment
9.1 Treatment Plan prices and payment. Unless covered by your employer, we will inform you in the Treatment Plan and/or by supplying you with the Patient Price List of the fees payable in respect of Treatments to be performed by Mediserve Clinic or our Partner Providers (“Treatment Fees”). Where Treatment Fees are not covered by your employer, an invoice in respect of such Treatment Fees shall accompany the Treatment Plan and you are required to pay such invoiced amounts within 5 Business Days and in any event before the applicable Treatment begins should you wish to receive the Treatment outlined in the Treatment Plan. Invoiced sums should be paid by credit or debit card or by electronic transfer of funds to Mediserve Clinic’s bank account, details of which are set out in the invoice.
9.2 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. If the product or service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.4 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Treatment Plan process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and; and for defective products under the Consumer Protection Act 1987.
10.3 Partner Provider Liability. Our Partner Providers are fully responsible for all Treatments and other services that are provided to you by them and will be liable and have insurance for any claims that you may have against them. All Treatments and other services provided to you by our Partner Providers will be on the terms and conditions of such Partners Providers and Mediserve Clinic and insofar as possible under applicable laws, guidance or regulations, disclaims liability for the performance of such Treatments or other services.
10.4 We are not liable for business losses. We only supply the Mediserve Clinic Fertility Programme for your own private use. If you use the Mediserve Clinic Fertility Programme for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information
11.2 Our Partner Providers will also collect and use your personal information and will also let you know how they will handle your data. You should refer to their privacy policies/data protection notices as well to understand how your information will be used.
- Intellectual Property
12.1 The content of our website at Mediserveclinic.com are protected by copyright, trademarks, database rights and other intellectual property rights. All intellectual property rights in the Mediserve Clinic Fertility Programme, our brand and the Mediserve Clinic logo throughout the world (“our IPR”) belong to us. You have no intellectual property rights in, or to, our IPR other than the right to use them in accordance with these Terms. The logo and branding of our Partner Providers and other business partners are trademarks and/or owned by such parties.
12.2 You may retrieve and display the content of the Mediserve Clinic website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print such content for your own personal use, provided you keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the Mediserve Clinic Information, or content on the Mediserve Clinic website without written permission from us. By entering into a Treatment Plan or agreeing to undertake any Treatment, you agree that those Products or services you purchase may only be used by you for your personal use and may not be sold or redistributed without our express written consent.
- Other important terms
13.1 Our right to vary these terms. We may amend these Terms from time to time. Please note the date at the bottom of these Terms to see when these Terms were last updated and which Terms were changed. Every time you order Products, Treatments or anything else from us, the Terms in force at the time of your order will apply to the Agreement between you and us. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Agreement if you are not happy with the changes.
13.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.4 Nobody else has 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.
13.5 Events outside of our control. If our supply of the Mediserve Clinic Fertility Programme, including but not limited to the Treatment(s) or supply of Products, is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any elements of the Mediserve Clinic Fertility Programme that you have paid for but not received.
13.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products or services (including but not limited to the Treatments or Products), we can still require you to make the payment at a later date.
13.8 Which laws apply to this contract and where you may bring legal proceedings. The Mediserve Clinic Fertility Programme is provided only in England and Wales in accordance with English law. These terms are governed by English law and you can bring legal in the English courts. If you live in Scotland you can bring legal proceedings in respect of what is covered by this Agreement in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of what is covered by this Agreement in either the Northern Irish or the English courts.
13.9 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution’s (“CEDR”) via their website at https://www.cedr.com/. If you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
In these Terms, unless the context requires otherwise, the following terms shall have the meaning assigned to them below:
- “Business Day” means any day, other than a Saturday or Sunday or public holiday in England, when the banks in London are open for business.
- “Clinical Treatment” means those medical fertility treatments which shall be performed by Third Party Clinics for the benefit of Patients but which are organised and booked through the Mediserve Clinic Fertility Programme, and agreed in a Treatment Plan which may include, but are not limited to a Cycle or Cycles as well as consultations, diagnostic testing and scans, if not carried out by Mediserve Clinic or in addition to such consultations, diagnostic testing and scans carried out by Mediserve Clinic.
- “Cycle” means a cycle of medical treatment which may either be (1) In-vitro Fertilisation (“IVF”), which can include the following stages: (a) stimulation; (b) egg collection; (c) fertilisation; (d) reinsertion of fertilised egg, ; or (2) Intrauterine Insemination (“IUI”).
- “Mediserve Clinic Advisors” means those persons engaged by Mediserve Clinic to provide part of the Mediserve Clinic Fertility Services and who are qualified nurses or other healthcare professionals.
- “Mediserve Clinic Services” means the services performed by Mediserve Clinic for Patients as part of the Mediserve Clinic Fertility Programme which may cover, without limitation, the co-ordination of a patient’s fertility journey through a bespoke treatment plan, education, advice and holistic services.
- “Holistic Treatments” means any treatment offered to Patients, excluding Clinical Treatments, which may include, but not be limited to, such services/treatments as fertility coaching, counselling, nutrition advice, reflexology, acupuncture
- “Holistic Provider” means a provider of Holistic Treatments.
- “Patient Price List” Mediserve Clinic’s current price list for elements of the Mediserve Clinic Fertility Programme, including but not limited to the cost of Treatments, together with Mediserve Clinic’s refund policies for such costs, which will be supplied to you at the point of a Treatment discussion consultation.
- “Partner Providers” means third party providers (including, without limitation, Third Party Clinics and Holistic Providers) who are engaged by Mediserve Clinic to collaborate with it to perform Clinical Treatments and Holistic Treatments offered through Mediserve Clinic Fertility Programme.
- “Products” means goods we sell including but not limited to, blood testing and sperm testing kits.
- “Third Party Clinics” means medical clinics who are authorised and regulated by the Human Fertilisation and Embryology Authority and collaborate with Mediserve Clinic to provide the Clinical Treatments offered through the Mediserve Clinic Fertility Programme.
- “Treatments” means the Clinical Treatments and the Holistic Treatments and “Treatment” shall mean any one of them.
- “Treatment Plan” means the plan outlining possible Treatments (which may include a Treatment Cycle as well as Holistic Treatment(s)) and the associated Treatment Fees for a Patient produced by a Mediserve Clinic Advisor following initial discussions, communications and consultation under the supervision of a Partner Provider with a Patient.
- Other Services terms
Please read these Terms carefully. They set out the basis upon which you will be provided with other services at Mediserve Clinic.
Mediserve Clinic may update these Terms from time to time, however changes to these Terms will only apply to any new episode of Care or Treatment Pricing that you receive and you will be asked to agree to any new Terms before they become effective for you. Note that any new Terms will not apply to a Treatment Pricing which is part-way through when the Terms are changed.
Please ensure you read the Terms in relation to our charges carefully. If you want to check how much something costs, please ask. Please ask us if there is something that you would like explained further.
- Insured Patients – This section will apply if you are covered by private medical insurance.
- You agree to pay for your Care.
- Whilst you will remain responsible for the payment of your Care, where you have private medical insurance:
- a) we will, where possible, process the insurance claim for your Care with your insurer, provided you have given us and your insurer all the information we and your insurer need to do so. If this information is incomplete or inaccurate, we may not be able to process your claim and you will need to pay for your Care, as set out in (c) below;
- b) where we process your insurance claim and your insurer pays us direct, the rate agreed between Mediserve Clinic and your insurer will apply to your Care;
- c) if your insurer fails to settle our invoices (or any part of them within 30 days of the date of issue we will assume that the outstanding amount will not be paid by your insurer and we may invoice you direct or debit the relevant balance from your credit or debit cards; and
- d) if we invoice you for your Care or an element of it you agree to pay us the amount invoiced within the time limits set out therein. If you do not think that we have invoiced you correctly, please let us know as soon as possible so we can deal with any mistake or misunderstanding.
- It is your responsibility to confirm with your insurer in advance that your Care is covered by your insurance policy and Mediserve Clinic will not obtain any such confirmation on your behalf. While you are in Mediserve Clinic, if you want to check with your insurer whether any aspect of your Care is covered by your insurance policy, we will give you access to a telephone so you can contact your insurer.
- Please note that some insurers use Care guidelines that may not match the professional medical opinion of the Consultants, nursing staff and other medical professionals providing your Care. In some cases this can mean that your insurer may not pay for certain parts of the Care you receive, and you will be required to pay for that part of your Care. In particular you should note that treatment for complications may in some cases not be covered by insurance and in such cases you agree to cover the cost of your Care as set out in paragraph 2(c) above.
- Please note that your insurance policy may not cover the cost of Sundry Items or other items such as specialist equipment, like crutches or wrist braces, or it may only cover part of such costs. You will be required to pay for any such items not reimbursed by your insurers.
- If you pay for your treatment and subsequently seek reimbursement from your insurer, and if no other rate has been expressly agreed between you and Mediserve Clinic, the Mediserve Clinic Standard Rates will apply to your Care.
- If no rate has been agreed between Mediserve Clinic and your insurer in respect of your Care, the Mediserve Clinic Standard Rates will apply to your Care.
- If you decide not to go ahead with your booked Consultation we reserve the right to charge a cancellation fee if you do not cancel your booked Consultation within 24 hours of a scheduled appointment
- If you have already paid for your Treatment Package, we will refund your payment, less any amount for services provided. Please note that we will pay any refund (by electronic transfer) only to the cardholder or person who made the original payment. We do not pay cash refunds.
- Law and the Courts: These Terms are governed by and shall be construed in accordance with English law and the courts of England and Wales shall have non-exclusive jurisdiction.
- Definitions: “Applicable Law” means any and all laws, regulations, guidelines and professional obligations applicable to the provision of Care or the performance of services for you, including the requirements as regards treatment, procurement, research and storage of reproductive material; “Care”means care, treatment, diagnosis, services (including Sundry Items) and goods provided by us; “Contract”means these Terms; “Private Patients” means all patients that are not NHS patients and includes patients who are covered by medical insurance and patients who are paying for their own treatment;