ACUITUS MEDICAL LIMITED
Terms of website use
- Information about us AND THE WEBSITE
The Website is operated, managed, owned and maintained by Acuitus Medical Limited (known as the Centre for Surgery) (“We” “Us”, “Our”, “AML”), a business operating in England and Wales from Acuitus Medical Ltd, Unit 2 Colne Way Court, Colne Way, Watford WD24 7NE.
- Accessing our Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to any or all users including those who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
We do not represent or warrant that the Website or any information contained within it is appropriate or lawful in locations outside the United Kingdom. If you opt to access the Website from a location outside the United Kingdom, you shall be responsible for complying with all applicable local laws
- Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those materials are protected by copyright laws (or such other intellectual property rights which may arise in the materials from time to time) and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
- Reliance on information posted
Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
Further, we disclaim all liability for the accuracy or completeness of the information contained within our Website.
- Our Website changes regularly
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
- Our liability
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
- Information about you and your visits to our Website
- Transactions concluded WITH US
Separate terms and conditions govern the contracts for cosmetic services performed as a result of visits made by you to our Website. For any online purchase of post-operative garments (“Products”) on our Website, the following terms of this Clause 8 also apply:
8.1 Placing an order
- In order to purchase any products from the Website, you shall be required to complete the online form (“Order Form”) made available to you on the Website.
- Upon completion of the Order Form you will be directed to our payments screen in order to make payment for the Products. Such payment will result in you having placed an order (“Order”) for the Products.
- By placing an Order, you consent to AML conducting verification and security procedures in respect of the information provided in the Order Form.
- You hereby warrant that the information provided to AML is true, accurate and correct. You further warrant that you shall promptly notify AML in the event of any changes to such information.
8.2 Formation of contract
- After placing an Order, you will receive an e-mail from Us acknowledging that We have received your Order (“Order Confirmation Email”). Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between Us will only be formed when We send you the Dispatch Confirmation (“Contract”).
- The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
8.3 Price and payments
- The price of the Products and our delivery charges will be as quoted on our Website from time to time, except in cases of obvious error (“Price”).
- Unless otherwise expressly set out to the contrary, the Price quoted on the Website shall be inclusive of applicable value added taxes.
- Due to the nature of the business, you acknowledge and agree that the Price may be subject to change and variation from time to time subject always that any changes in the Price shall not be applicable to you once you have submitted your Order with AML.
- AML shall use its reasonable endeavours to ensure that the Price for the Products on the Website are accurate and correct at all times. However, you acknowledge and accept that such Products may at times be incorrectly priced. Where there is a discrepancy between the actual Price and the advertised Price, AML shall inform you of the actual Price of the Product. Thereafter, you shall have the option of proceeding with your Order in consideration for the actual Price or cancelling your Order with AML.
- You may pay for your Order using the method of payment as specified on the Website. AML reserves the right not to process your Order if AML has not received payment of the Price and any other additional charges, including without limitation any applicable taxes and delivery charges.
- If delivery of the Product is to an address outside the United Kingdom, AML shall not be responsible for any additional taxes due including but not limited to importation taxes, sales taxes and any other taxes and charges that may be levied at the delivery destination.
- For your information, We use third party payment handlers to process your payment and you agree that you have given Us permission to do so by complying with the terms herein.
- AML aims to deliver your Order to you, subject to the provisions set out herein, within fourteen (14) days of receipt of payment.
- You shall become the owner of the Products on dispatch of such Products by AML, provided always that AML has received payment of the Price and all other related charges in full. Once the Products have been dispatched to you, they will be your responsibility and, except insofar as the Products fall within either Clause 8.5 or Clause 8.6(A) below, AML shall not be liable for any damage, loss or destruction of the Products after they have been dispatched to you.
- All applicable delivery charges are included in the Price quoted on the Website and accordingly, there shall be no additional costs associated with delivery that shall be charged to you.
- Cancellations and returns
- Subject to Clauses 8.5(B) and 8.5(C) below, you reserve the right to cancel the contract at any time, starting on the day you place your Order and ending fourteen (14) days from the day you receive your Order (“Cooling Off Period”). In this case, you will receive a full refund of the monies paid to AML for the Products, no later than thirty (14) days from the date of receipt by AML of your returned goods in accordance with the provisions of this Clause 8.5.
- Clause 8.5(A) above shall not apply to Products which have been expressly set out on the Website as falling within the exemption of this Clause 8.5(B) by reason that such Products are personalised and may not be returned.
- To cancel an Order, you must inform AML in writing at the address set out on the Contact page of the Website at any time within the Cooling Off Period or you may wish to copy and use the following cancellation form:
Model cancellation form
To: Acuitus Medical Ltd, Unit 2 Colne Way Court, Colne Way, Watford WD24 7NE
Or at [INSERT E-MAIL ADDRESS].
I/We * hereby give notice that I/We * cancel my/our * contract of sale of the following goods (*)/for the supply of the following service*:
Ordered on */received on *: [INSERT]
Name of consumer(s): [INSERT]
Address of consumer(s): [INSERT]
Signature of consumer(s) (only if this form is notified on paper) …………………………
* Delete as appropriate.
- If you cancel an Order in accordance with this Clause 8.5,
- prior to receipt of the Product, AML shall refund you the Price you have paid for your Order within thirty (30) days of your notification to cancel in accordance with this Clause 8.5; or
- upon receipt of the Product, AML shall, subject to such cancellation falling within the Cooling Off Period, advise you in respect of your return of the Product and refund you the Price you paid for your Order. You shall, upon such advice, promptly at your own cost and risk, return the Product to the designated address advised to you by AML.
- You understand and agree that if you fail to comply with Clause 8.5(C), AML shall be entitled to refuse your request to cancel during the Cooling Off Period or to refund you the Price you paid to AML for the cancelled Order.
- Defective or damaged Products
- In the event that the Products delivered to you are inherently defective or damaged in transit, AML shall provide you with replacement of your Order, or if such Product is unavailable, then an alternative which is of the same or similar quality or value. AML shall bear the delivery costs incurred by you in returning the defective or damaged Product to Us, subject always that you provide Us with documentary evidence supporting such delivery costs.
- Notwithstanding Clause 8.6(A), you understand that the life of the Product is dependent on your use of the same and is therefore subject to wear and tear. AML shall not be liable to refund and/or compensate you where the Product is damaged by you through normal wear and tear.
- Orders for delivery outside the United Kingdom
- If you opt to access the Website and make purchases of the Products from a location outside the United Kingdom, you shall be responsible for complying with all applicable local laws.
- You acknowledge and agree that due to the various systems of delivery services outside the United Kingdom, AML will only in some cases be able to confirm that your Order has been delivered to the designated country of the address set out in the Order Confirmation Email. AML shall have no control whatsoever in respect of your local delivery services and therefore does not represent or warrant that your Order shall be delivered within a particular timescale, in the form in which it was originally packaged and delivered by AML or at all.
- AML does not represent or warrant that the Website or the Products made available for purchase on the Website is appropriate or lawful in locations outside the United Kingdom, or that the Products and/or the delivery thereof comply with any legal or regulatory requirements of any applicable local law of the location in which you are currently situated.
- If you order Products for delivery outside the United Kingdom, you may be subject to import duties and taxes which are levied upon the delivery of such Products to the specified address. You shall be solely responsible for payment of any such import duties and taxes. AML has no control whatsoever in respect of such additional import duties, taxes and charges and AML cannot advise you what these may be. Consequently, AML recommends that you contact your local customs office for further information prior to placing any Order with AML.
- For all deliveries to locations outside the United Kingdom, you shall be deemed the importer of the Products and it shall be your sole responsibility to comply with all applicable local laws and regulations of the country to which the Products are delivered. AML shall in no way be liable to you or any third parties for any breach by you of any such laws arising from or in connection with the purchase of the Products and/or AML’s delivery of the Products to you.
- Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
- Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply with any reasonable requests made by us from time to time as to content or theme.
If you wish to make any use of material on our Website other than that set out above, please address your request to email@example.com.
- Links from our Website
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any of these sites via our Website, you do so at your own risk.
- Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or relating to, a visit to our Website although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
If any of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- Your concerns
If you have any concerns about material which appears on our Website, please contact us at firstname.lastname@example.org.
Private Healthcare Information Network
Part 3 of the CMA Order is stated below along with our response to each section:
- Refrain from offering any scheme, arrangement or incentive, whether legally enforceable or not, which is intended to induce or may reasonably be regarded as inducing a referring clinician to refer private patients to, or treat private patients at, the facilities of a particular private hospital operator. FULLY COMPLIANT
2 2. Publish on their website details of:
- Higher value services: Article 16.2(c) – All higher-value goods or services (including secretarial and administrative services, and consulting rooms) offered by the private hospital operator to referring clinicians, and the amount charged to the same in respect of each good and service provided at the relevant facility. NO HIGHER VALUE SERVICES OFFERED
- Low value services: Article 17.2 – Description of any low-value services (workplace amenities, general marketing, general corporate hospitality) provided to referring clinicians. NO LOW VALUE SERVICES PROVIDED
- Corporate hospitality: Article17.3 – A description of and the cost of any specific corporate hospitality events provided to referring clinicians, such as off-site conferences or annual dinners. NONE PROVIDED
- Financial interests: Article 19.1 and 19.2 – Details of all referring clinicians (including the name of the clinician) practicing at that private hospital or facility who have a share or financial interest either in that private hospital or facility, or in equipment used in that private hospital or facility. The size of the financial interest must also be published. NO REFERRING CLINICIANS HAVE A FINANCIAL INTEREST
- Payments to referring clinicians holding a part-time position in a private hospital: Article 19.3 – Details of payments made to, and a summary of the duties performed by, the relevant referring clinician as regards the part-time position. NO PAYMENTS MADE