Terms And Conditions
Pod Health Limited Terms and Conditions of Service
Pod Health Limited is a limited company registered in England and Wales, with the company number 11016143, and registered office address at 52 Cornmarket Street, Level 2, Oxford, OX1 3HJ (hereinafter “We”, “Us” or “Our”).
Pod Health provides clinical pods at locations throughout the UK and delivers a range of clinical Services (defined below) to users who can book and register using screens located at the pods, or online prior to attendance (hereinafter “You” or “Your”).
These are the terms and conditions on which We supply Services to You (hereinafter the “Conditions”). Please read these carefully before You register to use the Services. These Conditions tell You who We are, and how You and We may change or end the Contract, what to do if there is a problem, and other important information. You can contact Us by writing to Us at email@example.com or Pod Health Limited, 52 Cornmarket Street, Level 2, Oxford, OX1 3HJ, or by telephoning [NUMBER].
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 on Registration.
PLEASE PAY SPECIFIC ATTENTION TO THE FOLLOWING CLAUSES:-
Clause 3 – Results and Reports Provided Do Not Constitute Medical Advice for General (or Emergency) Medical Conditions and Should Not Be Relied Upon In Such Circumstances
Clause 10 – Our Responsibility for Loss or Damage Suffered By You
1.1. The following definitions and rules of interpretation apply in these Conditions:
|Account||means Your personal account on the Pod Health Website accessible to You using the username and password created upon Registration, where Your Report will be displayed.|
|Booking||means the request for an appointment to attend a Pod to receive specific Services as selected by You, made on the Pod Health Website, or on the screen on the exterior of the Pod.|
|CCTV||has the meaning given in clause 11.6.|
|Conditions||has the meaning given in the opening paragraphs of this document.|
|Contract||has the meaning given in clause 2.4.|
|CQC||means the Care Quality Commission.|
|Data Protection Legislation||means up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.|
|Fee(s)||has the meaning given in clause 9.1.|
|GDPR||means General Data Protection Regulation ((EU) 2016/679).|
|History||has the meaning given in clause 6.6.|
|Intellectual Property Rights||means patents, utility models, rights to inventions, copyright and neighboring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.|
|Offer||has the meaning given in clause 2.4.|
|Personal Data||has the meaning given in clause 11.3.|
|Personal Data Breach||means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data, and includes breaches that are the result of both accidental and deliberate causes.|
|Pod||means Our premises identified on the Pod Health Website where the Services will be performed.|
|Pod Health Website||means the domain www.podhealth.co.uk|
|Practitioner||means the member of Our staff who occupies the Pod, and who is qualified for Performing the Services.|
|Registration||means the registration to create an Account with Us for use of the Services by completing and submitting the form available on the Pod Health Website, or a screen on the exterior of the Pod. The details that You will provide upon registration will include but are not limited to name, address, date of birth and e-mail address.|
|Report||means the report providing the Results of the Service and any additional commentary which will be accessible to You through the Pod Health Website once the report is complete and uploaded.|
|Results||means the data results of the tests undertaken as part of the Services.|
|Services||means the available Services, including but not limited to blood tests and analysis of the Results, as detailed on the Pod Health Website which You specify on Your Booking.|
1.2. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.3. Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.4. A reference to writing or written includes email.
2. Basis of contract
2.1. If you wish to receive Services from Us, You must first complete the Registration before proceeding to make a Booking to receive Services at a Pod, or before using any other services that We may offer on the Pod Health Website from time to time.
2.2. Upon Registration You shall be prompted to create a unique username and password which will allow You to log in to the Pod Health Website and view Your Account with Us.
2.3. Once You have created an Account, You shall be permitted to make repeated Bookings without the need for further Registration.
2.4. Your submission of each Booking is an offer by You to purchase Services in accordance with these Conditions (hereinafter the “Offer”). Our confirmation of Your Booking does not constitute acceptance of an Offer, but only Our willingness to discuss Our Services with You. Our acceptance of Your Offer is at the Practitioner’s sole discretion and will take place in the Pod once You have answered additional questions, and on the basis of which We confirm that We are able to provide You with the Service, at which point a contract will come into existence between You and Us, and shall incorporate these Conditions (hereinafter the “Contract”).
2.5. Each Booking shall give rise to a separate Contract.
2.6. The Practitioner’s decision is final and if We are unable to accept Your Offer, We will inform You of this and will not charge You for the Services.
2.7. Before You receive the Service You will be required to sign an electronic consent form which will be made available to You through Your Account.
2.8. The Report shall be available to view within Your Account within seven days of performance of the Services, unless stated otherwise at the time of the performance of the Services.
2.9. Our Services can only be performed in the United Kingdom but We can accept Bookings made from outside of the United Kingdom in advance of a visit to the United Kingdom.
3. Not medical advice for general or emergency conditions – Please pay attention to the content of this clause
3.1. The Services are not intended as a substitute for the advice provided by Your own general practitioner, physicians or other health care providers, and may not take Your complete individual health situation into account.
3.2. The Service are not diagnostic and are not intended for the purposes of discovering the presence, cause or extent of any disease, disorder or injury.
3.3. You shall not use the Report, Services or the Pod Health Website or the Services in isolation to diagnose a health problem or disease, or as a means of determining treatment.
3.4. The sole intention of the Services is to measure indicators of health and well-being.
3.5. You acknowledge that the only health advice You will be receiving will be from Your general practitioner, physician or other health care provider, and not from Us.
3.6. The Report is not intended to be a substitute for professional medical advice. The purpose of the Report is as a guide to future treatment, and You should not take, or refrain from taking, any action based on the content of the Report, without first seeking medical advice for your GP or other health professional as appropriate.
3.7. We do not provide emergency medical or health services or treatment. In the event of any illness You are required to contact Your general practitioner, physician or Your nearest hospital, or contact the emergency services, as soon as possible.
4. Your rights to make changes
If You wish to make a change to the Services please contact Us prior to Booking. 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 Services, their timing 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.
5. Our rights to make changes.
5.1. Minor changes to the Services. We may change the Services or suspend the Services:
5.1.1. to reflect changes in relevant laws and regulatory requirements; and
5.1.2. to implement minor technical adjustments and improvements, for example to address a security threat.
5.2. We will make every effort to minimise any impact of these changes on Your use of the Services.
5.3. Furthermore, We may make changes to these Conditions for any reason, and will notify You. You may then contact Us to cancel any Bookings.
6. Provision of services
6.1. The Services will be provided by properly trained Practitioners who will be regularly monitored remotely by clinicians. All Our Practitioners will have undergone a Disclosure and Barring Service (DBS) check, will have been trained to perform the Services, and all Reports will be reviewed by a general practitioner registered with the General Medical Council prior to display in Your account.
6.2. You acknowledge and accept that the blood samples or any other samples that We collect from You will be analysed by Us or a third party in order to generate the Results. Please see clause 11 below for more information on the disclosures that We make of Your Person Data.
6.3. The Report is prepared by Us based on Results generated by a third party. You shall be given the option of receiving a copy the original documentation displaying Your Results and any supplementary commentary and interpretation, as provided by that third party.
6.4. We will perform the Services to You from the time We accept Your Offer until We have completed the Services and notified You that Your Report is available, unless the agreement is terminated beforehand. The estimated completion date for the Services shall be communicated to You by the Practitioner upon Our acceptance of Your Offer.
6.5. We are not responsible for delays outside Our control. If Our performance of the Services, or the supply of the Report, are affected 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.
6.6. We will require certain information from You so that We can provide the Service to You (hereinafter the “History”). This includes but is not limited to:
6.6.1. details of the general practitioner or family doctor with whom You are registered;
6.6.2. details of any medication being taken;
6.6.3. information relating to any allergies;
6.6.4. disclosure of any pre-existing medical conditions;
6.6.5. certain information on lifestyle (e.g. smoking and drinking);
6.6.8. height; and
6.7. You will be required to provide details of Your general practitioner or family doctor upon Registration and You must submit Your History when making a Booking, and further details of Your History shall be requested upon Your attendance at the Pod, depending on the Services requested by You. If You fail to provide details of Your general practitioner or family doctor, or the History requested, We may not be able to provide the Service and We may not be able to accept Your Offer.
6.8. You are responsible for ensuring that the History You provide is complete and accurate and that, subject to the provisions of clause 10, We will not be responsible for any errors or omissions in the Report as a result of the reliance on the History that You provide.
6.9. If We conclude, based on Your Results, that You should seek specialist health advice, We may at Our own discretion include guidance in Your Report suggesting possible specialists, or practitioners which You may benefit from consulting. This guidance shall be for information purposes only, and is not conclusive medical advice or an endorsement of the specialists or practitioners in question. Furthermore, the absence of such guidance from Your Report should not be deemed to mean that You would not benefit from specialist advice, and that no further action is necessary.
6.10. You acknowledge and accept that We may at Our sole discretion, forward a copy of the Results or Report to Your general practitioner or family doctor, and You provide Your consent for this.
6.11. If You arrive at the Pod more than 10 minutes later than the time specified in Your Booking, We may at Our sole discretion refuse to accept Your Offer pursuant to clause 2.4, and no Contract will come into existence.
7. Your rights to end the contract
7.1. You may terminate a Contract at any time by giving notice with immediate effect.
7.2. If You are terminating the Contract accordance with Clause 7.1, and for a reason set out at (7.2.1) to (7.2.5) below the Contract will end immediately and We will refund You in full for any Services which have not been provided or have not been properly provided. The relevant reasons are:
7.2.1. We have told You about an upcoming change to the Services pursuant to clause 5 of these Conditions to which You do not agree;
7.2.2. We have told You about an error in the price or description of the services You have ordered and You do not wish to proceed;
7.2.3. there is a risk the Services may be significantly delayed because of events outside Our control;
7.2.4. We suspend the Services for technical reasons, or notify You We are going to suspend them for technical reasons, in each case for a period of more than four weeks;
7.2.5. You have a legal right to end the Contract because of Our breach of Our obligations under these Conditions.
7.3. The Services require the collection of a blood sample or other clinical samples from You by the Practitioner. If the Practitioner makes two unsuccessful attempts at collecting a blood sample You have the option of terminating the Contract without incurring the Fees, or You may elect for the Practitioner to have a third and fourth attempt at collecting the sample. If the Practitioner’s third attempt at collecting a blood sample is unsuccessful, then the Contract shall be terminated and you shall not be charged a Fee, or will receive a refund, as appropriate.
7.4. If You are ending the Contract, but not for one of the reasons set out in clause 7.2 or 7.3, the Contract will end immediately but We may charge You £50 as compensation for the net costs We will incur as a result of Your ending the Contract.
7.5. Upon termination, Your license to use the Service, Pod Health Website and Your Account will terminate immediately.
8. Our rights to end the contract
8.1. We may terminate the Contract at any time if You are found to be in breach of any these Conditions.
8.2. We may end this Contract if You fail to provide the History or any other requested information.
9. Price and payment
9.1. The fees of the Services shall be set out in the price list on the Pod Health Website on the date of Your Booking unless We have agreed another price in writing (hereinafter the “Fees”). We take all reasonable care to ensure that the prices of Services advised to You are correct.
9.2. We will invoice You for the Fees during Your visit to the Pod. You must pay each invoice at the time of Your visit to the Pod. We accept payment by cash or credit/debit card.
9.3. A payment made using a company expenses card may be subject to a surcharge in addition to the Fees.
9.4. 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 Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
9.5. 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.
10. Our responsibility for loss or damage suffered by you – YOUR ATTENTION IS SPECIFICALLY DRAWN TO THIS CLAUSE
10.1. We are responsible to You for foreseeable loss and damage caused by Us. If We fail to comply with these Conditions, 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.
10.2. The Results and the Report will contain data provided by third parties and We are not responsible for the reliability and integrity of this data. Whilst all reasonable efforts are made to ensure that any information, including the Results, supplied by Us is correct, We make no representations or warranties, express or implied, in relation to the timeliness, accuracy or completeness of the Report or the Results.
10.3. 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 Service including the right to receive Services which are as described and supplied with reasonable skill and care.
10.4. If defective digital content which We have supplied damages a device or digital content belonging to You and this is caused by Our failure to use reasonable care and skill, We will either repair the damage or pay You compensation. However, We will not be liable for damage.
10.5. The Report is provided on an “as is” basis, and without any warranty of any kind, whether express or implied, statutory or otherwise.
10.6. Subject to clause 10.3, We shall not be liable for any loss or damage (including, without limitation, economic loss and consequential loss or damage, loss of profits resulting from loss of personal information or business interruption resulting from the use of or inability to use Services, its directors, officers, employees, agents, parents, subsidiaries, assigns, affiliates and licensors shall not be liable for any indirect, consequential, or exemplary damages (including without limitation damages for loss of profits, business interruption, loss of data, loss or destruction of blood samples or any other clinical samples, or loss of business information and the like), whether in an action based in contract, tort or otherwise, arising out of or in connection with the use of content of the Report or performance of the Services.
10.7. Notwithstanding clause 10.6, in the event of loss or destruction of blood samples or any other clinical samples You shall receive a full refund of the Fees paid for any Services related to the lost or damaged samples.
10.8. We are not liable for business losses. We only supply the Services for domestic and private use. If You use the Services for any commercial or business purpose, We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
11.1. In delivering the Services in connection with this Contract We shall comply with all applicable requirements under the Data Protection Legislation.
11.2. For the purposes of the Data Protection Legislation, You are the Data Subject, We are the Data Controller and any other sub-contractor, or third party engaged in the performance of the Services to You are the Data Processors.
11.3. We shall in the course of providing the Services, collect from You personal data, including History and Results which amount to Special Category Data as defined by the Data Protection Legislation (hereinafter “Personal Data”).
11.4. We shall, in relation to any Personal Data used in connection with the performance by Us of Our obligations:
11.4.2. maintain complete and accurate records and information to demonstrate its compliance with the Data Protection Legislation; and
11.4.3. notify You without undue delay on becoming aware of a Personal Data Breach.
11.5. You consent to Us appointing third-party processors of Personal Data under the Agreement. We confirm that We shall enter any third-party processor into a written agreement, incorporating terms reflecting those set out in this clause.
11.7. We undertake that We shall not at any time, disclose to any person any confidential information, including Your Personal Data, or History except where We are legally required to do so.
11.8. We shall securely store Your Personal Data and History for a period of ten years from the date of completion of the Services, and upon expiry of this period, We shall securely destroy the Personal Data, or History. You may request the earlier destruction, or return of Your Personal Data, or History by writing to firstname.lastname@example.org or Pod Health Limited, 52 Cornmarket Street, Level 2, Oxford, OX1 3HJ.
12. Intellectual property
12.1. All Intellectual Property Rights in the Pod Health Website, Your Account, and Services remains with Us (and where applicable) Our licensors.
12.2. We grant You a non-exclusive, revocable licence to use the Pod Health Website, Your Account, and Services or the duration of the Contract.
12.3. You may not cause or permit the disclosure, copying, decompiling, reverse engineering, disassembling, modifying, creating derivative works, renting, licensing, sublicensing, leasing, dissemination or other distribution of the Pod Health Website, Your Account, and Services, or any part thereof, by any means or in any form, without prior written consent from Us.
12.4. You are entitled to use the Pod Health Website, Your Account, and Services strictly for Your own use and may not otherwise commercially exploit any of the Pod Health Website, Your Account, and Services.
12.5. All Intellectual Property Rights in the Report, apart from the Results, shall remain with Us.
12.6. You are only permitted to make copies of the Report to the extent necessary for receiving clinical and health related services.
12.7. You are not permitted to publish the Report, in whole or in part, in any media, including online or on social media.
13. Other important terms
13.1. For detailed information on Your key legal rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
13.2. In respect of the provision of Services the Consumer Rights Act 2015 says:
13.2.1. You can ask Us to repeat a Service if it’s not carried out with reasonable care and skill, or receive a refund if We are unable to repeat it;
13.2.2. If You have not agreed the Fees beforehand, what you’re asked to pay must be reasonable;
13.2.3. If You have not agreed a time beforehand, it must be carried out within a reasonable time.
13.3. 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.
13.4. If You are not satisfied with the Services please contact Us by writing to email@example.com or Pod Health Limited, 52 Cornmarket Street, Level 2, Oxford, OX1 3HJ.
13.5. We may transfer this agreement to someone else. We may transfer Our rights and obligations under these terms to another organisation.
13.6. You need Our consent to transfer Your rights to someone. You may only transfer Your rights or Your obligations under these terms to another person if We agree to this in writing.
13.7. These terms are governed by the laws of England and Wales and You can bring legal proceedings in respect of the Services in the English and Welsh courts.
13.8. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.9. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties.
13.10. If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions 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.
13.11. 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 Conditions, 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 Services, We can still require You to make the payment at a later date.
Pod Health Limited Consent Form
I confirm I am over 18 years of age and can give the consent below.
I consent to Pod Health Limited:
1. undertaking a blood/other tests for the purposes of providing the service and medical advice related to it and I also consent to Pod Health Limited processing and storing my personal data, including any medical history and information that I provide, for the purposes of providing the Service in accordance with the terms and conditions;
2. using a third party such as a pathology laboratory or other clinical establishment to analyse the blood sample and any other clinical samples that I provide;
3. disclosing to my general practitioner or family doctor, at its sole discretion, any personal data and any results or information produced in the course of delivering the services, as Pod Health Limited deems appropriate;
4. using and retaining anonymised data for research purposes; and
5. filming me with closed circuit television cameras inside the Pod while I receive services, and I acknowledge that this is to ensure safety of Pod Health staff.
I hereby acknowledge that:
I have read and understood Pod Health Limited’s terms and conditions;
the report that will be produced by Pod Health Limited shall be based in part on the medical history that I provide;
I am responsible for ensuring that the medical history provided is complete and I am responsible for any omissions from the medical history that I give;
any omissions from the medical history that I disclose may have an impact on the accuracy and reliability of the report;
the clinician/practitioner preparing the report will not have performed a physical examination, and therefore may not have had access to the full clinical picture;
the purpose of the report will be to provide guidance towards further medical treatment;
the content of the report is for information purposes only and should not be relied upon as medical advice; and
I should not take, or refrain from taking, any action based on the information contained within the report, and should always seek a direct clinical opinion before making any decisions about my health
On behalf of POD Health Limited